Susanville, CA Zoning Ordinance

Susanville City Zoning Code

CHAPTER 17

104 GENERAL PROVISIONS, CONDITIONS, EXCEPTIONS AND SPECIAL USES

§ 17.104.010 Regulations 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 geographic 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 the following sections may be located in most or all zone districts, subject to the specified limitations and requirements, unless the use directly conflicts with a specific district regulation subject to the approval of a use permit unless otherwise provided for in a zone district. All regulations in this chapter pertaining to the districts established in Chapters 17.12 through 17.92 of this title are subject to the general provisions, conditions, exceptions and special uses contained in this chapter.

(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)

§ 17.104.020 Public uses and public utilities.

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.

(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)

§ 17.104.030 Uses permitted with a residence or in selected residential districts.

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 chapter may be permitted in conjunction with residential uses, subject to the criteria and limitations specified herein.

(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)

§ 17.104.040 Senior citizen residence "granny" housing.

A senior citizen residence may be constructed on a lot, in addition to a permitted single-family residence, provided:

It shall be attached to or detached from, a primary residence on a parcel zoned for a single-family residence;

The area of the attached unit shall not exceed 30% of the floor space of the existing living area;

If detached, it shall not exceed 1,200 square feet of floor space;

It shall not be a mobile home, nor shall the senior citizen residence be attached to a mobile home;

Off-street parking shall be provided as specified in Section 17.100.140(A);

All site development standards required by the district in which the unit is located shall be met;

There shall be an existing dwelling unit, and only one dwelling unit, on the lot prior to construction of the senior unit; and

The sole occupancy of the dwelling unit shall be for one adult or two adult persons who are 62 years of age or over.

(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)

§ 17.104.050 Second dwelling units.

A second single-family dwelling unit may be constructed in the R-1, R-2 and R-3(A) zone districts provided:

The second unit shall not be sold or offered for sale separately from the primary residence but may be rented;

The lot contains an existing single-family dwelling and there are no other dwellings on the lot;

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. For purposes of this chapter, a second unit shall be considered a residential accessory building. If the second unit is not attached to the main building, it shall be considered to be a detached accessory building;

The increased floor area of an attached second unit shall not exceed 30% of the existing living area, unless a use permit is obtained;

The total area of floor space for a detached second unit shall not exceed 1,200 square feet;

The height, setbacks, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone district in which the property is located shall be met;

Only one second unit shall be permitted on any one lot;

Establishment of a second unit shall not add to, increase, or create a nonconforming use or structure, unless a use permit is obtained;

The primary residence and proposed second unit must be located on a lot containing a minimum of 6,000 square feet;

The second unit must be constructed on a permanent foundation;

The applicant for a second unit shall be an owner-occupant of the primary dwelling unit unless a use permit is obtained;

Required parking for a second unit shall be one space per bedroom, not to exceed two spaces per second unit. Parking spaces for detached second units shall be covered. Parking for attached second units may be uncovered;

Applications for second units shall be reviewed in accordance with standard procedures of an architectural and site plan review and approved with an administrative permit with a fee set by city council resolution.

(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)

§ 17.104.060 Home occupations.

Statement of Intent. Recognizing that unrestricted use of residential properties for purposes of an occupational nature other than that normally associated with home living has a detrimental effect on both the residential area in which the occupations are conducted and the areas properly designated for such uses, and further recognizing that this detrimental effect results in the depreciations of value, welfare, happiness and morale of the entire community, it is the purpose of this section to eliminate this detrimental effect by creating criteria for the establishment of, and conditions for the continuance of, home occupations.

General Requirements. The establishment and conduct of home occupations shall comply with the following criteria:

Electrical or mechanical equipment which creates noise in excess of that normally associated with residential uses is prohibited. Except as noted in this subsection, electrical or mechanized equipment shall be used and stored only within a completely enclosed building. One piece of mechanized equipment, which may include a trailer with several pieces of equipment and/or a motorized vehicle with the equipment placed thereon, for off-site use that is only stored at the residence is allowed if it does not interfere with required parking and does not create a visible nuisance to the neighborhood;

A home occupation shall not create greater vehicular or pedestrian traffic beyond that which is normal in a residential district nor in any case require the parking of more than one additional vehicle at any time;

Storage or display of goods and materials shall be inside an enclosed building, not visible from the public right-of-way and shall not include flammable, combustible or explosive materials other than those customary to household uses;

A home occupation shall not occupy more than 49% of the gross floor area of the dwelling unit or one room, whichever is greater; (this provision also applies to home occupations located in an attached or detached accessory building;)

A home occupation shall be conducted only within an enclosed area of the dwelling unit, garage or accessory building and shall not be permitted out-of-doors on the property or in any space utilized to satisfy the off-street parking requirements for the primary use of the property;

In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use (either by color, materials or construction, lighting, signs, sounds, odors, noises, vibrations, etc.);

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes as defined in the district;

Except as provided above, not more than one commercial vehicle, together with equipment, tools and stock-in-trade maintained therein, is permitted where such motor vehicle is used as the owner's means of transportation;

There shall be no signage allowed on the site for the advertising of the home occupation, except as may be permitted in Chapter 17.128, except that a commercial vehicle permitted herein may have signs affixed which identifies the business name;

10.

The following examples are of uses that would be acceptable as home occupations as long as they conform to the home occupation general requirements as listed above: low volume office, beauty shop, seamstress, instruction, word processing and other computer applications, door-to-door sales, cottage food operation, and contractor's office where equipment and materials are chiefly stored at a separate location;

11.

The following trades, uses and occupations, by way of example, but not limitation, would not be acceptable as homes occupations in residential districts:

Motor vehicle repair, restoration or conversion, engine repair or similar uses,

Building contractor, unless the dwelling is used for an office only,

Medical facilities for animals including animal care or boarding facilities,

Machine shop/metal working,

Cabinet making,

Sawmill or lumber yard,

Body piercing and/or painting and/or tattoos,

Escort services,

Bail bonds,

Any use or activity prohibited by local, state, and/or federal law;

12.

A home occupation permit may be issued in any zone district where a residential dwelling unit exists, unless specified otherwise in this code, as long as the criteria listed above is met.

Procedure.

Application. An application for maintaining a home occupation shall be filed with the finance director on forms provided by the finance department. Anyone desiring to make a formal application for a home occupation shall include the following information:

The location and address of the proposed occupation;

The nature of the home occupation; and

Signatures of five households in immediate vicinity that would be most affected.

Filing Fees. When the application for a home occupation is filed, a uniform fee shall be paid to the city for the purpose of defraying the costs incidental to the proceedings; filing fee shall be set from time to time by council resolution.

Review and Investigations (Decisions). The city community development director shall review the application, shall consult with those departments of the city which might have interest in, or jurisdiction over, some phase of the proposed occupation, shall make any necessary investigation, and shall grant or deny a certificate therefore provided the conditions and criteria set forth in this section are met. A record of all certificates issued shall be kept on file in the office of the finance director.

Decision Final. The decision of the community development director shall be final and shall become effective 10 days after the date the decision is mailed or personally delivered to the applicant, unless an appeal is filed with the planning commission.

Appeals. Any person or body, public or private, may appeal the decision of the city community development director to the planning commission. Such appeal shall be filed with the finance director within 10 days after the date the decision is mailed or personally delivered to the applicant. Upon the receipt of such an appeal, the finance director shall forward the appeal application to the community development department to be placed on the next possible planning commission agenda for consideration.

The decision of the planning commission shall be final.

At such time as a home occupation certificate has been granted, the community development director shall notify the finance director of such fact, stating in such notification the effective date of the certificate.

Nontransferable. A home occupation permit granted in accordance with the provisions of this section shall not be transferred, assigned, or used by any person other than the permittee, nor shall such permit authorize such home occupation at any location other than the one for which the permit is granted.

Whenever the community development director determines that one or more grounds exist for revocation of a home occupation permit, the planning commission may set the matter for hearing before it by resolution of intention to revoke the home occupation permit, in accordance with Section 17.112.040.

Home occupations which do not meet the criteria set forth in this section may be permitted subject to the approval of a conditional use permit pursuant to Chapter 17.112; provided, however, that the fee for such conditional use permit for a home occupation shall be double the amount set by city council resolution for a home occupation permit, and the decision shall be made by the community development director. A conditional use permit for a home occupation will not be granted if the community development director finds that the proposed use is objectionable or incompatible with the character of the neighborhood due to noise, dust, odors, traffic congestion or other undesirable characteristics. If a conditional use permit for a home occupation is granted, the community development director may waive or modify any of the requirements of this section and may impose such other conditions as it deems necessary or proper to implement the purposes of this chapter. Notification of the request shall be made by the applicant to property owners within 100 feet of the external boundaries of the subject property. A determination shall be made by the director within 30 days after the application is filed. In determining a home occupation conditional use permit, the director may approve, conditionally approve, or deny a home occupation permit. The decision of the director may be appealed to the planning commission, and then to the city council, if applicable, in accordance with subsection (C)(5) of this section.

(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006; Ord. 08-957 § 2, 2008; Ord. 13-989 § 1, 2013)

§ 17.104.070 Child day care home.

A childcare home use may be established in addition to a permitted residential use, provided:

It provides care for up to 14 children with the maximum number of children at any time being 14. This includes the licensee's children under the age of 10 and all other children under the age of 18;

It may be located in a single-family residence or mobile home;

No signs are permitted;

All fire safety requirements shall be met, including a fire safety clearance by the State Fire Marshal;

A parking and loading area shall be provided. The loading area may be located in a front or side yard that typically is used as a driveway that leads to a garage or parking area. The parking and loading area shall be paved;

A fence or wall subject to the height limitations of Section 17.96.030 may be required to provide appropriate buffering, security or safety considerations, as determined by the planning commission; and

A minimum of 20% of the lot area shall be useable open space.

(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006; Ord. 24-1044, 9/18/2024)

§ 17.104.080 Bed and breakfast guest facility.

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

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

The owner shall occupy the primary residence;

The guest rooms shall not have individual kitchen facilities;

Meals shall be limited to breakfast only for overnight guests;

One sign as provided for in Section 17.128.060 shall be permitted;

Off-street parking shall be provided as specified by Chapter 17.100. The parking area shall be located in an inconspicuous area and shall be surfaced to city standards;

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

No employees are permitted other than those residing in the principal or primary dwelling unit; and

The maximum length of stay shall be 30 days.

(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)

§ 17.104.090 Temporary permits for one-day retail sales, Christmas tree lots, fireworks sales and short-term shopping center parking lot activities and sales.

Permits for the following:

One-day retail sales, such as sidewalk sales;

Christmas tree sales;

Fireworks sales;

Activities that:

Are a less intense use than those identified in Section 17.104.100 (and it is specifically determined that a small-scale "kiddie carnival" is not of the substantial use indicated in Section 17.104.100); and

That take place on nonresidential property; and

That continue for four days or less shall be obtained from the office of the city clerk, and application therefore shall be made in writing on a form for such purpose, to be accompanied by a fee to be set by resolution of the city council. If the permit is for activities mentioned in subsection D of this section, then a certificate of insurance in the sum of one million dollars ($1,000,000.00) shall also be provided to the city as evidence of public liability insurance for the activity. Approval or denial of the permit shall be made by the city clerk. All permits require the signature of the city clerk. The permits shall contain limitations on operating hours and limitations on light and noise when appropriate. The permit shall contain a prohibition against alcohol being served during the activity unless written authorization from the State Alcohol and Beverage Control Board authorizing same is provided to the city. The city clerk shall give the original permit with his or her signature thereon to the permittee, and the permittee shall post same at the premises where the permit activity takes place. A copy of the permit shall be kept in the city clerk's office records.

(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)

§ 17.104.100 Special uses-Use permit required.

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 defined in this title, and therefore the authority for and location of the operation of any of the uses designated herein shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 17.112 hereof. In addition to the criteria for determining whether or not a use permit should be issued as set forth in Chapter 17.112, the planning commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding areas:

Damage or nuisance from noise, smoke, odor, dust, or vibration;

Hazard from explosion, contamination or fire;

Hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles. The uses referred to herein are as follows:

Airports, heliports and landing fields,

Cemeteries,

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

Amusement parks and race tracks,

Circus or carnivals,

Public buildings, parks, and other public recreational facilities,

Recreational facilities, privately operated;

The mining of natural mineral resources including the exploration, extraction and processing of minerals, rock, sand, gravel, topsoil or steam for commercial purposes and accessory buildings and uses may be allowed, provided a use permit is issued in each case except that gravel crushing and asphalt and cement batch plants shall be located only in industrial districts. This provision shall not apply to: the onsite excavation or removal of materials preparatory to building construction, or where such removal is motivated by land leveling as its prime objective; nor to the area within the designated floodway of waterways in which gravel removal is prohibited. The provisions of the Surface Mining and Reclamation Act shall apply to all mineral extraction activities.

(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)

§ 17.104.110 Susanville multi-unit objective design standards.

Multifamily dwellings including fourplexes that contain four or more dwellings per structure or more than four dwellings per lot shall conform with the following development standards.

Site Layout and Design.

Natural Features. Existing natural features such as trees, rivers, streams, ponds, hillsides, rock formations, and native vegetation shall be incorporated into landscaping plans. All cultivation of medical marijuana within the city shall be subject to the provisions of this section.

Alternative Energy Applications. All structures shall be designed to allow for the installation of alternative energy technologies including, but not limited to, active solar, wind, or other emerging technologies, and shall comply with the following standards.

Installation of solar technology on structures such as rooftop photovoltaic cell arrays shall be installed in accordance with the State Fire Marshal safety regulations and guidelines.

Roof-mounted equipment shall be located in such a manner so as to not preclude the installation of solar panels.

Clustering. In a development with five or more structures, the structures shall be clustered into groups of a minimum of two structures to maximize common open space.

Pedestrian/Bicycle Circulation.

All structures, facilities, parking areas, amenities, and common areas shall be internally connected by pedestrian pathways with a minimum width of three feet.

Pedestrian pathways shall be separated from parking areas by landscaping, curbs, or other edge treatments.

Pedestrian pathways shall be directly connected to adjacent public sidewalks on each street frontage.

Bicycle Parking. For all projects, 0.5 Class II bicycle parking spaces (i.e., inverted U-rack, ribbon rack, wave rack) are required per dwelling unit.

Service Areas and Auxiliary Structures. Service areas and auxiliary structures (i.e., trash receptacles, propane, gas and oil tanks, utility boxes) shall be fully screened from public street view with the following development standards:

Opaque walls or fencing made with materials and color palette submitted as part of the project application.

Landscaping.

Vehicle and pedestrian access gates.

The following materials are prohibited for any on-site service areas and auxiliary structures:

Cyclone or chain link;

ii.

Vinyl; and

iii.

Barb wire, razor wire.

Setbacks.

Front yard setbacks along a street right-of-way shall reflect the average setback of existing adjacent residential structures within 200 feet, which may be greater than those set in each zone district. Modulated or varied building setbacks shall be considered if they avoid the creation of a monotonous streetscape.

Structures greater than one story or 20 feet in height, whichever is greater, adjacent to single-story residential dwellings shall be set back from property lines by at least one times the height of the multi-unit structure.

Sight Distance Area. Development proposed adjacent to any public or private street or alley intersection shall be designed to provide a sight distance area for pedestrian and traffic safety.

Measurement of Sight Distance Area. A sight distance area shall be measured as follows:

Corner Parcels. On corner parcels, the sight distance area shall be formed by a 90-degree triangle with two sides measuring 30 feet along both the front and side street curb lines, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See figure under Subsection ii below.

ii.

Parcels Containing or Abutting a Right-Of-Way Easement, Private Drive, or Alley. On parcels containing or abutting a parcel containing a right-of-way easement, private drive, or alley, the sight distance area shall be formed by a 90-degree triangle with two sides measuring 15 feet along each side of the right-of-way easement, private drive, or alley and the street curb line abutting the roadway, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See figure below (Sight Distance Area).

Height Limit. No structure, sign, landscape element, or fence shall exceed 24 inches in height within the sight distance area, except for trees with their canopy trimmed so that no branches extend lower than six feet above the curb grade.

Maintenance. The sight distance area shall be continuously maintained by the individual property owner(s) in compliance with the standards established in this section.

Architectural Design.

Building Color.

All structures in a project shall include one primary color and no more than two accent colors, in addition to the color of the roofing material.

Each structure elevation shall include two colors within the color palette submitted as part of the project application.

Building Material.

The following highly-reflective structure materials are prohibited as exterior materials or as roofing. Highly reflective materials include:

Any zinc or Zinc-Aluminum coated sheet or polished metal;

ii.

Stainless steel;

iii.

Aluminum;

iv.

Copper sealed against oxidation;

Glazed terra cotta tiles; and

vi.

High gloss paint finishes with a light reflectance and/or chroma value exceeding 50%.

For structures over three stories, at least two materials shall be used, in addition to glazing and railings. Any one material must comprise at least 20% of the structure.

Fences and Walls. The following materials are prohibited for all fences and walls:

Electrified;

Barb wire/razor wire;

Sharp objects such as spires and glass;

Cyclone or chain link; and

Vinyl.

Rooftop Equipment. Rooftop mechanical equipment shall be screened from view with either using a building parapet or opaque materials.

Structure Massing. Structures that have a length longer than 30 feet shall include facades with varying modulation with a minimum of two feet at intervals of no more than 10 feet.

Parking, Landscaping, Open Space, and Lighting.

Open Space. The following development standards apply to multi-unit developments with four or more dwelling units.

Public open space. Projects shall provide open space areas and/or community site amenities. Functional open space areas and community site amenities shall exclude areas required for zoning setbacks.

Public Open Space. Public open space areas shall include a minimum of two of the following amenities equivalent to a minimum of 200 square feet per dwelling unit.

Courtyard/Garden with seating and/or tables for up to eight people.

Pergola, shade, trellis, or arbor structure not taller than 10 feet.

BBQ area with a minimum of two fixed barbeques and tables.

Sports Court (i.e., bocce ball, table tennis, badminton, tennis, pickleball basketball, volleyball).

Splash pad no smaller than 50 square feet.

In-ground swimming pool or above-ground and/or in-ground hot tub.

Open lawn area(s) with no dimension less than 10 feet.

Community room (i.e., library room with bookshelves and seating for at least five people, media room with television and seating for at least 10 people, game room with at least two game tables or consoles, gym/fitness room with at least five pieces of gym equipment, co-working space with wi-fi, tables and seating for at least eight people.

ii.

Connections. Public open space areas shall be directly connected to all interior space areas (i.e., community room, recreation room, exercise center), trash and recycling enclosures, laundry facilities (if applicable), structure entrances, parking areas, and mail delivery areas by pedestrian-oriented pathways.

iii.

Landscaping. A minimum of 15% of the required public open space shall be landscaped with materials and planting consistent with the standards in Section 17.96.040 and the subject parcels underlying base zone landscaping requirements.

Private Open Space. Each dwelling unit shall have outdoor space designed for the exclusive use of that dwelling unit in accordance with the following standards:

Ground Floor Units. Each ground floor dwelling unit shall include a minimum of 40 square feet of private open space in the form of a covered or uncovered patio to allow for light, air, and privacy.

ii.

Above Ground Floor Units. Each above ground floor dwelling unit shall include a minimum of 40 square feet of private open space in the form of a terrace, balcony, or rooftop patio to allow for light, air, and privacy.

Exterior Lighting.

Pedestrian-oriented bollard lighting no higher than three feet shall be provided in active pedestrian areas for safety and security. For the purpose of this standard, active pedestrian areas are defined as internal walkways between structures and amenities, walkways adjacent to parking areas, and walkways connecting to the public right-of-way.

Area lighting shall be shielded downward to reduce light pollution in adjacent properties.

Pedestrian pathway lighting features shall not exceed eight feet in height and shall have minimum illumination levels of 0.5 foot-candles at the pathway surface.

Lighting features in parking, storage, and recreational areas shall not exceed 20 feet.

Landscaping. Landscaping standards shall be in accordance with City standards in Section 17.96.040.

Parking. The number of parking spaces required per project shall comply with the underlying base zone parking requirements (17.100.140) and the following development standards:

Parking Lot Design and Location.

For multi-unit development projects greater than four dwelling units, surface parking areas shall not be located between the structure(s) and the primary street frontage.

ii.

Parking areas within a site shall be internally connected and use shared driveways.

Parking Lot Landscaping. Landscaping standards shall be in accordance with city standards in 17.96.040.

(Ord. 06-932 § 1, 2006; Ord. 24-1044, 9/18/2024)

§ 17.104.120 Medical marijuana dispensaries.

"Medical marijuana dispensary" means any facility or location where medical marijuana is made available to and/or distributed by or to three or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

Medical marijuana dispensary is a prohibited use in all zones. Furthermore, no conditional use permit, or temporary permit or permit of any nature, shall be issued for such prohibited use.

(Ord. 05-919 § 2, 2005)

§ 17.104.130 Garage conversions.

An existing residential garage may be converted to an alternate use allowed by zoning if the following requirements are met:

An administrative permit and a building permit are issued;

The equivalent number of parking spaces being converted to nonparking uses shall be provided elsewhere on the lot. These spaces may be covered or uncovered and shall be located on a paved or graveled surface. This area can include an existing driveway or parking pad but cannot include conversion of landscaped areas between the primary dwelling and the street in the front yard setback. Tandem or side-by-side parking is allowable;

The conversion must be designed to be architecturally compatible with the rest of the residential structure, as determined by the building official;

All applicable building codes apply to the conversion;

Exceptions to these requirements require a residential use permit.

(Ord. 10-973 § 1, 2010)

§ 17.104.140 Cultivation of marijuana.

Applicability.

Nothing in this section is intended, nor shall be construed, to burden any defense to criminal prosecution under the CUA.

All cultivation of medical marijuana within the city shall be subject to the provisions of this section.

Any medical marijuana cultivation that legally occurred prior to the effective date of the ordinance codified in this section does not have nonconforming rights provided in Chapter 17.108.

Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"Cultivate" or "cultivation"

means the planting, growing, harvesting, drying, or processing of one or more marijuana plants or any part thereof in any location, indoor or outdoor, including within an allowable structure.

"Marijuana"

has the same definition as set forth in California Health and Safety Code Section 11018.

"Medical marijuana"

means marijuana used for medical purposes in accordance with the Compassionate Use Act (California Health and Safety Code Section 11362.5) and the Medical Marijuana Program Act (California Health and Safety Code Section 11362.7 et seq.).

Prohibition of Medical Marijuana Cultivation. No person may engage in the cultivation of medical marijuana in the city of Susanville. It is hereby declared to be unlawful and a public nuisance for any person or persons owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the city to cultivate medical marijuana or to permit the cultivation of medical marijuana on property under their control.

Enforcement.

In the case of a continuing violation, each day's violation shall be deemed a separate violation.

Upon written notice, any violation of this section shall be abated within 36 hours.

Violations of this section are declared to be public nuisances and may be abated in accordance with the procedures and remedies specified in Chapters 8.36 and 8.40 of this code.

Any person who violates any provision of this section is also guilty of an infraction subject to enforcement pursuant to Chapter 1.12 of this code.

In addition to any other remedies provided by law, the city council or its authorized representative acting for and on behalf of the council may institute injunction, mandamus, abatement, or any other appropriate civil proceedings to prevent or temporarily or permanently enjoin or abate the violation of any provisions of this section.

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

Remedies Cumulative. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.

(Ord. 15-1002 § 3, 2015)