All regulations pertaining to the districts established in this chapter shall be subject to the general provisions, conditions, and exceptions set forth in this article.

(§ III, Ord. 623, eff. July 17, 1974)

All of the uses listed in this section, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts in this chapter, and, therefore, the authority for and the location of the operation of any of the uses designated in this section shall be subject to the issuance of a use permit. In addition to the criteria for determining whether or not a use permit should be issued as set forth in Article 12 of this chapter, the Planning Commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with the uses permitted in surrounding areas: damages or nuisances from noise, smoke, odor, dust, or vibration; hazards from explosions, contamination, or fire; and hazards occasioned by an unusual volume or character of traffic or the congregating of a large number of people or vehicles. Such uses are as follows:

(a)

Airports and landing fields;

(b)

Cemeteries, subject to the following conditions:

(1)

There shall be a 100 foot setback from the property line of any interment,

(2)

An offer of dedication shall be recorded at the office of the County Recorder setting forth the purpose and restrictions upon the ground for its use as a cemetery, and

(3)

A map shall be recorded in the office of the County Recorder designating the area to be used as a cemetery in accordance with subdivision (2) of this subsection;

(c)

Establishments or enterprises involving large assemblages of people or automobiles, as follows:

(1)

Amusement parks and race tracks,

(2)

Circuses and carnivals,

(3)

Public buildings, parks, and other public recreational facilities,

(4)

Recreational facilities privately operated,

(5)

Resorts, and

(6)

Public celebrations;

(d)

The mining of natural mineral resources, together with the necessary buildings and appurtenances incident thereto;

(e)

The removal or deposit of earth other than in connection with excavations or deposits in connection with the construction of buildings, roadways, or public or home improvements;

(f)

Fire houses; and

(g)

A bed and breakfast facility may occur in a single-family dwelling subject to the following conditions and standards:

(1)

The facility shall be owner or resident manager occupied,

(2)

No more than five (5) rooms shall be available for rent,

(3)

The maximum board or rental period shall not exceed two (2) weeks,

(4)

Meals. Food service facilities shall conform to regulations set by the State pertaining to food facilities,

(5)

Sanitation requirements shall:

(i)

Meet the Uniform Plumbing Code based upon occupancy, and

(ii)

Meet the existing County and State water and sewage disposal regulations,

(6)

Accessory uses. Pools, spas, saunas, and laundry facilities, if provided, shall be subject to Health Department review and shall be subject to County and State regulations,

(7)

Inspections and permit fees. Fees for bed and breakfast facilities shall be as required by County laws,

(8)

Parking. One off-street parking space shall be provided for each room available for rent;

(h)

Temporary portable asphalt and/or concrete batch plants incidental and accessory to an off-site public construction project, with one mile radius notification requirement, not to exceed the life of the construction project, with one year review, not to exceed two (2) years.

(§ III, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 68, eff. January 26, 1984, § I, Ord. 85-25, eff. August 22, 1985, § I, Ord. 85-39, eff. January 9, 1986, § I, Ord. 86-6, eff. April 10, 1986, § I, Ord. 94-07, eff. April 14, 1994, § I, Ord. 94-22, eff. October 13, 1994, § II, III and IV, Ord. 01-01, eff. February 8, 2001, § I, Ord. 01-08, eff. April 19, 2001, § I, Ord. 02-21, eff. January 9, 2003, and § II, Ord. 04-10, eff. September 7, 2004)

(Ord. No. 19-09, § 1, 8-6-2019; Ord. No. 24-04, §§ II, III, 3-19-2024)

(§ III, Ord. 623, eff. July 17, 1974; repealed by § I, Ord. 94-07, eff. April 14, 1994)

Commercial silos, monuments, commercial radio towers, water towers, water tanks and similar structures may be permitted to exceed the height limit for the district in which such are to be located upon securing a Use Permit in each case; provided, however, the provisions of this section shall not be construed to require a Use Permit for poles for the distribution of utility services.

(§ III, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 94-27, eff. December 29, 1994)

Chimneys (except residential), silos, windmills, flag poles, gas storage holders, church steeples, mechanical appurtenances and other similar structures may be permitted to exceed the height limit for the district in which such are to be located, upon first securing an Administrative Permit in each case.

(§ II, Ord. 94-27, eff. December 29, 1994)

Applications for Administrative Permits to exceed height limitations, when required by the provisions of this chapter, shall be filed with the Planning Department and shall be accompanied by maps, plans, drawings, photographs and other pertinent information necessary for their proper consideration. An administrative review shall be conducted upon any Administrative Permit application. Notice thereof shall be given in the same time and manner provided by law to all owners of property within three hundred (300') feet of the parcel upon which the Administrative Permit is requested.

(§ III, Ord. 9427, eff. December 29, 1994)

The Planning Director is authorized to either approve, conditionally approve, or deny the issuance of Administrative Permits. The Planning Director may grant all or part of the height of which the Administrative Permit is sought.

(§ IV, Ord. 94-27, eff. December 29, 1994)

Administrative Permits shall not be issued until ten (10) days have elapsed from the granting thereof and, in the event an appeal is filed, shall not be issued until a decision has been made by the appropriate decision-making body.

(§ V, Ord. 94-27, eff. December 29, 1994)

Any administrative action by the Planning Director may be appealed in writing to the Planning Commission within ten (10) days from the date of the administrative action, accompanied by a fee set by the Board.

(§ VI, Ord. 94-27, eff. December 29, 1994, as amended by § XI, Ord. 97-21, eff. August 7, 1997)

In any R District where a use permit is secured for an increased height limit, the front, side, and rear yards shall be increased by one foot for each one foot by which the building exceeds the height limit specified for such use.

(§ III, Ord. 623, eff. July 17, 1974)

Whenever an Official Plan Line has been established for any street, required yards shall be measured from such line, and in no case shall the provisions of this chapter be construed as permitting any encroachment upon any Official Plan Line.

(§ III, Ord. 623, eff. July 17, 1974)

In the Res-1 and Res-2 Districts, where four (4) or more lots in a block have been approved with buildings on or before June 17, 1974 (not including accessory buildings), the minimum required front setback shall be the average of the improved lots if such setback is less than the stated requirements for the districts.

(§ III, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 94-07, eff. April 14, 1994)

(§ III, Ord. 623, eff. July 17, 1974; repealed by § I, Ord. 94-07, eff. April 14, 1994)

In the R Districts, single-family dwellings only may be erected on any parcel of land, the area of which is less than the building site area required for the particular district in which such parcel is located, but if, and only if, such parcel was in single ownership on or before June 17, 1974. No structure shall be erected on any substandard parcel if such parcel was created on or after July 17, 1974.

(§ III, Ord. 623, eff. July 17, 1974)

The width of interior side yards for single-family dwellings constructed pursuant to the provisions of Section 10-6.1509 of this article may be reduced to ten (10%) percent of the width of such parcel but in no case to less than three (3') feet.

(§ III, Ord. 623, eff. July 17, 1974)

In any R District, where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required side setback from the front setback line to such entrance shall be not less than ten (10') feet.

(§ III, Ord. 623, eff. July 17, 1974)

Accessory buildings in an R District, on sites less than one acre, shall be located on the rear half of the lot. All of the building and zoning setbacks shall be as set forth in the underlying zoning district.

(§ III, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 94-07, eff. April 14, 1994)

(a)

In an attempt to allow for the personal and professional development of skills, and at the same time protect the integrity and characteristics of the residential neighborhood, a home occupation shall be allowed subject to the issuance of an administrative use permit by the Planning Director and further subject to the following limitations:

(1)

The total area of the business, including storage, shall not exceed twenty-five (25%) percent of the home's square footage nor change the outside appearance of the structure in such a way as to conflict with other homes' residential appearances.

(2)

No employees shall be permitted.

(3)

No outside display or storage shall be permitted.

(4)

(Repealed).

(5)

(Repealed).

(6)

Uses which are intended to be small in nature, and uses which grow to be offensive or hazardous due to noise, traffic, or hazardous materials or which impair aesthetic values may be terminated by the Planning Commission by the revocation of the granted use permit.

(7)

Strictly retail businesses shall not be allowed (that is, grocery stores, stock item stores, and the like).

(8)

Other conditions deemed necessary by the Health Department, Public Works Department, or other agencies having jurisdiction deemed necessary to assure the protection of the public health and safety.

(b)

Notice to all property owners within 300 feet of the parcel upon which the proposed home occupation permit is requested shall be provided, along with proposed conditions and rights of appeal.

(c)

A decision of the Planning Director in the issuance or denial of any requested home occupation permit shall be subject to appeal, within ten (10) days following the decision, and without cost to the Planning commission.

(d)

Businesses utilizing telephones only with no employees, no display or storage, and no signs will be permitted upon the registration of such businesses with the Planning Department and subject to the limitations described in this section, acknowledged by the signature of the applicant.

(e)

Fees for home occupations are determined by the Board of Supervisors and are as set forth in Article 16 of this chapter.

(§ II, Ord. 86-6, eff. April 10, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994, and § 1, Ord. 01-08, eff. April 19, 2001)

Cornices, eaves, canopies and similar architectural features may be extended into any required yard, not more than two and one-half (2½) feet or fifty percent (50%) of the required yard setback whichever is less.

(§ I, Ord. 88-21, eff. August 11, 1988).

(a)

In an attempt to provide a streamlined method for the issuance of second unit housing permits, while at the same time preserving the spirit and intent of the State regulations in this matter, the Planning Director shall issue an administrative special permit for second units ministerially without notice and hearing on a form prescribed by the Planning Director subject to the following limitations:

(1)

The unit is not intended for sale and may be rented. One of the two (2) units shall be owner-occupied and the property owner has obtained a Homeowners' Property Tax Exemption through the Assessor's Office to the satisfaction of the Planning Director.

(2)

The lot is zoned Res-1, Res-2, Res-3, Res-4, R-R, or AG.

(3)

The lot contains an existing single-family dwelling.

(4)

The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling, or detached from the existing dwelling and located on the same lot as the existing dwelling.

(5)

The total area of floor space for an attached second unit shall not exceed thirty percent (30%) of the existing living area. The total area of floor space for a detached second unit shall not exceed 1,200 square feet.

(6)

Any construction shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements applicable to the attached or detached residential construction type in the zone which the property is located.

(7)

Building Code requirements shall apply as determined appropriate by the Chief Building Official.

(8)

Approval by the local health officer of the water system and sewage disposal system is required and if the sewage disposal system is a on-site septic system the parcel has a minimum size of five (5) acres.

(9)

A site plan shall be provided which clearly shows where the required parking for the primary unit is located and where one parking space per bedroom is located for the second unit to the satisfaction of the Planning Director.

(10)

Prior to building permit issuance, the property owner shall sign a deed restriction against the property stating that this approval is contingent upon the following conditions being met and violation and/or non-compliance with any of these conditions constitutes grounds for permit revocation. Prior to building permit final being granted and occupancy of the second unit, the deed restriction shall be recorded to the satisfaction of the Planning Director:

(i)

The second dwelling unit may not be sold separately from the primary dwelling unit and only one of the dwelling units may be rented.

(ii)

One of the dwelling units on the site must be used as the property owner's principal residence and the property owner has obtained a Homeowners' Property Tax Exemption through the Assessor's Office to the satisfaction of the Planning Director.

(iii)

All future owners are hereby advised that the use of either dwelling unit in conjunction with any business operations is strictly regulated by the Siskiyou County Code. Any such use shall be reviewed and approved by the County of Siskiyou prior to said use commencing.

(iv)

The approved parking stalls shall be maintained at all times.

(b)

In the event that a proposed second unit does not meet either the attached unit size or lot area size standards of Section 10-6.1515(a) to qualify for the issuance of a ministerial permit as determined by the Planning Director, the Planning Director may approve an administrative special permit in a manner and form deemed appropriate subject to the following:

(1)

All requirements contained in Section 10-6.1515(a) shall be met except as may be modified below and specifically conditioned in the Planning Director administrative special permit.

(2)

The size of an attached second unit may exceed the otherwise permitted maximum percentage provided that it does not exceed the lesser of sixty (60) percent of the living area of the primary structure or 1,200 square feet, does not contain more than two (2) bedrooms and is designed as an integral, unnoticeable part of the primary dwelling unit.

(3)

If the sewage disposal system is an on-site septic system and the parcel is less than a minimum size of five (5) acres, the local health officer has approved the sewage disposal system with the necessary conditions to protect the public health.

(c)

Rights of appeal are provided for in the County Code.

(§ I, Ord. 89-34, November 23, 1989, as amended by §§ I, II, Ord. 91-42, eff. March 12, 1991 and § I, Ord. 92-18, eff. June 23, 1992)

(Ord. No. 10-15, § VI, 12-7-2010; Ord. No. 13-06, § I, 7-9-2013)

When allowed by the zoning ordinance, one residential storage building may be constructed or installed on the property prior to the construction of a residence, subject to the following provisions:

(a)

The parcel has been reviewed and determined a legally created parcel.

(b)

The parcel has been reviewed and determined to be a buildable parcel. The future buildability will not be affected by the placement of this structure.

(c)

The structure as approved is not to be equipped or used for residential purposes or human occupancy of any kind prior to receiving appropriate zoning, health and building approval.

(d)

The building is not to be connected to any utilities, including gas, sewer; water or electricity.

(e)

Issuance of this permit neither implies nor guarantees that the county will issue other permits for residential or other uses of this property at this same location or other locations in the future.

(f)

Further development of the property will require issuance of all appropriate zoning, health and building entitlements in effect at the time of request for expansion of use.

(§ I, Ord. 90-10, eff. March 29, 1990)

(a)

A property zoned for single-family dwellings may be developed with the infrastructure necessary to support a single-family dwelling prior to the actual construction of a single-family dwelling. Necessary residential infrastructure shall be developed in the following order and subject to the following conditions:

(1)

Health department review of sensitive areas may require a professionally prepared plot plan;

(2)

The parcel has been reviewed and determined a legally created parcel;

(3)

An on-site sewage disposal evaluation is completed substantially demonstrating that the property can be developed with a septic tank and leachfield system;

(4)

A source of water, with quantity and quality acceptable to the public health department, is developed to serve the parcel;

(5)

A septic tank and leachfield for residential purposes is installed on the property.

(b)

Upon the completion of the construction of a well, a notice shall be recorded, setting forth any conditions which may exist relative to utilization of the well, together with a plot map locating the well on the property as necessary.

Upon the subsequent installation of a sewage disposal system, a notice shall be recorded, setting forth any conditions relative to the utilization of the septic tank, together with a plot map locating the septic system on the property as necessary.

In the case of concurrent development of well and septic system, a single recording may be utilized.

(c)

The form of the document recorded shall be acceptable to the County of Siskiyou and signed by the property owner.

(§ I, Ord. 91-13, eff. May 9, 1991)

The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the orderly development, operation, and maintenance of wireless communications facilities. The regulations contained herein are designed to protect and promote public health, safety, and welfare and the aesthetic quality of the County as set forth in the policies of the General Plan. It is also the intent to provide the community with benefits of this technology and not unduly restrict service providers from providing these benefits to the County and its citizens. The establishment of wireless communications facilities as a land use shall be subject to the regulations set forth by the applicable Zoning District. In all locations which permit the development and use of wireless communications facilities, the following shall apply:

(a)

General requirements for materials to accompany an application. Applications for a Use Permit, as specified under Section 10-6.1201, for wireless communications facilities shall be accompanied by the materials listed below. The Planning Director may waive the requirement for submittal of any information described herein when determined inapplicable based on project-specific factors.

(1)

A written description of the type of technology and consumer services the carrier will provide its customers;

(2)

Technical information, including but not limited to, visual analysis, alternative site analysis, landscape and post-construction reclamation plans, and lighting plans;

(3)

A copy of the land use easement or restriction which encumbers the proposed facility site. Financial arrangements need not be revealed;

(4)

Technical information to show whether future service providers may co-locate on the proposed facility and the capacity the structure will support.

(i)

For facilities not proposed to be co-located the carrier shall provide information substantiating the impracticality of co-locating. The County may, at the expense of the applicant, require independent peer review of the analysis as part of the review process.

(ii)

Carrier leases may be required to provide opportunities for future co-locations of other carrier's antennae and related equipment. Leases which convey exclusive (single-user) rights for wireless communications facilities to the extent that such leases may preclude development of suitable co-location facilities are discouraged and may be prohibited as deemed appropriate by the Planning Commission.

(iii)

The design of wireless communications facilities should promote shared use among different carriers. To the extent feasible, lease areas, antennae support, and equipment structures shall be designed to provide for the consolidation of future facilities to eliminate or minimize the visual clutter resulting from multiple telecommunications structures.

(iv)

Existing facilities should make available unutilized space for co-location of other antennas and equipment, including space for competing service carriers.

(b)

Standard requirements. Applicants for wireless communications facilities shall be required to comply with the following standard conditions:

(1)

The carrier and/or successor in interest shall properly maintain and ultimately remove, if required, the approved wireless communications facilities according to the provisions of this chapter and any conditions of permit approval. The carrier shall post a financial security, such as a bond or Certificate of Deposit, acceptable to the County to ensure that the approved facilities are properly maintained and to guarantee that the facility is dismantled and removed from the premises and the site reclaimed if it has been inoperative for a one-year period, or upon expiration of the permit Financial assurance shall be an amount determined by a California licensed engineer, and approved by the Planning Commission, and shall cover the costs associated with the demolition, removal, and reclamation of the facility site in the event the carrier abandons operations.

(2)

The carrier shall defend, indemnify, and hold harmless, the County and any of its boards, commissions, officers, and employees to attack, set aside, void, or annul the approval of permit applications when such claim or action is brought within the period provided for any applicable State and/or local statutes or from facility operations. The County shall promptly notify the carnet of any such claim, action, or proceeding.

(3)

The applicant shall provide a copy of a title report or other legal instrument demonstrating legal access to the project site.

(4)

Co-located facilities are permitted without the requirement for a Use Permit when facilities are proposed to be added to existing facilities, little or no physical expansion beyond the area of existing facility site disturbance is necessary, and the proposed facilities will not have detrimental effects to surrounding properties, the environment, or human health. The Planning Director shall retain the right to determine whether proposed co-located facilities meet this criteria.

(5)

Co-location is required when feasible and when it minimizes adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors. Co-location is not required when it creates or increases such effects and/or technical evidence demonstrates to the satisfaction of the Planning Director that it is not feasible due to physical, spacial, or technological limitations. Fiscal constraints or competitive conflicts are not considered justifiable reasons for not co-locating a new facility where the opportunity for co-location exists.

(c)

Location of wireless communications facilities. Facilities shall be sited to avoid or minimize land use conflicts. None shall be sited in a location where it will unreasonably interfere with the operation of any County airport.

(d)

Definitions.

(1)

"Co-location" means a telecommunications facility comprising a single structure used to support multiple antennae operated by different carriers.

(2)

"Shared-location" means more than one telecommunications facility comprising multiple structures used to support antennae operated by one or more carnets where such structures are within proximity to each other.

(3)

"Wireless communications facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennae, microwave dishes, and other types of equipment for the transmission of such signals, telecommunications towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development.

(e)

Lighting. Applications for wireless communications facilities shall include a lighting plan including the location and type of all exterior lighting fixtures. Facilities shall be unlit, except as follows:

(1)

Manually operated or motion-sensing, low wattage, hooded or downward-directed exterior lighting shall be permitted for safety purposes only and shall not be lit except when maintenance or safety personnel are present.

(2)

As required under Federal Aviation Administration regulations.

(f)

Access and roadways. Wireless communications facilities shall be served by the minimum roads and on-site parking necessary, as follows:

(1)

Whenever feasible, existing roads and parking areas shall be used to access and service new facilities. Roads shall be maintained to standards required upon the establishment of the use.

(2)

Any new roads or parking areas constructed shall be shared with subsequent telecommunications facilities and/or other permitted uses to the extent feasible.

(3)

New access roads or parking areas shall have the minimum width and surfacing necessary to meet fire safety and access needs.

(4)

Disturbed surfaces shall be designed to avoid drainage and erosion problems.

(g)

Vegetation. Wireless communications facilities shall be installed in a way that maintains and enhances existing vegetation to the extent feasible. Where appropriate, additional landscaping may be required to screen the proposed facility visually. Vegetation protection and facility screening shall be accomplished through the following measures:

(1)

Applications for facilities shall include a landscape plan that shows the size, type, and location of existing vegetation, and any vegetation proposed for removal or trimming. Emphasis of the landscape plan should be to screen the proposed facility visually and stabilize the soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible with the predominant natural setting of the project area.

(2)

Existing trees and other screening vegetation near the proposed facility and associated access roads shall be protected from damage during and after construction.

(3)

All vegetation disturbed during project construction shall be replanted with compatible vegetation. Soils disturbed by development shall be reseeded to prevent soil erosion.

(4)

No vegetation shall be removed after project completion except to comply with local and State fire safety regulations or to prevent safety hazards to people and damage to property or operational impairment.

(5)

Lease area shall be sufficiently sized to include vegetative screening and must include provisions for the protection and maintenance of such screening.

(h)

Noise and traffic. Wireless communications facilities shall be constructed and operated in a way that minimizes noise and traffic impacts on nearby residents and the public. Noise and traffic reduction shall be accomplished through the following measures:

(1)

Facilities shall operate in compliance with the noise exposure standards contained in the County's Noise Element. Backup generators shall comply with the same noise standards and shall only be operated in emergencies or for routine testing and maintenance.

(2)

Normal maintenance and testing activities shall occur between the hours of seven a.m. and six p.m., excluding emergencies.

(3)

Traffic resulting from the installation, operation, and maintenance of a wireless communications facility must be kept to a minimum.

(4)

Applicants may be required to submit a development schedule if nearby property owners may be inconvenienced during construction.

(i)

Visual compatibility and facility site design. Wireless communications facility structures and equipment shall be sited, designed, and screened to blend with the surrounding natural or built environment to reduce negative visual effects. Visual compatibility shall be accomplished in the following manner:

(1)

Applications for new facilities shall include a visual analysis of the proposed facility at design capacity, including but not necessarily limited to, a photo montage or photo simulation or other similar display. The visual analysis shall address views from public vantage points and private residences if deemed appropriate by the Planning Director. The visual analysis may be expanded to include alternative locations within the proposed service area.

(2)

Where visible from adjacent residences or public vantage points, base stations, equipment cabinets, backup generators, and other equipment shall be screened, fenced, landscaped, or otherwise treated architecturally to minimize its appearance from off site locations and to blend with the surrounding natural and built environments visually. Exterior building materials of a color to match the surrounding natural or built environment shall be used for all facilities.

(3)

Facility sites should be avoided where identified historic, cultural, or archaeologic resources exists.

(4)

No advertising signage or identifying logos shall be placed on any facility, except small identification plates used for emergency notification.

(5)

If a facility becomes obsolete or is otherwise no longer needed, service providers shall provide the County a copy of the notice to the Federal Communications Commission of intent to cease operations. All related facilities shall be removed within one year of cessation of operation at the owner's expense, as described in subsection (b)(1) of this section.

(j)

Applicability. The County shall not unreasonably discriminate among providers of functionally equivalent services nor shall it prohibit or have the effect of prohibiting the provision of wireless communications services.

(1)

The County shall act on any request for authorization to place, construct or modify wireless communications facilities within a reasonable period of time after the request is duly filed taking into account the nature and scope of the request.

(2)

Any decision by the County denying a request to place, construct, or modify wireless communications facilities shall, in writing, be supported by substantial evidence (findings).

(3)

Any person adversely affected by any action or failure to act by the County that is inconsistent with this section may, within thirty (30) days after such action or failure to act, commence an action in any court of competent jurisdiction.

(§ 1, Ord. 9806, eff. April 9, 1998)

The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the keeping of certain domesticated livestock (sheep, alpaca, llamas, goats and the like) and horses (including mules and donkeys) in the RES-1 Zoning District to protect and promote the public health, safety, and general welfare of the County.

(a)

No person shall keep, maintain or board livestock (sheep, alpaca, llamas, goats and the like) and horses (including mules and donkeys) in the RES-1 Zoning District unless an Administrative Permit has been approved subject to the provisions herein:

(1)

Any person wishing to keep animals regulated by this section shall file for an Administrative Permit with the Planning Department and shall be accompanied by maps, plans, drawings, photographs, application fee and other pertinent information necessary for their proper consideration.

(2)

An administrative review shall be conducted upon any Administrative Permit application. Notice thereof shall be given in the same time and manner provided by law to all owners of property within 300 feet of the parcel upon which the administrative permit is requested.

(3)

The Planning Director is authorized to approve, conditionally approve, or deny the issuance of an Administrative Permit. The Planning Director may grant all or part of the proposal of which the Administrative Permit is sought.

(4)

Administrative Permits shall not be issued until ten (10) days have elapsed from the granting thereof and, in the event an appeal is filed, shall not be issued until a decision has been made by the appropriate decision-making body.

(5)

The Planning Director may refer an administrative permit applied for herein directly to the Planning Commission for formal action.

(6)

An administrative approval, conditional approval, or denial by the Planning Director may be appealed in writing to the Planning Commission within ten (10) days from the date of the administrative action, accompanied by a fee set by the Board.

(b)

The following are the minimum standards required by this Section:

(1)

The minimum lot size shall be five (5) acres.

(2)

Agricultural structures designed for the housing of the animals regulated by this section shall be setback a minimum of fifty (50) feet from any property line.

(3)

In approving the number of animals, consideration of accepted animal husbandry practices shall be given.

(4)

The installation and/or maintenance of any necessary fencing shall be the responsibility of the applicant.

(5)

Any additional requirements and conditions that have been determined necessary as part of the approval process.

(Ord. No. 12-09, § III, 4-10-2012)