Where any regulations specified in this title and any portion of any element of the general plan are inconsistent, the general plan shall prevail.

(Prior code § 5.06.010)

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

A.

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;

B.

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;

C.

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;

D.

In all other cases where any uncertainty exists, the planning commission shall determine the location of boundaries.

(Prior code § 5.06.020)

A.

Determination of similar use. Any land owner may submit an application for a determination of similar use on his/her property, along with all applicable fees. 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 of resource management may determine that the proposed use may be permitted 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.

The Director shall reply, in writing, within 30-days of receiving the request, or at such other time as agreed to by the parties.

B. Zoning plan interpretation. Any member of the public may submit a written request for interpretation of the zoning plan. The request shall be submitted to the Director in the form of a letter, or on a form prescribed by the Director, and shall include reference to the sections of the zoning plan that are the subject of the request, along with an explanation of the circumstances leading to the request, and any other relevant information the applicant would like to be considered, along with all applicable fees. The Director shall reply, in writing, within 30-days of receiving the request, or at such other time as agreed to by the parties.

C.

Land use verification. Any land owner may submit a written request for verification of the status of an existing land use, or the land uses that would be permitted on his/her property, or any similar verification. The request shall be submitted to the Director in the form of a letter, or on a form prescribed by the Director, and shall include a description of the particular land use of concern, the circumstances related to the land use, such as any permit or other entitlement approved for the subject land use or the property, and any other relevant information the applicant would like to be considered, along with all applicable fees. The Director shall reply, in writing, within 30-days of receiving the request, or at such other time as agreed to by the parties.

D.

Appeal. Any Determination, interpretation, or verification made in writing by the director of resource management may be appealed to the planning commission in accordance with subsection C of Section 17.94.060.

(Prior code § 5.06.030)

(Ord. No. 2010-03, § V, 8-3-2010; Ord. No. 2018-01, § 30, 7-17-2018)

A.

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 any applicable permits, including permits for a change of occupancy, are secured and all zone requirements and county development standards are met.

B.

On lots for which a use permit has been approved, additional uses permitted outright in the particular zone district may be allowed outright provided the criteria in subsection (A) are met. Additional uses requiring a zoning permit, administrative permit or use permit may be added through minor modification or amendment to the existing use permit in accordance with Section 17.92.025.

(Prior code § 5.06.040)

(Ord. No. 2018-01, § 31, 7-17-2018)

Pursuant to California Public Resources Code Section 25985, the county declares itself exempt from the provisions of Chapter 12 (commencing with Section 25980) to Division 15 of the Public Resources Code (Solar Shade Control Act) relating to solar energy and shade control.

(Prior code § 5.06.060)

A.

General Prohibitions. No person shall use any real property in violation of the regulations of this division or of Ordinance No. 378, as amended, that are applicable to the property. The erection, construction, alteration, enlargement, conversion, movement, maintenance, establishment or operation of any building, structure, premises or use contrary to the provisions of this title is unlawful and a violation of this code.

B.

Administrative Limitations. 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 in conflict with any provision of this title is null and void as of the date of issuance or approval.

C.

Enforcement Authority.

1.

The Director (or designee) is the enforcing officer for the provisions of this title. The Shasta County Sheriff (or designee) may also serve concurrently as an enforcing officer for the provisions of this title with the approval of the Shasta County Sheriff and the Director. Nothing in this provision shall be construed to limit the authority provided to the Shasta County Sheriff by state or federal law.

2.

Any administrative decision of the Director regarding the interpretation of the provisions of this title or any condition of approval imposed pursuant to this division shall be made in writing whenever requested by any person, in writing, interested in the interpretation. The written interpretation shall be delivered personally or by mail to that person.

3.

The director's decision may be appealed to the planning commission within ten days of the date of hand delivery or mailing of the decision by filing a written appeal with the planning department. The appeal shall specifically set forth the grounds upon which it is based. The commission shall hear the appeal and the appellant shall be given a reasonable opportunity to be heard and to present evidence at the hearing. The commission shall render its decision in writing to the Director and shall concurrently mail a copy of its decision to the appellant. A public hearing is not required for any appeal heard under this subsection. Pendency of an appeal under this subsection shall not affect the filing of any legal action or pursuit of any other remedy to enforce the provisions of this title or any condition imposed pursuant to this title.

D.

Violations as an Infraction or Misdemeanor.

1.

A violation of any regulatory or prohibitory provision of this title is an infraction, unless any provision of law establishes the violation as a misdemeanor, or the District Attorney files a complaint charging the violation as a misdemeanor.

2.

A separate offense is committed for each and every transaction, event or occurrence in violation of any regulatory or prohibitory provision of this division. A separate offense is committed for each and every day or part of a day during which any such violation is caused, committed, continued or permitted. Each offense is punishable separately from every other offense. Every violation of any regulatory or prohibitory provision of this title is expressly declared to be a public nuisance.

E.

Enforcement Procedure.

1.

Every enforcing officer may use administrative processes, such as notices of noncompliance, warning letters, stop orders or cease and desist orders, in lieu of or prior to enforcing any provision of this code, if the officer determines that the process may result in compliance with this code at less expense to the county.

2.

Pursuant to Penal Code Section 19d and the provisions of Section 836.5 and Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, every enforcing officer may cite any person for violation of this code whenever the officer has reasonable cause to believe that the person has caused, committed, continued or permitted any violation of this code.

F.

Right of Entry. In the performance of their functions, planning agency personnel may enter upon any land and make examinations and surveys, provided that the entries, examinations and surveys do not interfere with the lawful use of the land by those persons lawfully entitled to the possession thereof.

G.

Enforcement Costs. Whenever a judicial action or proceeding is brought to abate or enjoin any violation of this title, the county may recover in that action or proceeding all costs and expenses incurred in detecting, investigating, abating and prosecuting the violation.

(Prior code § 5.06.070)

(Ord. No. 2011-05, § II, 12-13-2011; Ord. No. 2018-01, § 31, 7-17-2018)

A.

Permit Required. Notwithstanding any other provision of this code, temporary construction activities for public works and public utility projects may be permitted in any zone district if an administrative permit is first obtained as provided in this section.

B.

Definitions. For the purposes of this section, the following words and terms have the meaning and usage indicated:

1.

"Temporary construction activities" means the temporary use of land for rock crushing, batch plants, dredging, contractor's yards, materials stockpiles, caretaker's quarters and other activities related to the construction, repair or replacement of public works or public utilities.

2.

"Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the county, including but not limited to such conditions as fire, flood, storm, epidemic, drought, sudden and severe energy shortage, or an earthquake.

C.

Procedure. Subject to the findings required by subsection D of this section and the limitations imposed by subsection E of this section, the provisions of Section 17.92.050, governing the issuance of administrative permits under this division, apply to permits issued pursuant to this section.

D.

Findings Required. No permit shall be issued pursuant to this section unless the director of resource management finds that:

1.

An emergency exists, as defined in subsection B of this section; or

2.

The public works or public utility project is necessary for public health, safety or convenience and that no land properly zoned and physically suitable for the proposed construction activities is located within a reasonable distance of the project or the nature of the project requires the construction activities to occur at or near the project site.

E.

Limitations.

1.

No permit shall be issued pursuant to this section if the director of resource management finds that the proposed construction activities can be reasonably accommodated at the project site on land owned, leased or possessed by the public agency or public utility proposing or engaged in the project.

2.

No permit shall be issued pursuant to this section unless conditions are imposed upon the permit, including but not limited to the deposit of adequate security to insure that each site at which the temporary construction activities occurs will be returned, as reasonably as possible, to natural conditions as they existed at the site prior to commencement of the construction activities.

3.

Every permit issued pursuant to this section expires one year after the date of its approval or at such earlier time as the director of resource management may determine at the time of approval. However, second and subsequent permits may be issued for the same construction activities if the director of resource management makes a finding, in addition to those findings required for the issuance of the first permit, that the nature of the project requiring the temporary construction activites precludes completion of the project within the life of the permit or that circumstances beyond the control of the public agency or public utility engaged in the project have prevented completion of the project within the life of the permit.

(Ord. 494-341 § 2, 1989)

A.

General authority. The floodplain administrator is authorized and directed to administer and enforce the provisions of this title. The floodplain administrator shall have the authority to render interpretations of these regulations, to establish policies and procedures, and to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Section 17.92.010. The floodplain administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a qualified professional engineer or licensed land surveyor when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these regulations.

B.

Coordination. The floodplain administrator shall coordinate with and provide comments to the building official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of this title. The floodplain administrator and the building official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 17.70.070.

C.

Duties. The floodplain administrator, in coordination with other pertinent offices of the community, shall:

1.

Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.

2.

Review all applications and plans for development in flood hazard areas for compliance with these regulations.

3.

Review, in coordination with the building official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.

4.

Review applications and plans for modification of any existing development in flood hazard areas for compliance with these regulations.

5.

Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

6.

Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.

7.

Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.

8.

Complete the appropriate section of the department of housing and community development floodplain ordinance compliance certification for manufactured home/mobile home installations when submitted by applicants.

9.

Review requests submitted to the building official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Section 17.92.010.

10.

Coordinate with the building official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

11.

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

12.

Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to FEMA.

13.

Inspect development and inspect flood hazard areas to determine when development is undertaken without issuance of permits.

14.

Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Section 17.92.010.

15.

Cite violations in accordance with Section 17.94 of this title.

16.

Notify FEMA when the corporate boundaries of Shasta County have been modified and provide a map and legal description of the changes in the corporate boundaries.

D.

Information in flood hazard areas without base flood elevations (approximate zone where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator is authorized to require one of the following:

1.

Require the applicant to include base flood elevation data prepared by a qualified professional engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified professional engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the floodplain administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

2.

Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.

3.

Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the floodplain administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

a.

Require the applicant to include base flood elevation data in accordance with Section 17.94.080.D; or

b.

Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet.

4.

Where the base flood elevation data are to be used to support a request for a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a qualified professional engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

E.

Record keeping. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including flood insurance studies and flood insurance rate maps (FIRMs); documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.

(Ord. No. 2022-02, § 5(Exh. A, § 32), 2-8-2022; Ord. No. 2022-03, § 5(Exh. A, 32), 3-15-2022; Ord. No. 2022-06, § 32, 9-13-2022)