The purpose of the National Recreation Area, Shasta unit (NRA-S) district is to establish development standards in the Shasta Lake National Recreation Area (NRA) which will (A) be compatible with public recreation and enjoyment, the conservation of natural resources, and scientific, historic and other values; (B) provide immunity from acquisition by the Department of Agriculture of all "improved property" as defined by Title 36, Code of Federal Regulations, Chapter II, Section 251.40; and (C) allow property owners within the NRA to take advantage of the certification procedures established by Sections 251.40 and 256.41 of the above code, whereby immunity from acquisition by the Department of Agriculture may be secured if existing improvements of proposed future developments comply with the intent and provisions of this section.

(Prior code § 5.02.080 (A))

A.

Combining with Other Districts. This district may be combined with other districts provided for in this title. Where, as a result of such combination, a conflict in restrictions exists, it is intended that the more stringent restrictions shall control; except, when this district is combined with a C-1 district, a hotel, motel or resort may be permitted by use permit in the combined district.

B.

Location. This district is created solely for use within the Shasta unit of the Whiskeytown-Shasta-Trinity National Recreation Area.

(Prior code § 5.02.080 (B), (C))

A.

Industrial or Commercial Uses.

1.

Industrial or commercial uses which have an adverse impact on surrounding or nearby outdoor recreation, scenic and aesthetic values are prohibited in the NRA-S district. Such uses include, but are not limited to, cement production, gravel extraction operations involving more than one-fourth acre of surface, smelters, sand, gravel and aggregate processing plants, fabricating plants, pulp mills and commercial livestock feeder yards; provided, however, that development of mining claims and mineral interest shall be allowed within areas zoned for industrial use (M zones) or mining use (MR zone) if a use permit is issued, subject to all the conditions specified in Chapters 17.18 and 17.12, and subject to such further conditions as shall lessen the adverse effects of the mining operations on the recreational and aesthetic values of the area.

2.

Any existing commercial or industrial use not in conformance with this chapter shall be discontinued within ten years from the date the ordinance codified in this chapter is adopted by the board of supervisors; provided, however, that with the approval of the Secretary of Agriculture, such ten-year period may be extended by the board of supervisors for a prescribed period sufficient to allow the owner reasonable additional time to amortize investments made in the property before November 8, 1965.

B.

Protection of Roadsides. New structural improvements, mobile homes or visible utility lines within a strip of land extending back not less than one hundred fifty feet from both sides of the centerline of any public road or roadway, except roads within a subdivision or in areas zoned for commercial or residential use, are prohibited. In addition to buildings and other structures, this prohibition pertains to above-ground power and telephone lines, borrow pits, gravel or earth extraction areas and quarries. Trees and shrubs within the above described strip shall be retained to the fullest extent that is compatible with needs for public safety and road maintenance. Wholesale clearing for fire control and other purposes is prohibited.

C.

Protection of Shorelines. Structures within three hundred feet horizontal distance from the highwater line of Shasta Lake are prohibited, except for the following:

1.

Structures the purpose of which is to service and accommodate boating or to facilitate picnicking and swimming;

2.

Structures and mobile homes in an approved subdivision;

3.

A structure or mobile home the location of which has been approved by the Secretary of Agriculture upon a satisfactory showing by the applicant that the structure will not conflict with scenic and antipollution considerations.

D.

Signs as allowed by and subject to the provisions of Sections 17.84.060 through 17.84.069.

(Ord. 2002-2 § 1, 2002; prior code § 5.02.080 (D))

The following requirements apply to residential development in the NRA-S district:

A.

The following is permitted:

1.

A one-family residence;.

2.

Supportive housing;

3.

Transitional housing;

4.

One Accessory dwelling unit when the lot has a primary dwelling unit (see Section 17.88.132);

5.

Small family day care home;

6.

Residential care facility serving six or fewer residents.

B.

The minimum building site is one-half acre, except that lots of less than one-half acre, which were divided for residential purposes on or before September 16, 1967 and were in separate ownership or were delineated in a county-approved plan that constitutes part of a duly recorded subdivision, may be used for residential purposes.

C.

Residential Development Standards. The following residential development standards apply:

1.

The maximum building height limit is as follows:

a.

Main buildings, thirty-five feet;

b.

Accessory buildings, twenty feet.

2.

Exterior Colors. The use of neutral exterior colors is required.

3.

Roofing Materials. The use of non-glare roofing materials is required.

4.

Buffers. Development will be buffered by distance, topography or forest cover from existing or planned public use areas, such as trailer parks, campgrounds or organizational sites. Separation will be sufficient to avoid conflicts resulting from intervisibility, noise and proximity that is conducive to private property trespass.

5.

Yards. Yard requirements are as follows:

a.

Front, twenty feet;

b.

Side, five feet on one side and twelve feet on the other side, except for lots created prior to June 7, 1978, it is five feet on either side;

c.

Rear, ten feet.

D.

In other than an approved subdivision, the clearing required for structures or mobile homes and the access thereto shall be reviewed by the District Ranger, Shasta Lake district, Shasta-Trinity National Forest. In any case where the District Ranger does not approve of the amount and location of clearing intended and he communicates this fact to the county planning department, a use permit shall be required. In granting the use permit, consideration shall be given to the proposed location on the parcel of the structure or mobile home and the access road thereto which preserves the natural forest setting of the parcel to the greatest extent.

(Prior code § 5.02.080 (E))

(Ord. No. 2018-01, § 8, 7-17-2018)

The following requirements apply to commercial development in the NRA-S district:

A.

A use permit must be secured in each case.

B.

Commercial development shall be limited to that providing a public service, including food, lodging, automotive or marine maintenance facilities and services and other comparable business enterprises.

C.

Commercial enterprises shall be situated in combined C-1 zones unless they are operated as part of a resort or hotel.

D.

Maximum building height is thirty-five feet.

E.

In granting a use permit, considerations will be given to the use of neutral colors, nonglare roofing materials and architecture and layout that harmonizes with forested settings.

(Prior code § 5.02.080 (F))

Variances from the provisions of this chapter may be granted in accordance with Section 17.92.010; subject, however, to the following conditions and restrictions:

A.

If property is made the subject of a variance which results in such property not conforming to any applicable standards contained in the provisions of this chapter, the authority of the Secretary of Agriculture to acquire "improved property" or property for which a certificate of immunity was granted may be reinstated as to such property.

B.

The planning commission or owners of property may consult the Secretary of Agriculture as to whether the granting of any proposed variance or exception would terminate the suspension of his authority to acquire the affected property without the consent of the owner, and may request the approval of a variance or exception by the Secretary of Agriculture; provided, the Secretary is notified in writing at least thirty days in advance of the hearing on the application for the variance or exception. The Secretary, within thirty days after the receipt of a request for approval of a variance or exception, shall advise the owner or planning commission whether or not the intended use will subject the property to acquisition by condemnation. If more than thirty days are required by the Secretary for such determination, he shall so notify the planning commission or private owner, stating the additional time required and the reasons therefor.

(Prior code §