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Glenn County Unincorporated
City Zoning Code

Division 15-1

General Provisions

1326

15.01.010 Title

This title shall be known and may be cited as the “Unified Development Code of Glenn County.” (Ord. 1183 § 2, 2006)

15.01.020 Purpose

The purposes of this title are:

  1. To promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare;
  2. To implement the county general plan, and to facilitate and guide growth in accordance with the general plan; and
  3. To protect the social and economic stability of residential, commercial, industrial, resource production, and recreational activities within the county through the orderly, planned use of real property. (Ord. 1183 § 2, 2006)

15.01.030 Applicability

The provisions of this title apply throughout the unincorporated portions of the county and apply to lands owned, leased, or otherwise controlled by the state or a local government, or any unit or agency or either of them, to the extent permitted either by law or by the consent of or agreement with the state or local government or unit or agency affected. The provisions of this title apply to public lands as defined in the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) to the extent permitted by that act or other federal law, or regulations adopted pursuant thereto or agreements made with the county. The provisions of this title do not apply to federal reservations or to land owned, leased or otherwise controlled by the county. As used in this subsection, “local government” includes, but is not limited to, cities, school districts and special districts. (Ord. 1183 § 2, 2006)

15.01.040 Scope

The zoning plan consists of the establishment of various zone districts to be used within the unincorporated territory of the county. Within some, all or none of the districts it shall be lawful, and within some, all or none of the districts it shall be unlawful, to erect, construct, alter or maintain certain buildings, or to carry on certain uses of land or of buildings. Within the districts, the height and bulk of future buildings shall be limited, and certain open spaces shall be required around future buildings. Each district shall consist of additional appropriate regulations to be enforced, all as set forth in this title. (Ord. 1183 § 2, 2006)

15.01.050 Administration

This title shall be administered and enforced by the planning authority who shall advise the public about its requirements. The responsibilities of the director under this title include the following functions, which may be carried out by planning authority employees under the supervision of the director:

  1. Accept and review all applications authorized hereunder; certify that applications submitted have been properly completed; establish permanent files; conduct site and project analysis; prepare public notices; meet with applicants; collect fees; prepare reports; process appeals; present staff reports to the planning commission and board of supervisors; and
  2. Issue administrative permits under this title and certify that all such permits are in full conformance with these requirements; and
  3. Refer and coordinate matters related to the administration of this title with other agencies and county departments; and
  4. Enforce and secure compliance with the provisions of the title. (Ord. 1183 § 2, 2006)

15.01.060 General Plan Consistency

Where any regulations specified in this title and any portion of any element of the general plan are inconsistent, the general plan shall prevail. (Ord. 1183 § 2, 2006)

15.01.070 Solar Energy And Shade Control Act

Pursuant to California Public Resources Code Section 25985, the county declares itself exempt from the provisions of the Solar Shade Control Act, Chapter 12 (commencing with Section 25980) of Division 15 of the Public Resources Code. (Ord. 1183 § 2, 2006)

15.01.080 Compliance With Requirements

It is unlawful for any individual, firm, association, syndicate, partnership, trust, or any other legal entity, as a principal, agent, or otherwise, to offer to sell, to contract to sell, or sell, or lease, or transfer, or utilize, or otherwise assign for financing or other purposes, any parcel or parcels or real property or any part thereof in the unincorporated territory of the county, unless and until all the requirements hereinafter provided have been complied with. (Ord. 1183 § 2, 2006)

15.01.090 Interim Ordinance

Without following the procedures otherwise required prior to the adoption of an ordinance, the board of supervisors, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the board of supervisors, planning commission or the planning authority is considering or studying or intends to study within a reasonable time. The urgency measure shall require a four-fifths vote of the board of supervisors for adoption. The interim ordinance may be adopted by meeting all requirements set forth in Section 65858 of the Government Code. (Ord. 1183 § 2, 2006)

15.02.010 General

For the purposes of this title, certain terms or words used herein shall be interpreted as follows unless the context clearly calls for another meaning:

  1. The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual;
  2. The present tense includes the future tense; the singular number includes the plural, and the plural number includes the singular;
  3. The word “shall” is mandatory, the word “may” is permissive;
  4. The words “used” or “occupied” include the words “intended”, “designed”, or “arranged to be used” of “occupied”;
  5. The word “lot” includes the words “plot”, “site”, or “parcel”;
  6. The masculine includes the feminine;
  7. The word “county” as used herein means the county of Glenn; the words “board of supervisors” mean the board of supervisors of the county of Glenn; the words “planning commission” mean the planning commission of the county of Glenn; and the words “county boundary” mean the boundary of the county of Glenn, and/or the boundary of any incorporated municipality within the county. (Ord. 1183 § 2, 2006)

15.02.020 Definitions

When used in this title, the following words and phrases have the meaning and usage indicated unless another meaning or usage is required by the context in which a word or phrase is used:

    1. “Accessory building” means a building, part of a building or structure which is detached from the main building and the use of which is incidental to that of the main building structure or use on the same lot.
    2. “Accessory use” means a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the zone.
    3. “Accumulation vehicles” means the accumulation and storage of abandoned, wrecked, dismantled, inoperative or nonregistered vehicles, travel trailers, unoccupied mobilehomes, or parts thereof, on private or public property.
    4. “Adult entertainment businesses” includes the following:
      1. “Adult book store” means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter, depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” or an establishment with a segment or section devoted to the sale or display of such materials.
      2. “Adult motion picture theater” means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis or manner depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
      3. “Adult mini motion picture theater” means an enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
      4. “Adult hotel or motel” means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activates” or “specified anatomical areas.”
      5. “Adult motion picture arcade” means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”
      6. “Cabaret” means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, “go-go” dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on “special sexual activities” or “specified anatomical areas.”
      7. “Massage parlor” means any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with “specified sexual activities” or where any person providing such treatment, manipulation or services related thereto exposes “specified anatomical areas.”
      8. “Model studio” means any business where, for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.
      9. “Sexual encounter center” means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in “specified sexual activities” or exposing “specified anatomical areas.”
      10. Any business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
    5. “Advisory agency” means the Glenn County Planning Commission.
    6. “Affordable Housing” means housing costs as defined in Section 50052.5 of the Health and Safety Code or rents at qualifying levels for lower-income or very low-income households.
    7. “Affordability” is determined by the economic feasibility to construct lower-income housing in the proposed development.
    8. “Agricultural accessory building” means an uninhabited structure, designed and built to store farming animals, implements, supplies or products (not including commercial greenhouses or buildings for agricultural processing activities), which is not used by the public.
    9. “Agricultural Homestay Establishment” shall mean an establishment that meets all of the requirements of Section 113870 of the California Health and Safety Code including the following:
      1. Has not more than six guest rooms or accommodates not more than 15 guests.
      2. Provides overnight transient accommodations.
      3. Serves food only to its registered guests and serves meals at any time, with respect to which the price of food is included in the price of the overnight transient occupancy accommodation.
      4. Lodging and meals are incidental and not the primary function of the agricultural homestay establishment.
      5. The agricultural homestay establishment is located on, and is a part of, a farm as defined in Section 53363 (52262) of the Food and Agricultural Code, that produces agricultural products as its primary source of income.
    10. “Agricultural operations” means and includes, but is not limited to the cultivation and tillage of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity including viticulture, horticulture, timber and apiculture, the raising of livestock, fur-bearing animals, fish or poultry, and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.
    11. “Agricultural processing” means the refinement, treatment or packaging of all primary and secondary agricultural products for commercial purposes.
    12. “Agriculture” means the art or science of cultivating the ground, including harvesting of crops and rearing and management of livestock, tillage, husbandry, farming, horticulture and forestry. “Agricultural land” means all that real property within the boundaries of Glenn County currently used for agricultural operations or upon which agricultural operations may in the future be established;
    13. “Aircraft” means any contrivance used or designated for navigation of or flight in the air.
    14. “Aircraft ground movement area” means the runways, taxiways and parking apron of the airport.
    15. “Airports and landing strips” means any area of land or water used or intended for the landing and takeoff of aircraft, and any accessory areas for airport buildings and other facilities. “Airfields” and “landing strips” include the following:
      1. “Agricultural or personal landing strip” means a landing strip or heliport for agricultural crop dusting or for personal use of the tenant or owner of the site which is not available for public use or commercial operations.
      2. “Restricted use airfield” means:
        1. A landing strip or heliport having not more than ten based aircraft with exclusive rights of use reserved to the owners or tenants of units within any cluster development, multifamily development, subdivision, industry or institution; or
        2. An emergency heliport operated in conjunction with a hospital or public safety facility.
      3. “Public use airfield” means any landing strip, airport or heliport available for public use.
    16. “Airport elevation” means the highest point, measured in feet above or below mean sea level, of the airport’s usable landing area.
    17. “Airport hazard” means any structure or tree, or use of land in the vicinity of the airport, which obstructs the runway safety areas, clear zones, approach surfaces as defined in FAR Part 77, or any other imaginary surface specified in FAR Part 77 if these obstructions have been determined by the FAA or the State Department of Transportation to constitute a hazard.
    18. “Alley” means any public thoroughfare, having a width of not less than twenty feet and not greater than forty feet, which affords only a secondary means of access to abutting property.
    19. “Animal hospital or veterinary hospital” means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short term boarding incidental to such hospital use.
    20. “Apartment” means any building, or portion thereof which is designed and built as the residence of three or more families living independently of each other and which contains kitchen facilities in each dwelling unit.
    21. “Approved access” means a private right-of-way that meets the following conditions:
      1. Does not exceed an average of fifteen percent grade for any five hundred consecutive feet;
      2. Does not contain any grade which would exceed twenty-two percent;
      3. Has a recorded or recordable sixty-foot right-of-way from a public road to the property under consideration except that in the case of an access that can serve no more than one parcel, has a recorded or recordable forty-foot right-of-way; and
      4. Has traversable access year round except in snow season.
    22. “Approving Authority” means that body which has the authority to act to approve a permit, application, action or other development request.
    23. “Aquifer” means a geologic formation that stores, transmits and yields significant quantities of water to wells and springs.
    24. “Appeal” means a request for a review of the flood plain administrator’s interpretation of any provision of this chapter.
    25. “Area of shallow flooding” means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
    26. “Area of special flood hazard” — see “Special flood hazard area.”
    27. “Automobile dismantling” means the taking apart, stripping or wrecking of motor vehicles or trailers for scrap or for used parts to be sold either at retail or wholesale or to be used as replacements in other motor vehicles or trailers whether or not intended for the same kind of vehicle or trailer from which the parts were removed.
    28. “Automobile repair” means a general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; it also means collision service, including body, frame or fender repair and over-all painting.
    29. “Automobile service station” means a lot or portion of a lot used for the servicing of motor vehicles. Such servicing may include sale of motor fuel and oils, lubrication, car washing (with no steam equipment), waxing and polishing, sale and service of tires, tubes, batteries and service of automobile accessories. Such servicing shall not include tire recapping, sale of major automobile accessories, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery, or installation of automobile glass.
    30. “Automobile wrecking yard” means a site or portion of a site on which the dismantling or wrecking of used vehicles, whether self propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two or more motor vehicles which have not been capable of operating under their own power for thirty days or more, or in the case of vehicles not self propelled, which have not been towable or from which parts have been removed for re-use or sale, shall constitute prima facie evidence of an automobile wrecking yard.
    31. “Automotive repairs, major” means repair or refurbishing of any motor vehicle including the dismantling of an engine by removal of the head or pistons; the removal of the transmission, rear end or major assembly of any motor vehicle. Painting, body and fender work are excluded.
    32. “Automotive repairs, minor” means limited repair of any motor vehicle including installation of tires or replacement of fluids or minor automotive parts including, but not limited to, spark plugs, belts, batteries, mufflers, tires and wheels. Major automotive repair, painting, body and fender work are excluded.
    1. “Base flood” or “100-year flood” means a flood which has a one-percent chance of being equaled or exceeded in any given year.
    2. “Basement” means any area of the building having its floor subgrade, i.e., below ground level, on all sides.
    3. “Bed and breakfast establishment” means a single-family dwelling containing no more than four guestrooms used, let or hired out for transient occupancy of one or more guests in which no meals other than breakfast are served.
    4. “Boardinghouse or roominghouse” means a building, other than a hotel, where regular meals for five or more persons are provided for compensation or profit. Nursing homes and rest homes are not included.
    5. “Building” means a structure or enclosure having a roof and which is constructed in a permanent position upon the ground, and which is designed and intended to be used to house, shelter or enclose persons, animals, goods or property. It does not include any type of vehicle, house trailer, boat or tent. Also see “Structure”.
    6. “Building coverage” means the total area of land covered by all buildings on a lot, including all projections other than eaves.
    7. “Building, enclosed” means a building, the occupants, animals or property within which cannot be seen by any person off the premises except by the customary use of doors, windows or balconies.
    8. “Building height” means the vertical distance measured from the average level of the highest and lowest points of that portion of the lot covered by the building to a point midway between the highest and lowest points on the roof; provided, that the chimneys, spires, towers, tanks and similar projections shall not be included in the height.
    9. “Building site” means a recorded lot or parcel of land occupied or to be occupied by a main building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by this title. A building site shall not include easements or roadways for ingress or egress to any parcels of land.
    1. “Campground” means land or premises which are used or intended to be used for occupancy by campers, whether camping by tent or vacation vehicle or whether for seasonal hunting, fishing, recreational or vacation purposes.
    2. “Carport” means a permanent roofed structure not less than ten feet by twenty feet open on two or more sides for the storage of automobiles.
    3. “Certificate of compliance” means a document identifying the real property involved and stating that the division thereof complies with applicable provisions of the California Subdivision Map Act and the Glenn County Code.
    4. “Church” means a nonprofit organization, as determined by the Internal Revenue Service, which uses buildings for the teaching or practice of religious doctrine and worship.
    5. “Clinic, dental or medical” means a building in which a group of physicians and/or dentists and allied professional assistants are associated for the purpose of carrying on their professions. The clinic may include a dental or medical laboratory but it shall not include:
      1. In-patient care or operating rooms for surgery;
      2. Offices for veterinarians.
    6. “Clothes cleaning establishment” means a commercial use wherein clothes cleaning is conducted, such as a laundry pickup establishment, launderette or a coin-operated dry cleaning service, and where nonvolatile materials are used in the process.
    7. “Club” means an association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render a service carried on as a business for profit.
    8. “Cluster development” means three or more detached buildings located on a parcel of land and having common open space areas.
    9. “Communications equipment building” means a building housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without personnel.
    10. “Competent aircraft operator” means a person holding a valid aircraft operator’s license from the Federal Aviation Administration or a person who, in the opinion of the airport manager, has the requisite skill and knowledge to perform limited ground operations.
    11. “Confined Animal Facilities” are cattle, calves, horses, sheep, goats, swine, rabbits, or large fowl, corralled, penned, or otherwise caused to remain in restricted areas for agricultural-commercial purposes where feeding is other than grazing for more than 45 days during the year. Range pastures for livestock beef cattle are exempt from the definition of confined animal facilities. School projects, 4-H, fairs and other individual educational projects are exempt from the definition of confined animal facilities.
    12. “Confined Animal Facility Expansion” shall include, but is not limited to, any increase in herd or flock size such that the facility would have to:
      1. Acquire more acreage for reuse of waste or wastewater to prevent impacts to surface water or groundwater quality; or
      2. Increase the capacity of the retention pond to maintain compliance with the conditions of the “Waiver of Water Discharge Requirements for Discharges from Confined Animal Facilities” for adequate flood protection and wastewater containment.
    13. “Contractor’s yard” means any land and/or buildings used primarily for the storage of equipment, vehicles, machinery, new or used, building materials, paints, pipe or electric components used solely by the owner or occupant of the premises in the conduct of any building trades.
    14. “Convalescent hospital” means the same as “rest home” and “nursing home”.
    15. “Costs” means administrative costs, including staff time expended and reasonably related to enforcement, for items including site inspections, summaries, reports, telephone contacts and correspondence. Travel time for inspections shall not be included.
    16. “County” means the County of Glenn.
    1. “Density Bonus”, as defined by the State of California Government Code Section 65915, et seq., is an increased density of at least twenty-five (25) percent over the maximum authorized density which is granted to a developer/property owner of a housing project agreeing to construct a prescribed percentage of lower-income units.
    2. “Department” means the Planning and Community Development Services Agency or the Public Works Agency of the County, whichever is the responsible Agency.
    3. “Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
    4. “Director” means the Director of the Planning and Community Development Services Agency or the Public Works Agency or any person within the Agencies authorized by the Director.
    5. “Dump” means a place used for the disposal, abandonment or discarding by burial, incineration or by any other means, of any garbage, sewage, trash, refuse, rubble or waste materials.
    6. “Dwelling” means a building or portion thereof designed for or occupied exclusively for residential purposes, including one-family, two-family and multiple dwellings, but not including hotels, motels, trailers, tents, converted transit vehicles, boardinghouses or lodginghouses, or any type of temporary structures.
    7. “Dwelling, group” means a group of two or more detached or semidetached single-family or two-family dwellings occupying a parcel of land in one ownership, and having any yard in common.
    8. “Dwelling, guest” means an accessory structure which consists of a detached living quarter of a permanent type of construction with no provisions for appliances or fixtures for the storage and/or preparation of food, such as refrigerators, dishwashers or cooking facilities, and which is not leased, subleased, rented or subrented separately from the main dwelling.
    9. “Dwelling, mobilehome” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobilehome does not include a recreational vehicle, commercial coach, or factory-built housing, as defined in the Health and Safety Code.
    10. “Dwelling, multiple” means a building containing two or more dwelling units on one lot to be occupied by two or more families living independently of each other.
    11. “Dwelling, second” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second unit includes the following:
      1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
      2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
    12. “Dwelling, single-family” means a building designed and used exclusively for residence purposes by one family on a single lot and no portion of which is to be rented separately.
    13. “Dwelling unit” means an independent, attached or detached residential building designed to house and provide living space, including kitchen and bathroom facilities, for an individual family.
    1. “Educational institutions” means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary and collegiate levels and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either:
      1. Offer general academic instruction equivalent to the standards prescribed by the state board of education; or
      2. Confer degrees as a college or university of undergraduate or graduate standings; or
      3. Conduct research; or
      4. Give religious instructions.
      5. This definition does not include commercial or trade schools.
    2. “Encroachment” means the advance or infringement of uses, plant growth, fills, excavations, buildings, permanent structures or development into a flood plain which may impede or alter the flow capacity of a flood plain.
    3. “Engineer” means a civil engineer competent to practice civil engineering and registered under the provisions of the Business and Professions Code of the State of California, retained by the applicant, owner, developer or contractor to provide civil engineering services.
    4. “Equivalent Financial Value” refers to the cost to the developer/property owner based on the land cost per dwelling unit. This is determined by the difference in the value of the land with and without the density bonus.
    5. "Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the flood plain management regulations adopted by a community.
    6. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
    7. “Exploration” means searching for minerals by geological, geophysical, geochemical or other techniques including, but not limited to sampling, assaying, drilling or any surface or underground works used to determine the type, extent or quantity of minerals present.
    8. “Extraction” means the removal from the earth of oil, gas or geothermal resources by drilling, pumping or other means, whether for exploration or production purposes.
    1. “Family” means one or more persons sharing a dwelling unit in a living arrangement indicative of a single household.
    2. “Farm labor” means residents of a farm such as the owner, lessee, foreman, or others whose principal employment is the operation of the farm.
    3. “Feed yard” means corrals or holding areas for the primary purpose of holding or feeding animals for slaughtering, shipping or resale and not incidental to a farm or ranch.
    4. “Fences, hedges and walls, height of” means the vertical distance from the ground level of public property closest to the property line on which the fence is to be built to the highest point on the fence. The height of a fence separating private property shall mean the vertical distance from the ground level of the property line to the highest point on the fence. Where a property line separates property having unequal ground levels, the lowest level shall be used to measure the vertical distance of the fence, wall or hedge.
    5. “Fire chief” means the fire chief, or his or her authorized representative, of the local government entity having responsibility for fire protection in the airport area.
    6. “Fixed base operator” means a person under contract to the county as a concessionaire at the airport.
    7. “Flood, flooding, or flood water” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation or runoff of surface waters from any source.
    8. “Flood Boundary and Floodway Map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
    9. “Flood Hazard Boundary Map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards applicable to Glenn County.
    10. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to Glenn County.
    11. “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
    12. “Flood plain or flood-prone area” means any land area susceptible to being inundated by water from any source - see “Flooding”.
    13. “Flood plain administrator” is the individual appointed to administer and enforce the flood plain management regulations.
    14. “Flood plain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the flood plain, including but not limited to emergency preparedness plans, flood control works, flood plain management regulations, and open space plans.
    15. “Flood plain management regulations” means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
    16. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
    17. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “Regulatory Floodway”.
    18. “Floodway fringe” is that area of the flood plain on either side of the “Regulatory Floodway” where encroachment may be permitted.
    19. “Floor area” means the total horizontal area of all the floors of a building including the surrounding walls, exclusive of basement storage space and areas within a building used for the parking of vehicles.
    20. “Fraud and victimization”, as related to Section 15.54.180, Variances, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Board of Supervisors will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
    21. “Frontage” means the lot width measured parallel to the property line, adjacent to the street right-of-way. On a corner lot the frontage shall be the lesser of the two frontages. On a lot with radial lines to a curved street, the frontage shall be measured as an arc length along the minimum setback line rather than on the property line of the lot.
    22. “Frontage, primary” means that portion of a parcel which is adjacent to the public right of way. For a comer lot, the frontage with the smallest dimension shall be considered as the primary frontage. There shall be only one primary frontage per parcel.
    23. “Frontage, secondary” means, on a corner lot, that portion of a parcel which is adjacent to a public right-of-way which is not the primary frontage.
    24. “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
    1. “Garage, private” means a detached accessory building or a portion of a main building on the same lot for the parking or temporary storage of vehicles of the occupants of the premises.
    2. “Garage, public” means any garage other than a private garage.
    3. “General plan” means the county general plan or any element thereof as set forth in the Planning and Zoning Law, Title 7 of the Government Code of the State of California.
    4. “Gross floor area” means the total floor area including public areas such as hallways, lobbies, washrooms, related storage areas and service rooms or areas, but excluding unfinished dead storage and mechanical areas.
    5. “Group care facility” means a facility, licensed by the state, to provide adult supervision and residence services to seven or more individuals who are not related to the resident owner or operator and may be physically or mentally handicapped or aged.
    1. “Habitually situated aircraft” means that an aircraft is based at the airport for a period of time in excess of one week.
    2. “Hauler” is the specified carrier of produced salt water.
    3. “Height” means, for the purpose of determining the height limits in all zones set forth in this chapter and shown on the airport zoning map, the mean sea level elevation of the airport unless otherwise specified.
    4. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
    5. “Historic structure” means any structure that is:
      1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
      2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
      3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
      4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
    6. “Home, occupation” means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of structure for dwelling purposes and which use does not change the character thereof or does not adversely affect the uses permitted in the same zone of which it is part.
    7. “Hospital” means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients.
    8. “Hotel or motel” means a building or group of buildings containing individual living units for the accommodation of transient occupants.
    1. “Idle mine” means to curtail for a period of one year of more surface mining operations by more than ninety percent of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.
    2. “Improvements” means streets, highways, monuments, or any other facilities required to be installed or constructed in accordance with this title and specifications of the county for acceptance or maintenance by the county or other public agencies.
    3. “Industry” means the production, processing or servicing of goods by hand or by machinery.
    4. “Injection well, Class II” is a well used for the disposal of produced salt water brought to the surface as a result of the production of oil or natural gas as defined by the California Department of Conservation, Division of Oil and Gas (CDOG).
    5. “Injection zone” means that portion of the receiving formation which has received, is receiving or is expected to receive, over the lifetime of the well, produced salt water from the Class II injection well.
    6. “Injectivity test” is used to test a formation’s capability to take fluids. The test is performed by operators to determine the feasibility of conducting permanent injection operations.
    7. “Inoperable motor vehicle” means any motor vehicle that is incapable of being transported by its own motive power.
    1. “Junkyard” means any premises with a total of more than one hundred fifty cubic feet of “junk” as herein defined as cast-off, damaged, discarded, junked, implements, obsolete salvage, scrapped, unusables, worn out or wrecked objects, things or material composed in whole or in part of carbon, plastic or other synthetic substance, fiber, glass, ferrous or nonferrous metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton cloth, canvas, organic matter or other waste which has been abandoned from its original use and may be used again in its present or in a new form, whether or not it has any substantial market value, or requiring reconditioning in order to be used for its original purpose also including automobiles, accumulation vehicles, other vehicles, or dismantled vehicles in whole or part.
    1. “Kennel” means any premises where five (5) or more dogs six (6) months of age or older which are kept, maintained, bred, boarded or cared for, for compensation, or are kept for the purposes of sale, hire, breeding, shelter, hunting, pets, exhibition or any other purpose. Dogs used in herding farm animals when incidental to an agricultural use, and when housed in an agricultural zoning district, are excluded from this definition.
    2. “Kennel, commercial hobby” means any hobby kennel use involving the sale of goods or services or a hobby kennel use conducted by individuals other than the inhabitants of the parcel where the dogs are kept.
    3. “Kennel, hobby” means an accessory use of a principal residential or agricultural use where four (4) or fewer dogs more than six (6) months of age or older are sheltered, bred or trained for the personal and non-commercial use of the inhabitants of the parcel where the dogs are kept.
    1. “Laboratory” means a building or part of a building devoted to the testing and analysis of any product or animal, including humans. No manufacturing shall be permitted except for experimental or testing purposes.
    2. “Laboratory, medical or dental” means a laboratory which provides bacteriological, biological, medical, x-ray, pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating shall be permitted except the custom fabrication of dentures.
    3. “Labor camp, permanent” means any housing or living accommodations, other than a temporary labor camp, maintained in connection with any work or place where work is being performed, provided for the housing of ten or more employees.
    4. “Land division classification” means one of the following, classified according to the zone in which the development is situated:
      1. Urban Developments. Those developments within any of the following zones: R-1, R-M, LC, CC, C, SC, HVC, M, MP, PDR and PDC.
      2. Estate Developments. Those developments within any of the following zones: RE.
      3. Rural Developments. Those developments within the AE zone.
      4. Agricultural Developments. Those developments within any of the following zones: AE, FA, FS, AP and TPZ.
      5. Wild Land and Primitive Developments. Those developments for recreational purposes consisting of parcels forty acres or larger where permanent occupancy (residence in excess of ninety days within a one year period) is allowed within any of the following zones: RZ, FA, and TPZ.
    5. “Landing Area” means the area of the airport used for the landing, takeoff or taxiing of aircraft.
    6. “Landscaping” means planting, including trees, shrubs, lawn areas, ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, ornamental post lamps, decorative rock or other paved surfaces are considered as elements of landscape development.
    7. “Lead agency” is the County; the County Planning Commission, herein called the Commission, is the Agency designated to administer this chapter; and the Planning and Community Development Services Agency or Public Works Agency is the processing and Advisory agency.
    8. “Lease” means an oral or written contract for the use, possession, and occupation of property.
    9. “Levee” means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
    10. “Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
    11. “Loading space” means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley or other permanent means of ingress and egress.
    12. “Lodge” means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render service carried on as a business.
    13. “Lot” means:
      1. A parcel of real property shown as a delineated parcel of land with a number or other designation on the final map of subdivision recorded in the office of the county recorder, or
      2. A parcel of land, the dimensions or boundaries of which are defined by a record of survey map recorded in the office of the county recorder in accordance with the law regulating the subdivision of land; or
      3. Real property not delineated as in subsection a or b above, and containing not less than the prescribed minimum area required in the zone in which it is located and which abuts at least one public street that the planning commission has designated adequate for access purposes, and is held under one ownership.
    14. "Lot Area" means the area within lot lines excluding any right-of way, easements for ingress or egress or the panhandle of a flag lot.
    15. “Lot, corner” means a lot located at the intersection or interception of two or more streets at an angle of not more than one hundred thirty-five degrees. If the angle is greater than one hundred thirty-five degrees, the lot shall be considered an “interior lot.”
    16. “Lot coverage” means the total area or percentage of a lot occupied by building and/or structures that diminishes the yard and/or open space areas.
    17. “Lot, cul-de-sac” means a lot fronting on, or with more than one-half of its lot frontage on, the turnaround end of a cul-de-sac street.
    18. “Lot depth” means the maximum distance between the front and the rear lot lines, or between the front lot line and the intersection of the two sidelines if there should be no rear lot line.
    19. “Lot, Flag or Panhandle” means a lot with a narrow portion between the main portion of the lot and a public street or appurtenant private ingress/egress easement that is often called a panhandle or flag pole. Said narrow portion is of such dimensions that it is limited primarily for the use of ingress/egress and utility service to the main portion of the lot. Such area contained within the “flag pole or panhandle” shall not be used to calculate lot area, length, wide or lot width ratio. The maximum length of such “flag pole or panhandle” shall not exceed the maximum allowable length of a cul-de-sac and such length shall be calculated from the interior end of the “flag pole or panhandle” to the nearest connecting intersect of a through public access or street.
    20. “Lot, interior” means a lot other than a corner or reversed corner lot with only one frontage on a street.
    21. “Lot, key” means the first lot to the rear or a reversed corner lot and whether or not separated by an alley.
    22. “Lot lines” means the property lines bounding the lot.
    23. “Lot line, front” means:
      1. In the case of an interior lot, a line separating the lot from the street;
      2. In the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.
    24. “Lot line, rear” means the line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:
      1. For a triangular, gore shaped, or irregular shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; or
      2. In the case of a trapezoidal or quadrilateral lot the lot line of which is not parallel to the front lot line, the rear lot line shall be deemed to be the line which is opposite and most distant from the front lot line, providing the line is a minimum length, the rear line shall be a line ten feet in length drawn parallel to but farthest removed from the front lot line; or
      3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines such angle shall be employed for determining the rear lot line in the same manner as prescribed for triangular lots.
    25. “Lot line, side” means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
    26. “Lot of record” means a lot that is designated upon a map showing the lot, block and tract as indicated on a final map, as such map is filed in the county recorder’s office, or as a lot shown on a recorded parcel map.
    27. “Lot, reversed corner” means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.
    28. “Lot, through” means a lot having frontage on two dedicated parallel or approximately parallel streets.
    29. “Lot width” means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. In the case of triangular lots, or lots that are bounded by more than four straight lines, or that have curvilinear side lines, the director shall determine the lot width.
    30. “Lower- and Very Low-income Households” re-defined by income limits published by the State Department of Housing and Community Development. This applies to both for-rent and for-sale housing.
    31. “Lowest floor” means the lowest floor of the lowest enclosed area, including a basement.
      1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
      2. The anchoring standards in Section 15.54.100.A.
      3. The construction materials and methods standards in Section 15.54.100.B.
      4. The wet floodproofing standard in Section 15.54.100.C.3.
      5. The standards for utilities in Section 15.54.120.
      6. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below-grade garages and storage areas.
    1. “Maintain aircraft” means any form of service, maintenance or repair of aircraft.
    2. “Major electrical transmission and distribution project” means a project that includes a network of transmission lines, related towers, and similar facilities with a capacity to convey 200 kilovolts (kV) or greater. It shall also include any project that proposes the designation of a transmission corridor zone to accommodate such facilities.
    3. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “Manufactured home” does not include a recreational vehicle.
    4. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
    5. “Map Act” means the current Subdivision Map Act of the State of California, as amended from time to time.
    6. “Cannabis” shall have the same meaning as that set forth in Health and Safety Code section 11018, “cannabis products,” as defined in Health and Safety Code section 11018.1. Except where the context otherwise requires, the following definitions shall govern Chapter 797, of this Title:
      1. “Collective" means qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients who associate in any manner within the unincorporated area of the County in order to collectively or cooperatively cultivate, store, and/or dispense marijuana for medical purposes, as provided in Health and Safety Code Section 11362.775. The term collective shall include "cooperative," whether formed in accordance with the Corporations Code or otherwise unless the context clearly indicates otherwise.
      2. “Cultivation” means the planting, growing, harvesting, drying, processing, or storage of one or more cannabis plants or any part thereof in any location, indoor or outdoor, including from within a fully enclosed and secure building.
      3. “Delivery” has both the meaning set forth in Business and Professions Code section 19300.5, subdivision (m), and the meaning set forth in Business and Professions Code section 26001, subdivision (h).
      4. “Dispensary” or “Medical Cannabis Dispensary” or “Retailer” means any facility or location, whether fixed or mobile, and any delivery service, where cannabis for medical or non-medical purposes is made available to and/or distributed, with or without consideration, to any person or persons, including without limitation a primary caregiver, a qualified patient, or patient with an identification card, as those terms are defined in California Health and Safety Code section 11362.5 et seq. “Cannabis Dispensary” includes medicinal cannabis “cooperative” and collectives” (i.e., facilities or undertakings where an person(s) provides cannabis to any one or more other persons, or where persons meet or congregate to distribute or provide cannabis for medicinal or other purposes).
      5. “Residence” has the same meaning as “private residence” set forth in Health and Safety Code Section 11362.2(b)(5).
      6. "Sheriff" or "Sheriff's Department" means the Sheriff's Office of the County of Glenn or the authorized representatives thereof.
    7. “Market value” means the value of the structure as determined by one of the two methods stated below:
      1. The Actual-Cash-Value of the structure as determined by the Building Official and the Tax Assessor, or
      2. By an appraisal made by a certified appraiser within 90 days of the date of application for improvements and/or repairs to the structure. Said appraisal shall be based on the existing value of the structure along and shall be for the structure prior to the proposed improvements and/or repairs being made.
    8. “Mean sea level”, for purposes of the National Flood Insurance Program, means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
    9. “Mined lands” includes the surface water, subsurface water, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which the structure facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.
    10. “Mining waste” includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from or displaced by surface mining operations.
    11. “Minor land division” means any division of land into parcels, each of which has an area of one hundred sixty acres (or one quarter section) or more, and each with approved access.
    12. “Minor modification” means an amendment to a reclamation plan involving insignificant changes that do not require further review under CEQA.
    13. “Mobilehome accessory building or structure” means any awning, portable, demountable or permanent cabana, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the mobilehome.
    14. “Mobilehome park” means an area or tract of land where three or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation. The rental paid for any such mobilehome shall be deemed to include rental for the lot it occupies.
    15. “Mobilehome site” means any portion of a trailer park or mobilehome park designed for the use or occupancy of one trailer coach or mobilehome.
    16. “Museum” means a nonprofit, noncommercial establishment operated as a repository or a collection of objects of nature, scientific or literary curiosities or objects of interest or works of art.
    17. "Motorsport" means auto racing (also known as automobile racing or autosport) as a sport involving racing automobiles and motorcycle racing.
    1. “Net floor area” means the total floor area excluding public areas such as hallways, stairs, lobbies and storage or service area.
    2. “New construction”, for flood plain management purposes, means structures for which the “start of construction” commenced on or after the effective date of flood plain management regulations adopted by Glenn County, and includes any subsequent improvements to such structures.
    3. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of flood plain management regulations adopted by the county.
    4. “Nonconforming building” means a building or portion thereof lawfully existing at the time the ordinance codified in this title became effective and which was designed, erected or structurally altered for a use which does not conform to the use zone in which it is located, or which does not comply with all the height and area regulations of the zone in which it is located.
    5. “Nonconforming lot” means a parcel of land having less area, frontage or dimensions than required in the zone in which it is located.
    6. “Nonconforming use” means a use which was lawfully established and maintained at the time the ordinance codified in this title became effective, but which does not conform to subsequently established zoning or zoning regulations.
    7. “Nursery” means a facility for propagation and sale of horticultural or ornamental plant materials and related products:
      1. “Retail nursery” means a nursery offering products to the general public, including plant materials, planter boxes, fertilizer, garden tools, and related items.
      2. “Wholesale nursery” means a nursery that sells to other businesses plant materials raised on the same site.
      3. “Accessory nursery” means a nursery that is developed as a subordinate use to a principal or main building.
      4. “Greenhouse” means a nursery facility (may be used with any of the above nurseries) for indoor propagation of plants, constructed with transparent panels, including lath houses.
    8. “Nursery school” means the supervisory care and education development of pre-elementary school-age children for profit or nonprofit and licensed by the state of California.
    9. “Nursing home” means a structure operated as a lodginghouse in which nursing, dietary and other personal services are rendered to convalescents, invalids or aged persons (other than persons suffering from contagious or mental diseases, alcoholism or drug addiction) and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.
    1. “Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
    2. “Office” means a building, room or department wherein a business or service is transacted, but does not include a building wherein the storage or sale of merchandise is a primary function.
    3. “One-hundred-year flood” or “100-year flood” - see “Base flood.”
    4. “Open space” means those areas suitable for common recreational use or which provide visual relief to developed areas. Open space does not include areas devoted to parking, private use or any other area which does not significantly lend itself to the overall benefit of either the particular development or surrounding environment. Open space may include areas in private lot ownership, if such areas are not fenced. The boundaries of open space areas shall be treated as property lines in determining required rear and side yard setbacks.
    5. “Operate aircraft” means the self-propelled, pushed or towed movement of aircraft on the ground or the movement of aircraft in flight.
    6. “Operator, mine” means any person engaged in surface mining operations, himself or herself, or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation. “Operator” also means any person who permits others to conduct surface mining operations on his or her property and who receives a financial benefit therefrom. “Operator” includes any person defined as an operator under “state policy.”
    7. “Owner” means the person or persons, firm, corporation or partnership that is the owner of record of a premises identified on the last equalized assessment roll or any person having possession and control of the subject property.
    8. “Overburden” means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations.
    1. “Parcel of land” means the same as “lot”.
    2. “Parking area, off street” means an area, building or space, exclusive of street or alley rights-of-way, used for the parking of automobiles.
    3. “Parking area, private” means an open area, located on the same lot as a dwelling or apartment, for the parking of automobiles of the occupants of such buildings.
    4. “Parking area, public” means an off-street parking area publicly or privately owned available for public use whether free, for compensation or as an accommodation for clients or customers.
    5. “Parking space” means space in the open, within a structure on private property or in a public parking area designed for the parking of one automobile.
    6. “Permit” means any formal authorization or entitlement from the county, the absence of which would preclude establishment of a land use, activity, construction project, grading or surface mining operation.
    7. “Person” means any individual, firm, association, corporation, organization, or partnership, or any city, district, or other local public agency.
    8. “Pet shop” means a facility for the conduct of a business for buying and selling (or bartering) birds, fowl or animals other than livestock.
    9. “Place of public assembly” means a location, auditorium, hall or similar facility, publicly or privately owned, developed for the principal purpose of accommodating groups of persons for meetings, exhibitions, shows and other public interest events.
    10. “Planning authority” means the Planning and Community Development Services Agency or its successors.
    11. “Planning Director” means the Planning and Community Development Services Agency Director or his or her designees.
    12. “Primary surface” means a ground surface longitudinally centered on the runway.
    13. “Premises” means a lot and all buildings or structures thereon.
    14. “Preschool” means the same as “nursery school”.
    15. “Private road” means a right-of-way for vehicular traffic, however designated, which is not designed or intended to be accepted by the county, and for which any offer of dedication or other offer for acceptance by the county shall be rejected until such time as specified conditions for future acceptance have been fully complied with.
    16. “Professional offices” means buildings, structures or establishments used as offices for attorneys, registered engineers or architects, licensed surveyors, accountants or realtors, but not for barbers, beauticians, cosmetologists or other service establishments.
    17. “Property line” means the same as “lot line”.
    18. “Public safety and nuisance”, as related to Section 15.54.190, Variance Appeals, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
    19. “Public water system” means and includes the water supply of either of the following:
      1. A public water district organized under the laws of this state; or
      2. A water company regulated by the California Public Utilities Commission.
    20. “Public use” means a use operated exclusively by a public body to serve the public health, safety or general welfare, including such uses as parks, playgrounds and administrative and service facilities.
    21. “Public utility structures” means electrical distribution and transmission lines, poles, towers, and sub-stations that convey less than 200 kilovolts (kV), gas regulator and metering stations, communication equipment buildings and public service pumping stations. Water well and pump sites approved in connection with the approval of a tentative subdivision map are not public utility structures. See also “Major Electrical Transmission and Distribution Project”.
    1. “Qualified person” means a county employee or a person contracted by the county to perform the duties set forth in this chapter who has at least five years of full time experience in hydrogeology and who is a registered geologist registered pursuant to Section 7850 of the Business and Professions Code or a registered petroleum engineer registered pursuant to Section 6762 of the Business and Professions Code.
    2. “Quarry, sand pit or gravel pit” means a lot or land or part thereof used for the purpose of excavating sand, gravel, limestone, marble or other such nonmetallic materials, but shall not include oil wells or shaft mine operations. The term does not include the process of grading a lot preparatory to the construction of a building for which application for building permit has been made.
    1. “Record of survey map” means a map to delineate land boundaries or property lines prepared in accordance with provisions of the Land Surveyors’ Act.
    2. “Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding the mined lands, and may require back-filling, grading, sloping, resoiling, revegetation, soil compaction, stabilization, or other measures.
    3. "Recreation vehicle” means a travel trailer, pickup camper or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy. “Recreational vehicle” also means a vehicle which is:
      1. Built on a single chassis;
      2. 400 square feet or less when measured at the largest horizontal projection;
      3. Designed to be self-propelled or permanently towable by a light-duty truck; and
      4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
    4. “Recreational vehicle park” means an area designed to accommodate recreational vehicles such as travel trailers, pickup campers, and motorized homes, but not tent or tent trailers.
    5. “Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
    6. “Remedy a violation” means to bring the structure or other development into compliance with State or local flood plain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing State or federal financial exposure with regard to the structure or other development.
    7. “Rent” means money or other consideration given for the right of use, possession and occupation of property.
    8. “Residence” means a building used, designed or intended to be used as a home or dwelling place for one family.
    9. “Residential density” means the total number of dwelling units on one acre of land in a given area.
    10. “Rest homes” means the same as “nursing home”.
    11. “Restaurant” is a comprehensive term meaning an eating house providing service to the general public as said term “restaurant” is more fully defined in the California Health and Safety Code. Some types of establishments are included within the term “restaurants” are cafes, cafeterias, coffee houses, coffee shops, dinner houses, drive-in or drive-through restaurants, fast food service establishments, and sandwich shops.
      1. “Cafeteria” is a place where food primarily is pre-prepared (not cooked to order) and served to the customer by direct visible selection, for consumption principally (but not necessarily exclusively) upon the premises.
      2. “Coffee shop” is a place where food generally cooked to order is served to the customer seated at a table or counter for consumption principally (but not necessarily exclusively) upon the premises, the establishment being open for all three meals of the day, and sometimes on a twenty-four-hour basis.
      3. “Dinner house” is a place where meals are generally cooked to order and served to the customer seated at tables or counters for consumption on the premises, and the establishment is open for service of the dinner meal only, although it may also be open for service of the midday meal.
      4. “Drive-in or drive-through restaurant” is a place where food and drink are served for consumption either on or off the premises by order from and/or service to vehicular passengers outside the structure, including service from an outdoor window.
      5. “Fast food service establishment” is a place where food not displayed for selection as in a cafeteria; and which food may or may not be cooked to order or be prepared, is served to the customer at a window or over a counter for consumption elsewhere on the premises or away from the premises as the customer prefers.
    12. “Retail store” means a business of selling goods, wares or merchandise directly to the ultimate consumer.
    13. “Review authority” means the officer, committee, commissioner, board or employee responsible for the approval or disapproval of any permit or entitlement or responsible for the administration, interpretation or enforcement of the provisions of this chapter.
    14. “Right-Of-Way” means an easement for purposes of roads, canals, pipelines and/or passage of utilities over fee title land. A right-of-way or easement does not include fee title land.
    15. “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
    16. “Road” means a right-of-way for vehicular traffic, whether designated as a street, highway, thoroughfare, road, avenue, boulevard, lane, place, court, circle, drive or right-of-way which has been dedicated for public use and acceptance by the county, or has been laid out and constructed as county road by the county or has been made a public road pursuant to law. It includes public roads constructed by federal and state agencies but not private roads or private alleys.
    1. “Sanitarium” means a health station or retreat or other place where patients are housed and where medical or surgical treatment is given. This does not include mental institutions or places for the treatment of narcotic addicts.
    2. “School, trade” means private schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, beauticians and barber colleges, electronics schools, automotive and aircraft technicians schools, and similar commercial establishments operated for a profit.
    3. “Scrap” means used metal and include appliances and machine parts, which can be recycled or reused only with repair, refurnishing, or attachment to other such materials.
    4. “Seasonal Farmworker Housing” means any housing accommodation or structure of a temporary or permanent nature used as housing for farmworkers for not more than 180 days in any calendar year and approved for such use pursuant to Title 25 of the California Code of Regulations and which meets the requirements of Chapter 15.80 Seasonal Farmworker Housing Standards. Seasonal Farmworker Housing shall also conform to such public health, building, and fire safety criteria as may be established by resolution or ordinance of the Board of Supervisors.
    5. “Seats or seating capacity” refers to the actual seating capacity or an area based upon the number of seats or one seat per eighteen inches of bench or pew length.
    6. “Septic system” means any combination of septic tanks and leaching systems or areas.
    7. “Setback area” means the area near the property line on which no building, structure or portion thereof shall be permitted, erected, constructed or placed unless specifically permitted by this title.
    8. “Sheet flow area” - see “Area of shallow flooding”.
    9. “Shopping center” means a group of contiguous retail stores, service facilities and related uses utilizing common facilities such as parking, landscaping, signing and loading areas. This group does not have to be in a single ownership.
    10. “Sign” means any structure, wall, natural object or other device used for visual communication which is visible from any public or private street or means of access and is used to advertise or direct attention to an activity, product, place, person, organization, business or enterprise. For the purpose of this title, the word sign does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any official notice issued by any court or public body or officer or directional warning or information sign or structures required or authorized by law.
    11. “Sign, animated” means any sign which is designed and constructed to give its message through a sequence of progressive changes of parts or lights or degree of lighting.
    12. “Sign, appurtenant” means any sign which directs attention to an occupancy, business, commodity, service or entertainment conducted, sold or offered only from the premises where the sign is maintained.
    13. “Sign area” means the surface area of a sign enclosing the extreme limits of writing, representation, emblem or any figure or similar character but does not include the necessary supports or uprights on which such sign is placed.
    14. “Sign, attached” means any sign which is supported primarily by a building which is supported wholly by the ground. Any roof sign, as defined in this title, shall be considered an attached sign.
    15. “Sign, detached” means any sign which is not an attached sign as defined in this title and which is supported primarily by one or more columns, uprights or braces placed in or upon the ground.
    16. “Sign, development” means a sign listing the architect, engineer, contractor or other person or firm participating in the development, or construction or financing of the project on the premises on which the sign is located.
    17. “Sign, directly illuminated” means a sign designed to give forth artificial light directly or through transparent or translucent material from a source of light visible from the street, or from abutting property, including but not limited to exposed tubing neon signs.
    18. “Sign, directional” means a poster, card, painting or other advertisement used for commercial or business purposes displaying symbols, emblems or written words used or designed to guide or direct pedestrian or vehicular traffic to a designated destination.
    19. “Sign, double face” means a sign displaying information on both surfaces.
    20. “Sign face” means the visible portions of a sign which includes all characters and symbols, but excluding structural elements not an integral part of the display.
    21. “Sign, flashing” means any sign which may be illuminated and which exhibits blinking, flashing or fluttering lights or other illuminating devices which have a changing light or color intensity or which are constructed to create an appearance or illusion of writing, excluding time and temperature signs.
    22. "Sign, freestanding” means a sign not attached to any buildings and having its own support structure.
    23. “Sign, height of” means the vertical distance from the uppermost point used in measuring the area of a sign to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street or alley, whichever measurement permits the greater elevation of the sign.
    24. “Sign, identification” means a sign, other than a bulletin board, which serves to tell only the name, address and lawful uses of the premises upon which the sign is located and shall include name plates.
    25. “Sign, indirectly illuminated” means a sign whose illumination is reflected from its source by the sign-display surface to the viewer’s eye, the source of light not being visible from the street or from abutting property.
    26. “Sign, marquee” means a sign placed on the face of a permanent roofed structure, projecting over the building entrance, which is an integral part of the building (usually a theater or hotel).
    27. “Sign, monument” means a self-supported sign with its base on the ground, not exceeding six feet in height.
    28. “Sign, name” means a sign serving to designate only the name or the name and professional occupation or home occupation of a person or persons residing in or occupying space in a building located on the premises on which the sign is located.
    29. “Sign, nonconforming” means any sign which was legal prior to the adoption of the ordinance codified in this title but does not conform to the standards of this title.
    30. “Sign, off-premises” means a sign directing attention to a business, service, product or entertainment not sold or offered on the premises on which the sign is located.
    31. “Sign, painted” means a sign which is painted directly upon a surface of a building.
    32. “Sign, political” means a sign intended to influence the voting for or against a candidate or issue.
    33. “Sign, portable” means a sign which, by its design, is readily movable and is equipped with wheels, casters or rollers or which sits on the surface of the ground rather than being attached.
    34. “Sign, professional” means a sign indicating the name or names and occupations of a professional person or group of associated professional persons occupying the premises.
    35. “Sign, projection” means any sign other than a wall sign which is suspended from or supported by a building or wall and which projects more than twelve inches therefrom.
    36. “Sign, real estate” means a sign advertising the sale, rental or lease of the premises on which the sign is maintained, including a subdivision sign.
    37. “Sign, revolving” means a sign which rotates at ten or less revolutions per minute.
    38. “Sign, roof” means any sign of any nature, together with all its parts and supports, exclusive of a sign tower, which is erected, constructed or maintained on or above the roof or parapet of any building; all roof signs shall be considered attached signs.
    39. “Sign, single face” means a sign displaying information on one surface only.
    40. “Sign, temporary” means a sign intended to be displayed for a limited time only (i.e., not more than thirty days).
    41. “Sign, wall” means a sign erected against a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall.
    42. “Sign, window” means a sign displayed within a building or attached to a window but visible through a window or similar opening for the primary purpose of exterior visibility.
    43. “Site” means the surface land area or location of the Class II injection well.
    44. “Site plan” means a plan, prepared to scale, showing accurately and with complete dimensions, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.
    45. “Special flood hazard area (SFHA)” means an area having special flood hazards and shown on an FHBM or FIRM as Zone A, AO, Al-A30, AE, A99, and AH.
    46. “Specified sexual activities” includes the following:
      1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship;
      2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
      3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;
      4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
      5. Masochism, erotic or sexual oriented torture, beating or the infliction of pain;
      6. Erotic or lewd touching, fondling or other contact with an animal by a human being;
      7. Human excretion, urination, menstruation, vaginal or anal irrigation.
    47. “Specified anatomical areas” includes the following:
      1. Less than completely and opaquely covered:
      2. Mature human genitals,
      3. Mature human buttocks,
      4. Mature human female breast below a point immediately above the top of the areola; and
      5. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
    48. “Spinner surveys” are electro-mechanical surveys used to determine points of fluid exist and the amount of fluids exiting those points.
    49. “Stable, commercial” means a stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.
    50. “Stable, private” means a detached accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale.
    51. “Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; installation of streets or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms; or installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
    52. “Store, department” means a store divided into separate departments carrying a great variety of goods, including major appliances and furniture.
    53. “Story” means that portion of a building included between the surface of any floor and the surface of floor next above it, or if there be no floor above it then the space between such floor and the ceiling next above it.
    54. “Street” means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, or approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare, except as excluded in this ordinance. The word street includes all major and secondary highways, traffic collector streets and local streets.
    55. “Street, side” means that street bounding a corner or reversed corner lot and which extends in the same general direction as the line determining the depth of the lot.
    56. “Street line” means the boundary line between street right-of-way and abutting property.
    57. “Street centerline” means the centerline of a street right-of-way as established by official surveys.
    58. “Structural alteration” means any changes in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joists, roof, rafters, roof diaphragms, foundations, piles, retaining walls or similar components.
    59. “Structure” means any artifact constructed or erected, the use of which requires attachment to the ground, including any building, gas or liquid storage, manufactured home, towers, poles, masts, antennas, smokestacks, earth formations, overhead wires or transmission lines, and guy wires, but not including fences or walls six feet or less in height.
    60. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
    61. “Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:
      1. Any project for improvement of a structure to correct existing violations, or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or
      2. Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.
    62. “Surface mining operations” means all or any part of the process in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:
      1. In-place distillation or retorting or leaching;
      2. The production and disposal of mining waste; and
      3. Prospecting and exploratory activities.
    63. “Surveyor” means a land surveyor or civil engineer competent to practice land surveying under the provisions of the Business and Professions Code of the State of California, retained by the applicant, owner, developer or contractor to provide land surveying services.
    1. “Travel trailer” means a vehicle, other than a motor vehicle which is designed or used for human habitation, and for travel upon a public highway without a special permit or chauffeur’s license or both, without violating any provision of the vehicle code.
    2. “Tree” means any object of natural growth or planted.
    1. “Use” means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
    1. “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
    2. “Vesting tentative map” shall mean a “tentative map” for a subdivision where a final map is required. The vesting tentative map shall have printed conspicuously on its face the words “vesting tentative map” at the time it is filed in accordance with this chapter.
    3. “Violation” means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
    1. “Wall” means a solid vertical barrier attached to or part of a building. It also includes a solid fence.
    2. “Warehouse” means a building or buildings used for the storage of goods of any type, when such building or buildings contain more than five hundred square feet of storage space and where no retail operation is conducted.
    3. “Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
    4. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
    5. Wholesaling” means the selling of any type of goods for purposes of resale.
  1. (Blank)
    1. “Yard” means any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections permitted by this title.
    2. “Yard, front” means a yard extending across the front of a lot between the inner side yard lines and measured from the front line of the lot to the nearest lines of the building; provided, that if any building line or official plan line has been established for the street upon which the lot faces, then such measurement shall be taken from such building line or official plan line to the nearest line of the building.
    3. “Yard, rear” means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the building.
    4. “Yard, side” means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.
    1. “Zone” means a portion of the territory of the county, exclusive of streets, alleys, and other public ways, within which certain uses of land, premises and buildings are permitted and within which certain property development standards are required as set forth and specified in this title.
      (Ord. 1288 §4, 2020; Ord. 1269 § 4, 5, 6, & 10, 2018; Ord. 1263 § 3, 2017; Ord. 1233 § 2, 2012; Ord. 1227 § 2, 2011; 1221 § 2, 2010; 1200 § 3, 2008; 1189 § 2, 2006; 1183 § 2, 2006)

15.03.010 Zone District Boundary Interpretation

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

  1. Where such boundaries are indicated as approximately following street and alley lines, such lines shall be construed to follow the center of the street or alley or along the lot line if the lot line is not also a street boundary;
  2. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley;
  3. For property described by a district boundary, the locations of such boundaries, unless indicated by dimensions, shall be determined by use of the scale appearing on the map;
  4. In all other cases where any uncertainty exists, the planning commission shall determine the location of boundaries. (Ord. 1183 § 2, 2006)

15.03.020 Zone District Land Use Interpretation

Where a proposed land use is not specifically listed by the applicable zone district within which the property proposed for the use is located, the director may determine that the use is a permitted use, or the use is permitted if a use permit is first secured, if the following findings are made:

  1. The proposed unlisted use is similar in character and impact to a listed use; and
  2. The proposed use will be treated in the same manner as the listed use including determining where it is allowed, what permits are required, and what standards affect its establishment.
  3. The decision of the director may be appealed to the planning commission in accordance with Section 15.05.010. (Ord. 1183 § 2, 2006)

15.03.030 Combining Uses

More than one permitted use may be permitted on one lot in any zone district, provided there is no conflict between the uses, and further provided that the applicable zone requirements and county development standards are met. Each use must meet the lot area requirements without using the lot area requirements of another use. For lots for which a use permit has been approved, the only uses allowed are those specifically described by the use permit. (Ord. 1183 § 2, 2006)

15.03.040 General Plan Consistency Interpretation

Where any regulations specified in this title and any portion of any element of the general plan appear to be in conflict, the planning director may make a determination as to the intent of the general plan as it relates to that particular section of this title. (Ord. 1200 § 3, 2008; Ord. 1183 § 2, 2006)

15.04.010 Purpose

This chapter provides procedures for public hearings required by the Unified Development Code of Glenn County. In the event a public hearing is required, advance notice of the hearing shall be given and the hearing conducted in compliance with this chapter and applicable State Law. (Ord. 1268 § 2, 2018; Ord. 1183 § 2, 2006)

15.04.020 Notice Of Hearing

When State Law or this Title require a noticed public hearing before a decision on a permit may be rendered by the appropriate authority, or for any other matter which may require a public hearing, notice shall be provided as required by this section and state law.

  1. Notice of the hearing shall be given pursuant to California Government Code Section 65090. If the proposed project affects the permitted uses of real property, notice shall also be given pursuant to Government Code Section 65091.
  2. In addition to the notification required under subsection A., notification to real property owners required by Government Code Section 65091 shall be extended to 1,000 feet from the exterior boundary of the subject property and shall notify at least twenty unique property owners. When less than twenty unique property owners are found within 1,000 feet of the subject exterior boundary, the notification distance shall be extended in 100 foot increments of the exterior boundary, until at least twenty unique property owners are notified. The cost for notification shall be borne by the applicant of the proposed project. (Ord. 1268 § 2, 2018; Ord. 1183 § 2, 2006)
HISTORY
Amended by Ord. 1326 on 3/12/2024

15.04.030 Hearing Procedures

After an applicant has provided all information required to render a decision on a proposed project as determined by the director, a public hearing, if required, shall be scheduled before the appropriate hearing body at the next regularly scheduled meeting date provided that all notification periods required by state law have been met.

  1. A hearing shall be held at the date, time and place for which notice was given unless the required quorum of hearing body members is not present.
  2. Any hearing may be continued from time to time without further notice; provided that the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. (Ord. 1268 § 2, 2018; Ord. 1183 § 2, 2006)

15.04.040 Planning Commission

Following a public hearing held by the planning commission on any matter on which it will make a recommendation, the director shall submit a written report including a summary of the hearing, findings and recommendations to the board of supervisors within thirty (30) calendar days after completion of said hearing. (Ord 1268 § 2, 2018; Ord. 1183 § 2, 2006)

15.04.050 Board Of Supervisors

  1. Upon receipt of the recommendations of the planning commission, the board of supervisors shall hold a public hearing after giving notice in the manner specified in Government Code sections 65090 & 65091; provided, however, that if the planning commission has recommended against the approval of such request, the board of supervisors shall not be required to take any further action unless an appeal is filed with the clerk of the board of supervisors within five calendar days after the decision of the planning commission.
  2. Within sixty calendar days from the date of receipt of the planning commission’s report, the board of supervisors may approve, modify or disapprove the proposed request. Any modification shall be referred back to the planning commission for a report.
  3. Upon receipt of the recommendation of the planning commission, the board of supervisors shall hold a public hearing after giving notice in the manner specified in Government Code sections 65090 & 65091. The board of supervisors may approve, modify or disapprove the recommendations of the planning commission; provided, that any modification of the amendment not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendations, but the planning commission shall not be required to hold a public hearing thereon. Planning commission shall review the modification and shall report its recommendations back to the board of supervisors not more than forty calendar days after the referral by the board. (Ord. 1268 § 2, 2018; Ord. 1183 § 2, 2006)

15.04.060 Time Limitation

Any judicial proceeding or action to attack, review, set aside, void or annul any decision of matters listed in this title which are subject to judicial review (other than those listed in Government Code Section 65009 and 65860, and Public Resources Code Section 21167) or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision or to determine the reasonableness, legality or validity of any conditions attached thereto, or concerning the general plan or any specific plan, or any amendment to, interpretation of, deletion from, addition to, or application of the general plan or specific plan, or to compel action as to any of these matters, or to seek relief from inaction on any of these matters, shall not be maintained by any person unless such action or proceeding is commenced and service of summons effected within 90 days after the date of such decision, act or determination, or, in the case of inaction, within 90 days after the date on which the act sought to be compelled should have been performed. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decisions or of such proceedings, acts or determinations. (Ord. 1183 § 2, 2006) (Ord. 1268 § 2, 2018; Ord. 1183 § 2, 2006)

15.05.010 Action By Director

  1. For proposes of this chapter, aggrieved person or persons shall mean the following:
    1. Any person affected by a decision of the director or planning commission.
    2. Anyone who, in person or through a representative explicitly identified as such, appeared at a public hearing in connection with the decision being appealed, or who otherwise informed the county in writing of the nature of his/her concerns before the hearing.
  2. Any aggrieved person or persons adversely affected by any decision of the director may, within ten (10) calendar days after the action of the director, file a notice of appeal in writing to the planning commission. Said notice of appeal shall be accompanied by a filing fee and shall include the following information:
    1. The name, address, and telephone number of the person requesting the appeal;
    2. The decision being appealed, any applicable project number, or some other means of identification and the date of the decision. The appellant shall be specific as to whether he is appealing the entire decision, a specific term or condition, or an environmental document (e.g., approval of a negative declaration, issuance of an exemption, adequacy of an environmental impact report);
    3. If a specific term or condition is appealed, it shall be set forth with clarity. The specific error claimed to have been made and the basis upon which the appellant claims there was an error shall also be stated;
    4. A detailed statement of the factual and/or legal grounds upon which the appeal is being taken.
    5. Appellant’s interest in the action. The appellant shall state whether he/she is the applicant or an aggrieved party;
    6. The specific relief sought.
  3. Upon the filing of an appeal, the planning commission shall review the matter within thirty (30) calendar days from the date of filing the appeal.
  4. The planning commission shall consider the record and such additional relevant evidence as may be offered. It shall be the responsibility of the appellant to provide the planning commission with the relevant portions of the record. The planning commission may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under the law and facts.
  5. The decision of the planning commission as a result of the review shall be made by motion recorded in minutes and shall forthwith transmit a copy of the minute order to the appellant and the applicant. (Ord. 1268 § 3, 2018; Ord. 1183 § 2, 2006)

15.05.020 Action By The Planning Commission

  1. Within the limitations set forth in this subdivision, any aggrieved person or entity adversely affected by a formal action of the planning commission, may appeal such action by filing a written notice thereof with the Clerk of the Board of Supervisors within ten (10) calendar days after the action of the planning commission; provided that the issue being appealed was raised during the planning commission hearing.
  2. The notice of appeal shall be accompanied by an appeal fee and shall include the information required by Section 15.05.010 A.
  3. Applicants that appeal shall be limited to raising issues that were placed before the planning commission. Other persons or entities that appeal shall be limited to raising issues that such person or entity specifically raised, either orally or in writing, at the planning commission hearing.
  4. It shall be the burden of the appellant to show by convincing evidence that the decision or conclusion of the planning commission is contrary to law, or that such decision is not supported by substantial evidence.
  5. Within thirty (30) calendar days from the date of filing the appeal, the clerk of the board shall schedule the date for the hearing. The hearing shall be held within thirty (30) calendar days from the date of filing the appeal. Notice of hearing shall be given as required by Chapter 15.04. The board of supervisors may continue such hearing for one additional meeting, to be held within fifteen (15) days, any further continuances shall be with the consent of the appellant.
  6. The board of supervisors shall consider the record of the planning commission and such additional relevant evidence as may be offered. It shall be the responsibility of the appellant to provide the board of supervisors with the relevant portions of the record. The board of supervisors may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation, or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under the laws and facts.
  7. The decision of the board as a result of the hearing shall be made by a motion recorded in the minutes and the board shall forthwith transmit a copy of the minute order thereof to the appellant and the applicant. (Ord. 1268 § 3, 2018; Ord. 1183 § 2, 2006)

15.05.030 Automatic Appeals

  1. Automatic Appeals. If a ballot of the members of the planning commission results in a tie vote, or if the planning commission is unable to take action because of legal disqualification or abstentions, the matter shall be deemed to be automatically denied at the first hearing at which the application is considered and is unable to be acted upon; and be appealed to the board of supervisors for public hearing. Automatic appeals pursuant to this section shall not be subject to filing fees as provided for in Section 15.05.020 of this chapter.
  2. Continuations. Notwithstanding subsection A of this section, if a ballot of the members of the planning commission results in a tie vote, or if a majority vote is not reached and no action results, the planning commission may decide to continue the matter for further consideration. (Ord. 1183 § 2, 2006)

15.05.040 Appeal Of Application Completeness

Appeals from a determination by the director that an application is incomplete pursuant to Section 15.09.050 shall be permitted only to the planning commission whose decision shall be final. (Ord. 1183 § 2, 2006)

15.06.010 Nonconforming Uses

  1. Use of Land. Any lawful use of land existing at the time of the adoption of this title or any zoning ordinance or amendment thereto may be continued, although such use does not conform to the regulation specified in such enactment title for the zone in which such land is located. A conditional use permit shall first be obtained for any enlargement or expansion.
  2. Use of Building. Any lawful use of a building existing at the time of the adoption of any zoning ordinance, may be continued, although such use does not conform to the regulations specified for the zone in which such building is located. Except residential uses, a conditional use permit shall first be obtained for any enlargement or expansion of such non-conforming use by 21% or more. An administrative permit shall first be obtained for any enlargement or expansion of non-conforming uses of 20% or less in size or area. However, except as otherwise provided by law, nothing in this Title shall prevent the restoring to a safe condition of any part of a building or structure declared unsafe by proper authority.
  3. Reconstruction of Nonconforming Building. A nonconforming building or structure damaged or destroyed by fire, explosion, earthquake or other act, may be restored only if made to conform to all regulations, other than use restrictions, specified by this title; provided, that such building may be restored to a total floor area not exceeding that of the former building.
  4. Abandonment. If the actual operation of a nonconforming use ceases for a continuous period of six months, the nonconforming use shall be considered abandoned unless the legal owner can establish valid proof to the contrary; then, without further action by the planning commission, the use of such land or building shall be subject to all the regulations specified by this title. (Ord. 1183 § 2, 2006)

15.06.020 Nonconforming Uses And Property

  1. Except as otherwise provided in this title, a lot having an area, frontage, width or depth less than the minimum prescribed for the zone in which the lot is located, as depicted on a subdivision map duly approved and recorded prior to the adoption of this title, may be used for any use permitted in the zone, but shall be subject to all other standards for the zone in which the lot is located.
  2. Lot Line Adjustments for nonconforming parcels
    Any lot having an area, frontage, width or depth less than the minimum prescribed for the zone in which the lot is located, as depicted on a subdivision map duly approved and recorded prior to the adoption of this title, may be adjusted with another lot provided that the number of nonconforming lots is not increased. A reduction in size of a nonconforming parcel shall be allowed provided that said reduction meets the following:
    1. The nonconforming lot area is not decreased by more than twenty percent (20%) in size.
    2. The lot line adjustment will allow conformance with setback requirements for the zoning district.
    3. The applicant is able to provide documentation showing that all lots involved were legally created. (Ord. 1268 § 4, 2018; Ord. 1183 § 2, 2006)

15.07.010 Security Agreement And Bond

If any improvements required by this title have not been completed prior to approval of the final map, the applicant shall, prior to acceptance of the map by the county, enter into an agreement with the county agreeing to have the improvements completed within the time specified in the agreement. The agreement shall contain a clause guaranteeing the workmanship and materials provided in all improvements for a twelve-month period after acceptance of the improvements by the board of supervisors. The agreement may provide for an extension of time under specified conditions. The agreement may also provide for the termination thereof upon a reversion to acreage or revocation of all or part of the subdivision. (Ord. 1183 § 2, 2006)

15.07.020 Bond For Completion Of The Improvements

To assure that the improvements required by this title are satisfactorily completed, adequate improvement security shall be furnished by the applicant for the cost of constructing the improvements according to the plans and specifications in a sum or amount equal to the estimate approved by the director. Partial release of the improvement security may be made in accordance with the provisions of the Subdivision Map Act. (Ord. 1183 § 2, 2006)

15.07.030 Bond And Release

The improvement security shall be released by the director upon acceptance of the work or upon revocation or reversion to acreage of the subdivision and abandonment of all roads and easements, except that security in the amount specified by the director to guarantee workmanship and materials shall remain in full force and effect for one year after acceptance of the improvements. (Ord. 1183 § 2, 2006)

15.07.040 Development Agreements

  1. Purpose and authority
    1. The lack of certainty in the approval of larger or phased development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public, due to potential changes in development regulations, rules and planning ordinances.
    2. The provisions of this Chapter will provide assurance to applicants for development projects that upon approval of a project, the applicant may proceed with the project in accordance with the policies, rules and regulations, and subject to conditions of approval in effect at the time of approval. Development agreements entered into pursuant to this Article will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.
    3. Development agreements may also include provisions whereby applicants are reimbursed over time for financing public facilities and improvements installed in excess of those needed to serve the applicant’s development project.
    4. These regulations are adopted for the purposes authorized and under the authority of the California Government Code Sections 65864-65869.5.
  2. Applications
    1. The director shall prescribe the form for each application, notice and document provided for or required by these regulations for the preparation and implementation of development agreements.
    2. The director may require an applicant to submit such pertinent information and supporting data as he considers necessary to process the application.
    3. The application shall be accompanied by a fee(s) in an amount to be set by the Board of Supervisors.
    4. The applicant shall present to the director, the written consent to the development agreement of all parties having any record title interest in the real property which is the subject of the development agreement.
  3. Qualification as an applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The director may require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant.
  4. Form of agreement. Applications shall be accompanied by a proposed development agreement prepared by the applicant. This requirement may be met by submittal of a development agreement consistent with the standard form of development agreements prepared by the planning authority that may include a specific proposal for changes in or additions to the language of the standard form.
  5. Review of application. The director shall review the application and may reject it if it is incomplete for processing. If he find that the application is complete, he shall accept it for filing. The Director shall review the application and determine the additional requirements necessary to complete the agreement. After receiving the required information, he shall prepare a staff report and recommendation and shall state whether or not the agreement proposed or in an amended form would be consistent with the general plan and any applicable specific or community plan.
  6. Public hearings and notice
    1. Public hearings shall be held on any application for a Development Agreement and subject to the same proceedings as provided for rezoning applications.
    2. Notice of the hearing shall be given as provided for rezoning applications.
    3. When a Development Agreement is for a project requiring a General Plan Amendment, Specific or community plan amendment, rezoning, Conditional Use Permit or any subdivision approval, consideration of the development agreement shall be concurrent with or subsequent to consideration of any of the entitlement identified above.
  7. Recommendation by the Planning Commission
    1. After the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the Board of Supervisors. The recommendation shall include the Planning Commission’s determination whether or not the development agreement proposed:
      1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan or community plan;
      2. Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is located;
      3. Is in conformity with public convenience, general welfare and good land use practice;
      4. Will be detrimental to the public health, safety and general welfare;
      5. Will adversely affect the orderly development of property or the preservation of property values.
    2. The recommendation of the Planning Commission shall include the reasons for the recommendation.
  8. Decision by the Board of Supervisors
    1. After the Board of Supervisors completes its public hearing, it may accept, modify or disapprove the recommendation of the Planning Commission.
    2. The Board of Supervisors shall not be required to enter into any such development agreement and it may not do so unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific or community plan.
    3. If the Board of Supervisors approves the development agreement, it shall do so by the adoption of an ordinance.
    4. After the ordinance approving the development agreement takes effect, the County may enter into the agreement.
  9. Amendment or cancellation. Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into an agreement. However, where the Board of Supervisors initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least thirty (30) days notice to the applicant of its intention to initiate such proceedings in advance of the public hearing by the Planning Commission.
  10. Recordation of development agreement
    1. The applicant shall present the written consent to the development agreement of all parties having any record title interest in the real property which is the subject of the development agreement prior to recordation of the agreement.
    2. Within ten (10) days after the Board of Supervisors enters into the development agreement, the County Clerk shall have the agreement recorded with the County Recorder. The Agreement shall describe the land subject thereto.
    3. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the Board of Supervisors terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement the County Clerk shall have notice of such action recorded with the County Recorder.
  11. Periodic review
    1. Time for and initiation of review:
      1. The Planning Commission shall review the development agreement every twelve (12) months from the date the agreement is entered into.
      2. The time for review may be modified by affirmative vote of at least three (3) members of the Planning Commission.
    2. Notice of periodic review: The director shall begin the review proceeding by giving notice that the County intends to undertake a periodic review of the development agreement to the property owner or successor in interest. He shall give the notice at least thirty (30) days in advance of the time at which the matter will be considered by the Planning Commission.
    3. Public hearing by Planning Commission: The Planning Commission shall conduct a public hearing at which time the property owner or successor in interest must demonstrate good faith compliance with the terms of the agreement.
    4. Findings upon public hearing: The Planning Commission shall determine upon the basis of substantial evidence whether or not the applicant has, for the period under review, complied in good faith with the terms and conditions of the agreement.
    5. Procedure upon findings: If the Planning Commission determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.
    6. If the Planning Commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission may initiate proceedings to modify or terminate the agreement.
    7. The property owner may appeal a Planning Commission decision to the Board of Supervisors pursuant to the appeal procedure in the Section 15.05.020 of this Code.
  12. Modification or termination
    1. If upon a finding, the Planning Commission determines to proceed with modification or termination of the agreement, the director shall transmit to the Board of Supervisors all pertinent materials concerning the periodic review and a staff report setting forth the reasons for the decision by the Planning Commission.
    2. Upon receipt of the Staff Report pursuant to paragraph A. above, the Board of Supervisors shall hold a public hearing on the matter scheduled and noticed as required in the appeal procedure set forth in Chapter 15.05 of this code.
    3. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The Board of Supervisors may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The Board of Supervisors may impose those conditions to the action it takes as it considers necessary to protect the interests of the County. The decision of the Board of Supervisors is final.
      (Ord. 1269 § 4, 5, 6, & 10, 2018; Ord. 1183 § 2, 2006)

15.08.010 General Prohibitions

  1. No person shall use any real property in violation of the regulations of this title applicable to the property. The erection, construction, alteration, enlargement, conversion, movement, maintenance, establishment or operation of any building, structure, facility, premises or use contrary to the provisions of this title is unlawful and a violation of this code.
  2. Except as otherwise provided by law:
    1. No building, structure or facility shall be erected or placed, and no existing structure shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses listed in this title as permitted in the district in which such land, building or premises is located.
    2. No building, structure or facility shall be erected, reconstructed or structurally altered to exceed the height limit designated in this title for the district in which such building, structure or facility is located.
    3. No building, structure or facility shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any required open space be encroached upon or reduced in any except in conformity to the yard, building site and building location regulations specified in this title for the district in which such building, structure or facility or open space is located.
    4. No yard or other open space provided around any building, structure or facility for the purpose of complying with the provisions of this code shall be considered as providing a yard or open space for any other building, structure or facility and no yard or other open space on one building site shall be considered as providing a year or open space for a building, structure or facility on any other building site.
      (Ord. 1183 § 2, 2006)

15.08.020 Permit Authority Limitation

  1. All county officers, departments and employees vested with the duty or authority to issue permits, licenses or other entitlement shall do so subject to the requirements of this title. No permit, license or other entitlement shall be issued or approved for any purpose or in any manner which conflicts with the provisions of this title. Any permit, license or other entitlement issued or approved in conflict with any provision of this title is null and void as of the date of issuance or approval.
  2. No county officer, department or employee vested with the duty or authority to issue or approve permits, licenses or other entitlement shall do so when there is an outstanding zoning violation for which a citation has been issued pursuant to this title involving the premises to which the pending application pertains. The authority to deny shall apply whether the applicant was the occupant or owner of record at the time of such violation or whether the applicant is either the current occupant or owner of record or a purchaser of the property pursuant to a contract of sale, with or without actual or constructive knowledge of the violation at the time he or she acquired his or her interest in such real property.
  3. Upon notification of a refusal to issue order prepared by an enforcement officer that such a violation exists, all departments, commissions and employees shall refuse to issue permits, licenses or entitlements involving the premises except those necessary to abate such violation. The refusal to issue order shall be rescinded when the department, commission or employee has been notified by the enforcing officer that all required work to abate the violation has been completed and has been approved by the affected department.
  4. The director of the affected department may waive the provisions of this section if the director determines that health or safety hazards will result from the refusal to issue order.
    (Ord. 1183 § 2, 2006)

15.08.030 Enforcement

  1. It shall be the duty of the director to enforce the provisions of this title. All departments, officials and public employees of the county vested with the duty or authority to issue permits shall conform to the provisions of this title and shall not willfully issue any permit or license for use, construction or purpose in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void.
  2. It shall be the duty of the director to enforce Articles No. 1 and No. 2 of Chapter 7 of the State Subdivision Map Act, except Section 66499.32 (a) and (b). (Ord. 1183 § 2, 2006)

15.08.040 Recovery Of Costs

  1. Purpose and intent. This chapter establishes procedures for the recovery of administrative costs, including staff time expended on the enforcement of the provisions of this title. The intent of this chapter is to recoup administrative costs reasonably related to enforcement.
  2. Records. The department shall maintain records of all administrative costs, incurred by responsible county employees, associated with the processing of violations and enforcement of this title and shall recover such costs from the property owner as provided in this chapter. Staff time shall be calculated at an hourly rate as established and revised from time to time by the board of supervisors.
  3. Notice. Upon investigation and a determination that a violation of any of the provisions of this title is found to exist, the director, or any person within the department authorized by the director, shall notify the record owner, or any person having possession or control of the subject property, by mail of the existence of the violation, the department’s intent to charge the property owner for all administrative costs associated with enforcement, and of the owner’s right to a hearing on the objections thereto. The notice shall be in substantially the following form: NOTICE
    The Glenn County planning authority has determined that conditions exist at the property at which violate Section of the County Code, to wit: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________
    (description of violation)

    Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of this violation, at an hourly rate as established and adjusted from time to time by the Board of Supervisors. The hourly rate presently in effect is per hour of staff time.

    You will have the right to object to these charges by filing a Request for Hearing with the Planning Commission within ten (10) days of service of the summary of charges, pursuant to Section 15.08.040.
  4. Summary of costs
    1. At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property by certified mail. Said summary shall include a notice in substantially the following form: NOTICE
      If you object to these charges you must file a Request for Hearing on the enclosed form within ten (10) days of the date of this notice.
      IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE COUNTY FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN THE NAME OF THE COUNTY,IN ANY COURT OF COMPETENT JURISDICTION WITHIN THE COUNTY.
      Dated:______________________________
      ___________________________ Director
    2. In the event that (a) no request for hearing is timely filed or, (b) after a hearing the planning commission affirms the validity of the costs, the property owner or person in control and possession shall be liable to the county in the amount stated in the summary or any lesser amount as determined by the planning commission. These costs shall be recoverable in a civil action in the name of the county, in any court of competent jurisdiction within the county.
    3. Any property owner, or other person having possession and control thereof, who receives a summary of costs under this section shall have the right to a hearing before the planning commission on his or her objections to the proposed costs in accordance with the procedures set forth in this section.
    4. A request for hearing shall be filed with the planning commission within ten days of the service by mail of the department’s summary of costs, on a form provided by the department.
    5. Within thirty days of the filing of the request, and on ten-days written notice to the owner, the planning commission shall hold a hearing on the owner’s objections, and determine the validity thereof.
    6. In determining the validity of the costs, the planning commission shall consider whether the total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, the following: Whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists.
    7. The planning commission’s decision shall be appealable to the board of supervisors pursuant to Section 15.05.020 of this title. (Ord. 1269 § 10, 2018; Ord. 1183 § 2, 2006)