The purpose of the national recreation area, Whiskeytown unit (NRA-WI and NRA-WII) districts is to establish development standards in the Whiskeytown National Recreation Area which will (A) be compatible with public recreation and enjoyment, the conservation of natural resources and scientific, historic and other values; and (B) provide immunity from acquisition by the Federal Government of all "improved property" as defined by Title 36, Code of Federal Regulations, Chapter I, Section 30.1.

(Prior code § 5.02.090 (A))

Except as otherwise provided in this chapter, no additional or increased commercial or industrial uses are permitted within the NRA-WI AND NRA-WII districts. Any existing nonconforming commercial or industrial uses shall be discontinued within ten years from the effective date of the ordinance codified in this chapter; provided, however, that such ten-year period may be extended by the county for an additional period of time sufficient to allow the owner a reasonable opportunity to amortize investments made in the property.

(Prior code § 5.02.090 (B))

A.

Generally. The NRA-WI district is created solely for use within the Whiskeytown unit of the Whiskeytown-Shasta-Trinity National Recreation Area and is intended for application to those lands which are contiguous to Whiskeytown Lake and are concerned primarily with water recreation and related activities.

B.

Uses. The following uses are permitted with a use permit:

1.

One-family residence and one noncommercial guest house for each one-family residence. Each residence or guest house is subject to the following regulations:

a.

Minimum building site area, three acres; but a lesser acreage may be utilized for this purpose if, on or before February 7, 1963, the site was in separate ownership or within a recorded subdivision,

b.

Maximum height, thirty-five feet,

c.

Minimum frontage, one hundred fifty feet,

d.

Minimum front yard, seventy-five feet,

e.

Minimum side yard, fifty feet,

f.

Maximum rear yard, twenty-five feet,

g.

Maximum percentage of lot coverage permitted, ten percent,

h.

Neutral colors, non-glare roofing materials, and architecture and layout that harmonizes with forested settings shall be used;

2.

Moving, alteration or improvement of existing residences or accessory structures; provided, there is compliance with requirements prescribed for residential uses under subparagraph 1 of this subsection; provided further, that such moving, alteration or improvement does not alter the residential character of the premises;

3.

Tree farming under a timber management plan that conforms to the California Forest Practices Act;

4.

Riding stables;

5.

Campgrounds, organization camps and picnic areas;

6.

Limited agricultural uses, such as truck gardening, provided these uses do not require extensive cutting or clearing of wooded areas and are not otherwise destructive of natural or recreational values;

7.

Clearing and removal of trees, shrubbery and other vegetation to the extent necessary in order to permit the exercise of a use otherwise allowed within this district;

8.

Religious and educational uses;

9.

Removal of gravel, sand and rock, or other alteration of the landscape, to the minimum extent necessary for the construction of an access road to the property on which a use is permitted. In all other circumstances, such removal or alteration shall be permitted only to the minimum extent necessary to make possible the exercise of a use otherwise permitted in this district;

10.

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

11.

Accessory uses and temporary removable structures appurtenant to any permitted use.

12.

Supportive housing;

13.

Transitional housing;

14.

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

15.

Small family day care home or Large family day care home;

C.

Prohibited Uses. Any use not included above as a permitted use shall be deemed a prohibited use, and if property is put to a prohibited use, the authority of the Secretary of the Interior to acquire "improved property" may be reinstated.

(Ord. 2002-2 § 2, 2002; Prior code § 5.02.090 (C))

(Ord. No. 2018-01, § 9, 7-17-2018)

A.

Generally. The NRA-WII district is created solely for use within the Whiskeytown unit of the Whiskeytown-Shasta-Trinity National Recreation Area and is intended for application to those lands not contiguous to Whiskeytown Lake in areas less accessible to public recreation.

B.

Uses.

1.

All the uses permitted in the NRA-WI district, subject to all the limitations, conditions and requirements prescribed for such uses, are allowed in the NRA-WII district.

2.

The following uses are permitted if a use permit is issued in each instance:

a.

All the uses requiring a use permit in the NRA-WI district;

b.

Agricultural pursuits such as crop farming, grazing, animal husbandry, nurseries and greenhouses;

c.

Stands for retail sale of products produced on the premises;

d.

Measures to promote conservation of soil, water and vegetation, including reforestation and tree stand improvement, and measures to reduce fire hazards;

e.

Public or privately operated parks and playgrounds;

f.

Trailer campgrounds;

g.

Golf courses;

h.

Heliports, provided they are located and screened so their operations will cause a minimum of interface with public recreational use and enjoyment of the area;

i.

Accessory structures, facilities and utilities as necessary to make possible the exercise of any use otherwise permitted.

C.

Site Development Standards. Structures developed for the exercise of the additional uses listed in subparagraphs b through i of subsection (B)(2) of this section shall not exceed two stories in height (thirty-five feet), shall have a minimum principal use area of five acres and shall have a front yard setback of not less than one hundred feet from the nearest right-of-way line of a road or street. However, a lesser area than five acres may be utilized for such purposes if the property in question was in separate ownership on February 7, 1963.

D.

Prohibited Uses. Any use not included in subsection B as a permitted use shall be deemed a prohibited use, and if property is put to a prohibited use the authority of the Secretary of the Interior to acquire "improved property" may be reinstated.

(Prior code § 5.02.090 (D))

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 the property within an NRA-WI or NRA-WII district 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 the Interior to acquire "improved property" may be reinstated as to such property.

B.

The planning commission or private owners of "improved property" may consult the Secretary of the Interior as to whether the grant of any proposed variance of exception would terminate the suspension of his authority to acquire the affected property without consent of the owner, and may request the approval of a variance or exception by the Secretary of the Interior; 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 the commission whether or not the intended use will subject the property to acquisition by condemnation. If more than thirty days is 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.

C.

The county director of resource management shall furnish the Secretary of the Interior notice of any variance granted under, or any exception made to, the application of this title for NRA-WI and NRA-WII districts, and he shall provide a copy to said Secretary of each use permit granted for these districts.

(Prior code § 5.02.090(E))