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Shasta Lake City Zoning Code

CHAPTER 17

88 - SPECIAL USES

17.88.010 - Generally.

There are certain land uses that are an integral part of the city which, because of their reliance on the city's natural resource base, must necessarily operate where the resource is located. There are other types of uses which depend on varying geo-graphic conditions or locational requirements that do not fit within a standard zone district and, therefore, must be reviewed on a case-by-case basis. The uses described in Sections 17.88.020 through 17.88.110 of Article I of this chapter may be located in most or all districts, subject to the specified limitations and requirements, unless the use directly conflicts with a specific district regulation.

(Ord. 97-99 § 1 (part))

17.88.020 - Mining.

The exploration, extraction and processing of minerals, rock, sand, gravel, topsoil or steam for commercial purposes and accessory uses may be allowed, provided a use permit is issued in each case except that gravel crushing and asphalt and cement batch plans shall be located only in industrial (I) and mineral resource (MR) districts. The provisions of Chapter 18.04 of the Shasta County Code (Surface Mining and Reclamation Act) shall apply to all mineral extraction activities.

(Ord. 97-99 § 1 (part))

17.88.030 - Small hydropower facility.

A.

Small hydropower facilities may be permitted with an approved administrative permit, if all of the following are met:

1.

The project is located in an EA, TP, TL, MR, F-1, M-L, M or PF district;

2.

The height of the diversion structure, the amount of water to be impounded by it and the electrical capability of the facility will qualify the project for an exemption from the licensing requirements administered by the Federal Energy Regulatory Commission;

3.

The level of mechanical noise generated by the facility, when measured at the property lines of the site on the CNEL scale, shall not exceed the higher of either 55 dBA higher than the ambient noise level on properties adjoining the project site;

4.

A grading plan is submitted to the planning division for review and approval by the department of public works. The plan shall include all provisions necessary to stabilize and revegetate all land temporarily or permanently disturbed by the construction and operation of the facility;

5.

Security acceptable to the city has been filed by the owner or operator of the facility with the planning division to insure compliance with the requirements of subsection (A)(4) of this section. The amount of any security filed by the owner or operator of the facility with the Department of Fish and Game or the Regional Water Quality Control Board may be used to offset part or all of the security required under this subsection;

6.

The proposed project meets the requirements of the California Department of Fish and Game;

7.

The proposed project meets the requirements of the Regional Water Quality Control Board;

8.

The project sponsor receives the necessary license or exemption from the Federal Energy Regulatory Commission;

9.

The proposed project meets applicable requirements of the U.S. Fish and Wildlife Service;

10.

The project sponsor owns or has the concurrence of the property owner of the site on which the project will be located;

11.

If, in the course of development, any archaeological, historical or paleontological resources are uncovered, discovered or otherwise detected or observed, construction activities in the affected area shall cease and a qualified archaeologist shall be contracted to review the site and advise the city of the site's significance. If the findings are deemed significant by the environmental review officer, appropriate mitigation measures shall be required.

B.

If any of the above criteria are not met, the facility may be permitted if a use permit is issued for it.

(Ord. 97-99 § 1 (part))

17.88.040 - Forest management.

Forest management activities, as described in the California Forest Practices Act, are permitted as long as the regulations of the Forest Practices Act, along with other applicable state regulations, are met.

(Ord. 97-99 § 1 (part))

17.88.050 - Fish and wildlife enhancement projects.

Fish and wildlife enhancement projects are permitted as approved by the Department of Fish and Game.

(Ord. 97-99 § 1 (part))

17.88.060 - Agricultural accessory building.

Agricultural accessory buildings are permitted uses, provided the size of the property on which he building(s) is to be located meets the minimum acreage requirements for full-time agricultural operations.

(Ord. 97-99 § 1 (part))

17.88.070 - Assemblage of people.

Except in R-1, R-2, R-3, RM and MHP districts, circuses, carnivals, open air theaters, race tracks, boat races or similar uses involving temporary or intermittent assemblages of people, automobiles or boats and that do not involve permanent structural improvements, may be permitted if a use permit is issued in each case (not including fraternal or service groups), and it is determined that the proposal will not adversely impact surrounding properties.

(Ord. 97-99 § 1 (part))

17.88.080 - Directional and other official signs and notices.

Those types of outdoor advertising signs that qualify under Title 4, Chapter 6, Subchapter 4 of the California Administrative Code (Outdoor Advertising), including official signs and notices, public utility signs, service club and religious notices, and directional signs are permitted uses, except use permits must be issued for private directional signs. All of these signs may be located without regard to distances from other outdoor advertising signs. Outdoor advertising signs shall be subject to the requirements of Section 17.84.060 of this title.

(Ord. 97-99 § 1 (part))

17.88.090 - Real estate signs.

For sale or lease signs are permitted uses provided that, for residential lots, there are not more than two signs per lot, each sign not exceeding six square feet in size, or for commercial or industrial lots, one sign not to exceed thirty-two (32) square feet in size. In addition to the on-site signs described above, if there are five or more lots for sale, one onsite and one offsite subdivision sign, each not to exceed thirty-two (32) square feet in size, are permitted.

(Ord. 97-99 § 1 (part))

17.88.095 - Electronic readerboard signs.

A.

Purpose. The purpose of the electronic readerboard sign is to provide information on events, convey essential messages including emergency information, and communicate other noncommercial information to the public.

B.

Definitions. For purposes of this section, the following words and phrases shall have the following meanings:

1.

City shall mean the city of Shasta Lake.

2.

Electronic readerboard shall mean a sign structure which can be electronically changed without altering the face or the surface of the sign and intended to accommodate changeable short-term messages.

3.

Non-profit organization shall mean a corporation organized to provide religious, charitable, literary, educational, scientific, social, or other forms of public service that are exempt from federal income taxation under Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code.

4.

Sign shall mean the electronic readerboard sign.

C.

Permit Requirements. An electronic readerboard shall be allowed pursuant to this section if an administrative permit is issued by the development services director or his/her designee pursuant to SLMC Section 17.92.050. The administrative permit shall include terms and conditions under which the permit is issued.

D.

Allowable Locations. Notwithstanding the sign regulations specified for the individual zone district or SLMC Section 17.84.060, one readerboard sign may be located within the City Center (CC), Village Commercial (VC) or Community Commercial (C-2) Zone Districts on property abutting State Route 151 between the Union Pacific Railroad trestle and Cascade Boulevard.

E.

Use Limitations. The sign shall be used only to publicize the following activities. The sign shall not be used to advertise any commercial business or for-profit event or to endorse any specific candidate for political office or to support or oppose any ballot measure or proposition.

1.

City events and activities sponsored by non-profit organizations or local service clubs.

2.

Candidates night forums and general public announcements regarding voting dates and locations.

3.

School events such as football games, graduations and reunions.

4.

Major community events that are co-sponsored (officially recognized, approved and/or subsidized) by the city or require downtown street closures, or held in city parks or facilities.

5.

Messages regarding youth sports league sign-ups occurring within the city.

6.

Messages regarding free meetings and events of general public interest sponsored by public agencies or legislators serving the city.

7.

Messages and alerts related to the city's emergency response system.

8.

Other messages found to be similar in nature as determined by the development services director or his/her designee.

F.

Development Standards.

1.

Maximum height shall be no more than fifteen (15) feet above grade.

2.

Maximum size of the entire sign face shall be no more than forty-eight (48) square feet per side.

3.

The sign may have no more than two faces.

4.

The sign shall be located in a landscaped area not less than twice the total area of the sign face.

5.

The sign shall not imitate or resemble any official traffic sign, signal or device.

6.

The sign shall be placed in a manner that will not adversely interfere with the visibility or functioning of traffic signs, signals or devices, or interfere with official signs, taking into consideration physical elements of the sign in relation to the surrounding area, such as physical obstruction, line of sight, brightness and visual obstruction or impairment issues.

7.

The sign shall be placed no closer than three hundred fifty (350) feet from a crosswalk across State Route 151.

8.

The sign shall display only static text in each of its display messages. No sign shall display animated text, graphics or video, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement.

9.

Each message shall be displayed for a minimum of four seconds unless a greater amount of time is set forth as recommended by the development services director in consultation with the California Department of Transportation (Caltrans).

10.

The transition or blank screen time between one display message and the next shall not exceed one second.

11.

Transition from one message to another message shall appear instantaneous as perceived by the human eye.

12.

To the extent feasible, each message shall be complete in itself and shall not continue on a subsequent sign message.

13.

Font size shall be determined by the development services director based on sight distance and the speed limit of the adjacent right-of-way.

14.

The sign shall be designed and placed to prevent light and glare from being visible to adjacent residential properties.

15.

The sign shall not emit light that could obstruct or impair the vision of any driver.

16.

The sign shall utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light.

17.

The sign shall be turned off between 10:00 p.m. and 6:00 a.m. unless an exception is granted by the development services director or his/her designee for special circumstances, such as, but not limited to, providing emergency notifications or announcing early morning or late evening events.

18.

The sign shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

19.

The sign shall comply with all state requirements governing such uses, including but not limited to the California Vehicle Code.

20.

More restrictive or additional conditions of approval shall be included in the administrative permit as determined necessary by the development services director based on specific site conditions and consultation with applicable city departments and outside agencies.

21.

The development services director may make minor exceptions to the development standards included in this section if it is determined the revised standard meets the intent of this section.

G.

Maintenance Requirements. The administrative permit shall include the terms and conditions for ongoing operation and maintenance of the electronic readerboard.

(Ord. No. 12-227, § 1(2), 8-7-2012)

17.88.100 - Public uses and public utilities.

A.

Public uses and public utilities are permitted if a use permit is issued, provided the use is found to be compatible with, and will not adversely impact, surrounding land uses, except that public utility transmission lines, towers, distribution poles and lines, regardless of height, and gas pipelines are permitted uses.

B.

A use permit shall not be issued for a public use or utility in a resource district unless findings are made that there is not a reasonable alternative site outside of a resource district, and the impacts from the project on the resource land have been reduced to the lowest reasonable level.

(Ord. 97-99 § 1 (part))

17.88.110 - Aircraft landing sites.

Except in R-1, R-2, R-3, RM and MHP districts, airports, landing strips and heliports are permitted if a use permit is issued.

(Ord. 97-99 § 1 (part))

17.88.115 - Use of temporary storage structures.

Temporary storage structures are intended to provide temporary storage of household goods on residential property and business specific goods on commercial or industrial used and/or zoned lands for a period not to exceed the life of the building permit. Such temporary structures shall not interfere with the normal operation of the established use on the property, and are subject to the following requirements:

A.

Permit Required. Placement of a temporary storage structure of any kind is subject to the following permitting requirements:

1.

Residential, Commercial, and Industrial Districts. Placement and use of a temporary storage structure on any site zoned for residential, commercial, or industrial uses shall only be permitted in conjunction with a valid building permit.

B.

Temporary Storage Standards. The following standards shall apply to all temporary storage structures:

1.

Location. Temporary storage structures or bulk solid waste containers shall not be located in required drive isles or where such structure creates a safety hazard for pedestrians or vehicles entering or exiting the site. No temporary storage structure shall be located on any property so as to interfere with traffic visibility as determined by the development services director or city engineer, and no temporary storage structure may be placed in the public right-of-way without issuance of an encroachment permit by the public works director. Location of the temporary storage container shall be approved by the development services director or designee and indicated on the site plan for the associated building permit.

2.

Number. There is allowed a maximum of one temporary storage structure per site. Use of additional structures may be approved by the development services director or designee.

3.

Term of Use.

i.

The use of temporary storage structures as described in Subsection 17.88.120.A.1 shall be limited to the term of the valid building permit that has been issued for substantial construction. Such containers shall be removed within one week of the building permit expiration, the issuance of a certificate of occupancy, or the issuance of a certificate of completion on the property. Requests for extensions of time for use of temporary storage may be granted in writing by the development services director or designee, where it can be determined with certainty that such extension is necessary to support the reasonable completion of the project. In no case shall such extension(s) exceed one year.

4.

Bulk solid waste containers may also be used for the removal of miscellaneous waste without a demolition or building permit. In this case, the use of such containers shall be limited to no more than sixty (60) days in any calendar year and the containers shall comply with the location standards set forth in this section for temporary storage containers.

(Ord. No. 21-290, § 3, 9-7-2021)

17.88.120 - Generally.

There are certain land uses which, because of their characteristics, are permitted in residential areas, provided they meet appropriate standards. The uses described in this article may be permitted in conjunction with residential uses, subject to the criteria and limitations specified herein. Affordable dwelling units are now found in Chapter 17.81.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

17.88.130 - Uses permitted in conjunction with residential use.

The uses described in Sections 17.88.140 through 17.88.250 of this article are permitted in conjunction with a residential use.

(Ord. 97-99 § 1 (part))

17.88.140 - Accessory buildings and uses.

In any district which permits a residence, the following subordinate buildings or uses are also permitted, unless otherwise specified by a particular district; provided that in districts in which an administrative or use permit is required for a residence, the administrative or use permit is issued. This provision does not apply to accessory dwelling units (ADU) or any other buildings used for human habitation.

A.

Private garages, carports, residential accessory buildings and greenhouses as provided in this subsection.

1.

a.

An attached or detached private two-car garage or carport not exceeding five hundred fifty (550) square feet of floor area, plus

b.

One thousand (1,000) square feet of floor area in the same or separate garage or carport or in a residential accessory building(s) or greenhouses or a combination thereof. Any building under one hundred twenty (120) square feet of roof area is not considered a part of the one thousand (1,000) square foot total.

2.

Additional floor area that exceeds the totals in subsections (A)(1)(a) and (b) of this section may be permitted if an administrative permit is issued, subject to the provisions of Section 17.88.230.

3.

Lots that meet the criteria established for the use of agricultural accessory buildings, as described in Section 17.88.060, shall be exempt from the residential accessory building size criteria described in subsections (A)(1) and (2) of this section.

B.

Small day care home.

C.

Residential care facility.

D.

Chickens, turkeys, ducks, geese, rabbits or similar sized animals shall be permitted in any zone district provided they are kept in a clean and sanitary condition and the total number shall not exceed twenty-five (25) per one-half acre. Roosters over three months old shall not be permitted in the R-1 zone district.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

17.88.142 - Permanent use of shipping containers.

When the use of shipping containers is intended to be a permanent "accessory use" as defined in Section 17.02.620, such structures shall not interfere with the normal operation of the established use on the property, and are subject to the following requirements:

A.

Permits Required. Placement of a shipping container of any kind is subject to the following permitting requirements:

1.

Permanent use of shipping containers shall comply with applicable permitting requirements of the California Code of Regulations Title 24.

2.

Shipping containers located within a residential district are subject to the provisions of Section 17.88.140.

B.

Standards for Permanent Use of All Shipping Containers. In addition to site development standards of the applicable zone district and those cited within Chapter 17.84—General Design Standards, the following standards shall apply to the permanent use of all shipping containers:

1.

Shipping containers shall reflect the architectural design of the primary building. Methods to achieve this may include paint color, siding material, roof pitch, and fenestration, as determined by the development services director or designee.

2.

Setback requirements shall be those required for accessory buildings within the applicable zone district.

3.

Shipping containers placed within a residential district shall not be visible from public rights-of-way, except when such containers have been modified pursuant to Section 17.88.142.B.1.

(Ord. No. 21-290, § 3, 9-7-2021)

17.88.145 - Garage and yard sales.

A.

Purpose. Garage sales or yard sales are permitted in a residential zone subject to the restrictions hereinafter set forth designed to protect the character of residential zones and the peace, privacy, safety and general public welfare of persons within such zones.

B.

Garage or Yard Sale Defined. A "garage, patio and yard sale" means a sale conducted by any occupant of a residence from any location on the premises in any kind of residential zone of personal property accumulated during the course of ordinary residential living by selling the same to the public. Premises of churches, charitable organizations, schools and other nonprofit organizations are not residences as defined herein and expressly are not subject to the restrictions applicable to a garage, patio or yard sale defined herein.

C.

Restrictions. A garage, patio or yard sale as hereinabove defined may be conducted only as follows:

1.

No more than three sales may be conducted on the same property during any period of twelve (12) consecutive months.

2.

Each sale shall last no more than three consecutive days beginning each day no earlier than eight a.m. and ending no later than six p.m., and shall be held no sooner than ninety (90) calendar days after a prior sale.

3.

Only one sign advertising the sale is allowed and must be placed on the same property where the sale is being held. No signs on utility poles, traffic control devices, or in the public right-of-way are allowed. The sign can be double-faced, not larger than six square feet, and no higher than four feet. The sign may be placed up to twenty-four (24) hours prior to the sale, and shall be removed immediately following the sale.

4.

Personal property sold at a sale shall not include secondhand goods obtained for purposes of resale.

D.

Enforcement. The procedure for enforcement is as follows:

1.

Any person may submit a complaint to the development services director or his or her designee.

2.

The development services director or his or her designee shall investigate each complaint and, if warranted, issue a citation or refer the matter to the city attorney for filing of a complaint; provided, however, that the enforcement official shall give only a warning for a first violation of the provisions of this section.

(Ord. 04-161 § 1: Ord. 02-139 § 1)

17.88.150 - Private stables.

In districts which do not list livestock as a permitted use, horses and private stables may be permitted subject to the approval of an administrative permit, if the following criteria are met:

A.

The minimum lot area upon which a horse may be kept is one acre and one horse may be kept for each one acre;

B.

Stables and paddocks shall be located not less than twenty (20) feet from the side or rear property lines, not less than fifty (50) feet from the front property line and not less than forty (40) feet from any dwelling on the same or adjacent property.

(Ord. 97-99 § 1 (part))

17.88.155 - Home occupation.

The development services director or his/her designee shall administer the requirements for home occupations in all residential zoning districts.

(Ord. No. 19-275, § 2(Exh. C), 9-3-2019)

17.88.157 - Large day care home.

The development services director or his/her designee shall administer the requirements for large day care homes in all residential zoning districts.

(Ord. No. 19-275, § 2(Exh. C), 9-3-2019)

17.88.160 - Temporary trailer.

Notwithstanding any other provisions of this article, a mobile home or travel trailer may be temporarily placed in any district for residential occupancy by the owner of the building site during construction of a one-family or two-family residence; provided the requirements of Section 16.04.110 of the Shasta County Code are met, and one-family or two-family residences are permitted in the district, or in districts in which a use permit is required for such a residence, the use permit is issued.

(Ord. 97-99 § 1 (part))

17.88.165 - Temporary development sales office.

A residence or model home may be temporarily used as a development sales office, for the sale of one-family residences and undeveloped lots in a new residential development, if it is located within the boundaries of the new residential development, and its use as a sales office ceases when all such residences and lots have been sold.

(Ord. 97-99 § 1 (part))

17.88.170 - Uses requiring an administrative permit in districts permitting a residence.

With an administrative permit, the uses described in Sections 17.88.220 through 17.88.250 of this chapter may be located in zone districts which permit them, subject to the criteria and limitations specified herein.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

17.88.180 - Reserved.

Editor's note— Ord. No. 14-233 repealed former § 17.88.180 in its entirety which pertained to family care residences and derived from Ord. 97-99 § 1 (part).

17.88.190 - Reserved.

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.88.190 in its entirety which pertained to senior citizen residences and derived from Ord. 97-99 § 1 (part).

17.88.200 - Reserved.

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.88.200 in its entirety which pertained to guest houses and derived from Ord. 97-99 § 1 (part).

17.88.210 - Reserved.

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.88.210 in its entirety which pertained to servant's quarters and derived from Ord. 97-99 § 1 (part).

17.88.220, 17.88.230 - Reserved.

Editor's note— Ord. No. 19-275, § 2(Exh. C), adopted Sept. 3, 2019, repealed §§ 17.88.220 and 17.88.230, which pertained to home occupation and large day care homes, and derived from Ord. 97-99, § 1 (part); and Ord. 98-106, § 1 (part).

17.88.240 - Residential accessory building(s) exceeding one thousand square feet.

A residential accessory building(s) that exceeds combined total of one thousand (1,000) square feet of floor area may be constructed on a lot in addition to a one-family residence, provided the building(s) shall not be used for human habitation or for any commercial purposes, unless otherwise provided in this division. This provision, signed by the applicant, shall be recorded prior to issuance of this permit.

(Ord. 97-99 § 1 (part))

17.88.250 - Mobile homes in an unclassified district.

A mobile home, in lieu of the first one-family residence, may be placed on a lot located in an unclassified (U) district, provided:

A.

The mobile home complies with all applicable provisions of the city development standards;

B.

Considering all relevant evidence on the character of existing residential uses in the vicinity, the effect of topographic and other natural features on the visibility of the mobile home from these uses, and the distance between the proposed site of the mobile home and these uses, no substantially detrimental aesthetic impact will result from installation of the mobile home.

(Ord. 97-99 § 1 (part))

17.88.260 - Uses requiring use permit in districts permitting a residence.

If a use permit is issued, the uses described in Section 17.88.270 of this chapter may be located in districts which permit them, subject to the criteria and limitations specified herein.

(Ord. 97-99 § 1 (part))

17.88.270 - Bed and breakfast guest facility.

A bed and breakfast guest facility may utilize a portion of a one-family residence, provided:

A.

If the lot is less than one acre, there shall be no more than two guest rooms. On lots over one acre, there shall not be more than four guest rooms;

B.

There shall be no more than two adults per guest room;

C.

The guest rooms may be in a detached accessory building if located in a district that permits guest houses. Such building shall be located behind the primary residence, shall not exceed twenty (20) feet in height (unless it is existing), and shall be architecturally compatible with the principal residence;

D.

Neither the principal residence nor the guest rooms shall be a mobile home;

E.

The owner shall occupy the primary residence;

F.

The guest rooms shall not have individual kitchen facilities;

G.

Meals shall be limited to overnight guests;

H.

One sign, not to exceed two square feet, shall be permitted;

I.

Separate bed and breakfast guest facilities shall not be within one thousand five hundred (1,500) feet driving distance of each other;

J.

Off-street parking shall be provided, as specified by Chapter 17.86 of this title. The parking area shall be located in an inconspicuous area and shall be surfaced to city standards;

K.

The facility shall not interfere with or adversely impact surrounding residential uses;

L.

No employees are permitted other than those residing in the dwelling unit;

M.

The requirements of the Division of Environmental Health shall be met.

(Ord. 97-99 § 1 (part))

17.88.271 - Logging contractor's yard.

A logging contractor's yard may be maintained provided:

A.

A use permit is obtained;

B.

The parcel size is at least five acres for logging contractor's yards established after the effective date of the ordinance codified in this title. Logging contractor's uses that existed prior to this section on smaller than five-acre parcels may continue with a use permit;

C.

The parcel is located at or above one thousand (1,000) foot elevation, mean sea level;

D.

All logging trucks and related heavy logging equipment are owned by the person or persons residing on the parcel;

E.

The parcel is not used as a truck terminal, truck yard, contractor's yard or other similar industrial or commercial use;

F.

A total of no more than five logging trucks are allowed. Related heavy logging equipment may also be allowed. The maximum number of trucks and pieces of equipment will be determined during the use permit process by the size and location of the parcel, the use's impact on surrounding roads, the visibility of the storage area to neighbors and the general public and the likelihood that smoke, dust, odors or fumes will interfere with the neighbor's use or enjoyment of their property;

G.

Noise levels at the boundary of the parcel shall not exceed sixty-five (65) dba to avoid excessive disturbance to neighboring properties;

H.

Motorized equipment and vehicles and pneumatic repair tools and equipment shall not be operated between the hours of ten p.m. and six a.m. provided, however, that this subsection shall not preclude the normal driving of the vehicles to and from the parcel;

I.

Logging trucks may be kept on the parcel year round. Related logging equipment may be stored on the parcel no more than a total of six months per year;

J.

The logging trucks and related heavy logging equipment shall not be stored or repaired within any required front or side yard setback area;

K.

There shall be no storage, service, maintenance or repair of any logging truck or related logging equipment not owned or leased by the person or persons residing on the parcel;

L.

No person shall be regularly employed on site for the purpose of maintaining any of the equipment or vehicles;

M.

The provisions of this section shall not apply to equipment and vehicles normally used in bona fide agricultural operations.

(Ord. 97-99 § 1 (part))

17.88.275 - Short-term rentals.

A.

Purpose. The purpose of this section is to establish an appropriate permitting process and standards for short-term rental of single-family dwellings and dwelling units located in the City of Shasta Lake; to provide a visitor experience and accommodation as an alternative to the typical hotel, motel, and bed and breakfast accommodations customarily permitted in the city; to minimize potential negative secondary effects of short-term rental use on surrounding residents and neighborhoods; to retain the residential character of the neighborhoods in which any such use occurs; and to ensure the payment of required transient occupancy taxes.

B.

Definitions. For purposes of this section, the following short-term rental facilities are established:

1.

Hosted Homestay. An owner (or the primary occupant with the written permission of the owner) occupied single-family dwelling unit where, for compensation, individual overnight room accommodations are provided for a period of less than thirty (30) days. Hosted homestays do not include the provision of meals prepared by the hosts for consumption on-site by guests.

2.

Vacation Rental. An entire dwelling unit where, for compensation, overnight accommodations are provided for a period of thirty (30) days or less, and the owner (or the primary occupant with the written permission of the owner) may or may not reside within the dwelling unit for the term of the rental.

C.

Short-Term Rental Permit Requirements. No person shall use, advertise, or market for use, any dwelling unit on any parcel in any zoning district for short-term rental purposes without first obtaining approval as required by this section. The provisions of this section apply to all existing and future short-term rentals as defined in this section. Existing short-term rental facilities shall either apply for, or obtain authority to operate, within sixty (60) days of the effective date of the ordinance from which this section is derived. The following approval process is established:

1.

Hosted Homestay and Vacation Rentals. Such use is permitted within all zoning districts subject to obtaining an administrative approval from the development services director or designee. Applicants shall be required to provide information determined necessary by the director, or designee, to establish compliance with this section and shall pay an application fee as may be established by resolution of the city council. Administrative permits for short-term rentals issued by the director or designee in accordance with the provisions of section 17.92.050, administrative permits, shall expire twelve (12) months from issuance unless renewed annually.

D.

Permitted Locations. The regulations of this section shall apply to short-term rentals within a legally established single-family dwelling in all zoning districts.

E.

General Requirements—Hosted Homestays and Vacation Rentals.

1.

No more than one dwelling unit on a lot may be used at any one time for rental purposes.

2.

A maximum of two rooms may be available for rent at any time within a hosted homestay.

3.

Occupancy shall be limited to a maximum of two adults plus one child per rented room.

4.

The property owner or the primary occupant with the written permission of the owner must always occupy the residence when rooms are being provided for rent within a hosted homestay.

5.

A minimum of one on-site parking space shall be provided for each room that is rented beyond three rooms. Guest parking spaces shall be within the primary driveway or other on-site location. External changes to a property including converting significant areas of front yard landscape for purposes of meeting parking requirements is not allowed.

6.

Short-term rentals shall comply with applicable building, health, fire and safety codes, including provision of working smoke and carbon monoxide detectors.

7.

The owner shall post emergency evacuation instructions and "house policies" inside the home in a common area accessible to all tenants. The house policies shall be included in the rental agreement and shall be enforced by the owner. At a minimum, the house policies must:

a.

Establish outdoor "quiet hours" between 10:00 p.m. and 7:00 a.m. to minimize disturbance to neighboring residences. Outdoor activities shall be prohibited during "quiet hours."

b.

Require that guest vehicles be parked on the premises, and further directing that on-street parking for periods in excess of four hours is prohibited in compliance with this section, except as may otherwise be allowed pursuant to section 17.88.275.F.2.c. of this Code.

c.

Provide notice that the property shall not be used to host non-property owner related weddings or other events involving the assembly of more than ten people.

8.

On-site advertising signs or other displays indicating that the residence is being utilized as a short-term rental, is prohibited.

9.

A city business license shall be obtained, and transient occupancy taxes paid in accordance with chapter(s) 3.20 and 5.04 as applicable. All advertising for any short-term rental shall include the City of Shasta Lake transient occupancy tax number and the business license number, assigned to the owner-applicant. With submittal of transient occupancy taxes, the operator shall also submit a statement indicating the number of daily guest stays, and the number of guests for the reporting period.

10.

The short-term rental permit is not transferrable to a subsequent property owner or to another property.

11.

This section shall not be construed as waiving or otherwise impacting the rights and obligations of any individual, group, or the members of any homeowner's association, as defined, to comply with or enforce CC&Rs.

F.

General Requirements Vacation Rentals.

1.

With the exception of items 2 and 4 listed in section 17.88.275.E. above, the general requirements for hosted homestays shall apply to all vacation rentals as defined herein.

2.

The following additional provisions shall be applicable to vacation rentals. These provisions may be supplemented by additional requirements established by the development services director, or designee, as necessary to maintain compatibility of the use with surrounding properties.

a.

A vacation rental shall not be rented to multiple unrelated parties concurrently unless the owner (or the primary occupant with the written permission of the owner) is residing on the premises during the rental period, in which case the rental shall be limited to two unrelated parties.

b.

The owner/applicant shall keep on file with the city the name, telephone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the vacation rental. This information shall be posted in a conspicuous location within the vacation rental dwelling. The local contact person shall be available twenty-four (24) hours a day to accept telephone calls and respond physically to the vacation rental within sixty (60) minutes, if necessary. The name and contact information of the local contact person will be made available to the public.

c.

Depending on the physical nature of the property and surrounding properties, where full city street improvements exist, the director, or designee, may allow on-street guest parking not to exceed credit for one parking space as required by this section.

G.

Application Requirements. Where a permit is required by this section, applicants for a short-term rental use shall apply for a permit in accordance with the provisions of section 17.92.050, administrative permits, and shall pay the application fee established by resolution of the city council. In making a determination to approve, conditionally approve, or deny an application, the director or designee may consider factors, including but not limited to, proximity of the property to other vacation rentals, bed and breakfast establishments, and neighborhood and site characteristics including but not limited to availability of adequate parking, potential for traffic impacts, and other factors which may adversely affect the general public and neighborhood welfare and/or safety.

H.

Permit Renewal. Holders of an administrative permit allowing for a short-term rental use shall apply annually for a renewal of the permit and shall pay the renewal fee established by resolution of the city council. In making a determination to approve, conditionally approve, or deny a renewal application, the director or designee may consider factors including but not limited to, prior complaints from neighbors and code enforcement activity, timeliness of business license renewal, timeliness of transient occupancy tax submittals, proximity of the property to other vacation rentals, proximity to bed and breakfast establishments, and other relevant neighborhood and site characteristics.

I.

Violations/Revocations. Enforcement of the provisions of this section may include the civil and equitable remedies as permitted by state law, the issuance of a citation and fine, or other legal remedy as provided by chapter 17.94 of this Code. Upon notification by the city, any short-term rental operating in violation of the requirements of this section must terminate operations immediately. Further, a permit issued under the authority of this section may be revoked in accordance with the procedures established in section 17.92.050.H.

(Ord. No. 20-282, § II(Att. A), 9-1-2020)

17.88.280 - Storage of mobile homes and recreational vehicles.

The following requirements apply to storage of mobile homes and recreational vehicles as special uses;

A.

A mobile home shall not be placed on a lot until a mobile home installation permit is issued;

B.

A recreational vehicle may be stored on a lot provided it is not used for human habitation.

(Ord. 97-99 § 1 (part))

17.88.290 - Adult entertainment businesses.

A.

Purpose. The city council finds that "adult entertainment" businesses, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these businesses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent concentration or clustering of these businesses in any one area. For the purposes of this section, the definitions set out in subsections B through D of this section apply.

B.

Adult Entertainment Businesses Defined. "Adult entertainment businesses" means 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." "Adult entertainment businesses" includes the following defined terms:

"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 an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas."

"Adult mini motion picture theater" means an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

"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 matter depicting "specified sexual activities" or "specified anatomical areas."

"Adult motion picture theater" means an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depiction, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

"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 matter depicting "specified sexual activities" or "specified anatomical areas."

"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 service related thereto exposes "specified anatomical areas."

"Model studio" means any business where, for any form of consideration or gratuity, figure models who display "specific anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.

"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."

C.

Specified Sexual Activities. "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 or ejaculation;

4.

Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

5.

Masochism, erotic or sexually 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 or vaginal or anal irrigation.

D.

Specified Anatomical Areas. "Specified anatomical areas" includes less than completely and opaquely covered:

1.

Mature human genitals;

2.

Mature human buttocks;

3.

Mature human female breast below a point immediately above the top of the areola;

4.

Human male genitals in a discernable turgid state, even if completely and opaquely covered.

E.

Regulation of Location.

1.

In those land use districts where the "adult entertainment" businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such "adult entertainment" business if the location is:

a.

Within five hundred (500) feet of any area zoned for residential use, or

b.

Within one thousand (1,000) feet of any other "adult entertainment" business, or

c.

Within one thousand (1,000) feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization or any establishment likely to be used by minors;

2.

The "establishment" of any "adult entertainment" business shall include the opening of such a business as a new business, the relocation of such business or the conversion of an existing business location to any "adult entertainment" business use.

F.

Waiver of Locational Provisions.

1.

Any property owner or his authorized agent may apply to the planning commission for a waiver of any locational provisions contained in this chapter. The planning commission, after a hearing, may waive any locational provision, if all of the following findings are made:

a.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed, and

b.

The proposed use will not enlarge or encourage the development of a "skid row" area, and

c.

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, and

d.

All applicable regulations of this code will be observed;

2.

The procedure for this hearing shall be the same as that provided in Section 17.92.020 of this title, with, among other matters, the same notice requirements, the same right of appeal to the city council and the same fees payable by the applicant.

(Ord. 97-99 § 1 (part))