The regulations set forth in this article shall apply in the Fault-Rupture Zone Overlay District. The FRZ Overlay District, where applicable; shall affect all other Zoning Districts.

(§ 1, Ord. 93-31, eff. August 10, 1993)

The ordinance codified in this article is adopted pursuant to the Alquist-Priolo Special Studies Zones Act of 1972 which holds local governments responsible for implementation through the adoption of zoning laws, ordinances, rules and regulations of the various provisions of the Act. The Alquist-Priolo Act established Special Study Zones that encompass all potentially and recently active fault traces. The Act further regulates development near active faults so as to mitigate the hazard of surface fault-rupture.

Accordingly, it is declared:

(a)

That those regions of Siskiyou County delineated by the Official Maps of Special Studies Zones shall be known as Fault-Rupture Zones and be implemented through an Overlay Zoning District; and

(b)

That it is necessary in the interest of the public health, safety and general welfare, that development within these zones be prevented; and

(c)

That the prevention of such development should be accomplished, to the extent legally possible, by the exercise of the police power.

(§ 1, Ord. 93-31, eff. August 10, 1993)

Except as otherwise provided in this article, all development projects within Fault-Rupture Zones will be regulated consistent with the provisions of the Alquist-Priolo Special Studies Zones Act and the policies of the State Mining and Geology Board.

Accordingly, it is declared:

(a)

That no structure for human occupancy, other than those defined in Section 10-6.5704 of this article, shall be permitted to be placed across the trace of an active fault or within fifty (50') feet of such faults as indicated by a Fault-Rupture Zone; and

(b)

That no change in use or character of occupancy which results in the conversion of a building or structure from one not used for human occupancy to one that is so used, shall be permitted unless the building or structure complies with the provisions of this article; and

(c)

Any application for a development permit within the Fault-Rupture Zone for any project, including any subdivision of land which is subject to the Subdivision Map Act which contemplates the eventual construction of structures for human occupancy, shall be accompanied by a geologic report prepared by a geologist registered in the State of California which is directed to the problem of potential surface fault displacements through the project site.

(§ 1, Ord. 93-31, eff. August 10, 1993)

The following uses do not constitute a "project" as defined by the Alquist-Priolo Act and as such are not subject to development limitations outlined in Section 10-6.5703:

(a)

Single-family wood frame dwellings to be built on parcels of land for which geologic reports have been approved pursuant to Section 10-6.5706 of this article;

(b)

A single-family wood frame dwelling not exceeding two stories when such dwelling is not part of a development of four or more such dwellings;

(c)

A mobilehome whose body width exceeds eight (8') feet shall be considered to be a single-family wood frame dwelling not exceeding two (2) stories;

(d)

This article shall not apply to alterations or additions to any structure within a Fault-Rupture Zone the value of which does not exceed fifty (50%) percent of the value of the structure.

(§ I, Ord. 93-31, eff. August 10, 1993)

(a)

Regulations not retroactive. The regulations prescribed in this article do not apply to structures permitted prior to the adoption of the ordinance codified in this article; furthermore

(b)

The provisions of this article, and the provisions of the Alquist-Priolo Special Studies Zones Act do not apply to any development to a structure in existence prior to March 4, 1975.

(§ 1, Ord. 9331, eff. August 10, 1993)

Geologic reports shall be based on a geologic investigation designed to identify the location, recency and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geologic or geotechnical reports. Accordingly, it is declared:

(a)

A geologist registered in the State of California, within or retained by the County, shall evaluate the geologic reports required herein and advise the County.

(b)

One (1) copy of all such geologic reports shall be filed with the State Geologist by the lead agency within thirty (30) days following the report's acceptance. The State Geologist shall place such reports on open file.

(c)

All such geologic reports shall be prepared by a geologist registered in the State of California and shall be reasonably consistent with the Guidelines for Geologic Reports, established by the State Mining and Geology Board.

(§ 1, Ord. 93-31, eff. August 10, 1993)

Consistent with the regulations set forth in the Alquist-Priolo Act, if the County finds that no undue hazard of fault-rupture exists at the project site, the geologic report on such hazard may be waived with the approval of the State Geologist. The waiver form shall follow the format established by the State Geologist and shall be submitted to the State Geologist after it is completed by the County Geologist and the project applicant, accompanied by supporting statements and data in writing that would justify approval of the waiver request.

(§ 1, Ord. 93-31, eff. August 10, 1993)