A.

An accessory use or structure is permitted only when it is subordinate and incidental to the primary structure or use to which it is related.

B.

An accessory use or structure shall not alter the character of the site from that created by the primary use or structure.

C.

An accessory use or structure shall be located only on the same parcel as the primary use or structure to which it is related.

D.

An accessory use or structure shall not be constructed or established until construction of the primary structure is completed or the primary use is established.

E.

An accessory structure attached to a primary structure shall be considered a part of the primary structure and shall comply with all standards and regulations applicable to the primary structure.

(Ord. of 6-28-2022)

The Director shall determine if a proposed accessory use is necessarily and customarily associated with, and incidental and subordinate to the primary use of the base zoning district.

(Ord. of 6-28-2022)

The following standards apply to residential accessory buildings and structures without living quarters. Examples of such residential accessory structures include detached garages, storage sheds, private workshops, guest cottages, pool houses, hobby rooms, game rooms, gazebos, shade structures, covered patios, outdoor kitchens, ground mounted solar arrays that serve the residence, and other similar structures.

The following standards also apply to nonresidential accessory structures. Examples of nonresidential accessory structures include barns, animal enclosures, shade structures, private recreational facilities, storage buildings, ground mounted solar arrays that serve private agricultural uses, and other similar structures.

A.

Buildings and Structures

1.

Accessory buildings or structures located within a required rear yard shall cumulatively occupy no more than 50 percent of the required rear yard area, up to a maximum of 1,000 square feet in total floor area.

2.

Accessory buildings or structures not exceeding 15 feet in height and located more than 70 feet from the street corresponding to the designated front yard, shall maintain a minimum setback of 3 feet from any interior side or rear property line. For such structures located less than 70 feet from the street corresponding to the designated front yard, a minimum setback of 6 feet shall be maintained from any interior side or rear property line.

3.

Accessory buildings or structures exceeding 15 feet in height shall be subject to the same setback standards as primary structures in the base zoning district.

4.

A required minimum separation shall be maintained from any other building or structure located on the same lot in accordance with the requirements of the Building Division.

(Ord. of 6-28-2022)

Accessory Dwelling Units (ADUs) shall be ministerially permitted by Zoning Clearance in all zone districts that allow single family or multifamily dwellings, in compliance with Government Code § 65852.2, the requirements of this section, and all other requirements of the applicable zone district in which an ADU is permitted and shall comply with the following standards:

A.

Permit Requirements. A zoning clearance shall be obtained prior to or concurrently with applying for a building permit to establish an ADU. ADUs shall comply with applicable building and fire codes, and demonstrate consistency with the County's adopted septic, well and floodplain ordinances.

B.

Density. As provided by Government Code § 65852.2, ADUs are exempt from the General Plan land use density limitations for the lot on which the ADU is located and is consistent with the General Plan and zoning for the lot.

C.

Timing. An ADU may be established on a lot with an existing or proposed primary residence. On employment zoned land, a property must first have a primary business use occurring in compliance with the Zoning Code. A certificate of occupancy for an ADU shall not be issued prior to a certificate of occupancy for a primary residence or primary business use on employment zoned land. An existing dwelling, complying with the requirements of an ADU, may be redesignated as an ADU, when a new primary residence is proposed, and with the approval of a zoning clearance.

D.

Number of Units. The number of ADUs allowed on a single lot shall be:

1.

One ADU on a lot having an existing or proposed single-family dwelling unit.

2.

One ADU may be established on a lot that contains an existing or proposed multifamily dwelling unit,

E.

Unit Size. Accessory dwelling units shall be limited in size as follows:

1.

On lots with an existing or proposed single-family or multifamily dwelling, the maximum floor area for a detached accessory dwelling unit shall be 1,200 square feet.

2.

On lots where an ADU will be attached to a primary residence, the increased floor area of an attached ADU shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.

3.

On lots where an ADU will be established by converting existing space in a primary residence or an accessory structure, the maximum size of an ADU created through the conversion of existing space shall be the dimensions of the structure plus an addition of no more than 150 square feet to accommodate ingress and egress. An expansion greater than 150 square feet may be permitted up to a maximum unit size of 1,200 square feet.

F.

Lot Coverage. The maximum lot coverage limitation of the base zone district shall be applied unless it would not permit an ADU of 800 square feet, 16 feet in height, meeting four-foot side and rear yard setbacks.

G.

Lot Size. No minimum lot size shall be required; however, compliance with the County's septic and well ordinance may determine a minimum lot size necessary to accommodate an ADU.

H.

Height. ADUs shall be subject to the same height standards of the base zone district provided that the limit is not less than 16 feet.

I.

Setbacks. ADUs shall be subject to the same front yard setback requirements as the base zone district and shall observe a minimum 4 feet side and rear yard setback requirement. Further, no additional setback shall be required for an ADU established from the conversion of existing space within the primary residence or an accessory structure, or for an ADU constructed in the same location and to the same dimensions as an existing accessory structure.

J.

Accessory dwelling units shall not be sold separately from the existing dwelling unit located on the property but may be rented on a month-to-month basis.

K.

No passageway shall be required in conjunction with the construction of an ADU.

L.

An ADU shall not be subject to parking requirements.

M.

Attached ADUs are not considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

N.

If an ADU proposed is the result of the conversion of existing space within an existing single-family residence or accessory structure, it shall not be required to install new or separate utility connections directly between the ADU and the utility or impose a related connection fee or capacity charge.

O.

For an ADU that is not described in subsection N, the County may require a new or separate utility connection directly between the ADU and the utility and the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU based upon either its size or the number of its plumbing fixtures upon the water or sewer system. This fee shall not exceed the reasonable cost of providing this service.

P.

The development impact fee for an ADU shall be 50 percent of the adopted fee established for a dwelling unit in the area proposed; however, no development impact fee shall be collected on an ADU that is less than 750 square feet in size.

(Ord. of 6-28-2022)

Junior accessory Dwelling Units (JADUs) shall be ministerially permitted by Zoning Clearance in all zone districts that allow single family or multifamily dwellings, in compliance with Government Code § 65852.22, the requirements of this section, and all other requirements of the applicable zone district in which a JADU is permitted and shall comply with the following standards:

A.

Permit Requirements. A zoning clearance shall be obtained prior to or concurrently with applying for a building permit to establish a JADU. JADUs shall comply with applicable building and fire codes, and demonstrate consistency with the County's adopted septic, well and floodplain ordinances. The Department shall act on an application to create a JADU within 60-days from the date it receives a completed application if there is an existing single-family dwelling on the lot.

B.

Permit Fees. Construction permits (building, well, septic) shall be required to establish a JADU. A JADU shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, well and septic requirements. Additionally, there shall be no development impact fee collected for the establishment of a JADU.

C.

Timing. A JADU may be established after or concurrently with a single-family residence.

D.

Development Standards.

1.

Number of Units. One JADU is allowed per lot, within a single-family residence.

2.

Unit Size. The floor area of a JADU shall not exceed 500 square feet. If a bathroom is shared with the single-family residence, it shall not be included in the floor area.

3.

Location. A JADU shall be established from space in an existing, fully permitted, or proposed single-family dwelling or garage attached to the single-family residence.

4.

Access. A separate, exterior entrance to a JADU shall be provided.

5.

Bathroom. A JADU may include separate sanitation facilities or may share sanitation facilities with the single-family residence.

6.

Kitchen. A JADU shall include an efficiency kitchen which is a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the dwelling unit.

E.

Use Restrictions.

1.

A JADU may be rented but shall not be sold separately from the single-family residence.

2.

A JADU shall not be rented for periods of less than 30 days.

3.

The owner of the property must reside in either the single-family residence or the newly created JADU.

F.

Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, the property owner shall record a deed restriction containing the following elements:

1.

Prohibits the sale of the JADU separate from the single-family residence.

2.

Specifies the deed restriction runs with the land and is enforceable against future property owners.

3.

Restricts the size and attributes of the JADU to those established by this section and Government Code § 65852.22.

4.

Makes the County a third-party beneficiary of the deed restriction with the right to enforce the provision of the deed restriction.

(Ord. of 6-28-2022)

A cold weather shelter shall be permitted by approval of a Zoning Clearance on a rotational basis at an existing, permitted religious institution, recreation center, or similar facility, subject to the following standards:

A.

Number of Participants. The maximum number of participants that can stay at a single facility is 30 people.

B.

Length of Stay. The maximum length of stay by an eligible participant is 7 days.

C.

Hours of Operation. Eligible participants shall be brought to the participating facility not before 6:00 p.m. and shall depart the facility by 7:30 a.m.

D.

Operations Plan. The participating facility shall prepare and submit to the Director an operations plan describing provisions for: staffing; screening of eligible participants; occupancy schedule; security and no loitering policies; and a transportation plan.

(Ord. of 6-28-2022)

Emergency Shelters shall be located, developed, and operated according to the following standards:

A.

Number of Beds. The number of beds in an emergency shelter shall be in compliance with applicable building and fire codes.

B.

Proximity to Other Emergency Shelters. No emergency shelter may be located within 300 feet of another emergency shelter.

C.

Length of Stay. Occupancy for any one individual in the Emergency Shelter shall be limited to 6 months within any 12-month period.

D.

On-site Waiting and Intake Areas. The Emergency Shelter shall provide on-site waiting and intake areas, such areas shall be located either inside the facility or fully screened from view of the public right-of-way and neighboring properties.

E.

Hours of Operation. Each Emergency Shelter shall establish and maintain set hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the shelter at all times. The shelter operator shall discourage loitering of clients in the vicinity of the shelter during non-intake hours of operation.

F.

Staffing. On-site management shall be provided 24 hours a day seven days a week and accompanied by support staff.

G.

Operations Plan. The shelter operator shall prepare and submit to the Director a written operations plan describing provisions for: staff training; neighborhood outreach; security; screening of residents; resident training, counseling, and treatment programs; and total number of staff by shift.

(Ord. of 6-28-2022)

A.

Home Office. A business limited to the use of a home computer, phone, desk, and related office equipment. Home offices do not involve client visits or employees and deliveries would be no more than what is typical of a residential use.

B.

Cottage Food Operation. A business, pursuant to the California Health and Safety Code, where a cottage food operator resides and where cottage food products (identified on the list of approved cottage food categories established and maintained by the California Department of Public Health) are prepared or packaged for sale to a consumer or third-party retailer.

C.

Minor Home Occupation. A business that includes no outside employees and limited client visits. Types of minor home occupations may include professional offices, one-on-one instruction such as tutoring and music lessons, computer programing; art studios, telephone sales and surveys, domestic services and similar uses.

D.

Major Home Occupation. A business that may include one outside employee and more extensive client visits. Types of major home occupations may include, equipment repair, contractor's office, dog grooming, hairdressing, nail salons, light assembly and shipping, catering, food processing, professional offices and similar uses.

(Ord. of 6-28-2022)

A.

Home Office and Cottage Food Operation. The establishment of a Home Office or a Cottage Food Operation is permitted in all zones allowing residences. Cottage Food Operations must also be approved by the Sutter County Environmental Health Division pursuant to the California Health and Safety Code.

B.

Minor Home Occupations. The establishment of a Minor Home Occupation may be permitted in all zones allowing residences subject to the approval of a Zoning Clearance.

C.

Major Home Occupations. The establishment of a Major Home Occupation may be permitted in all zones allowing residences subject to the approval of a Use Permit.

(Ord. of 6-28-2022)

Home Occupations shall comply with the following standards:

A.

Relationship to Dwelling Unit. The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling unit.

B.

Outdoor Storage Prohibited. Goods and materials associated with a home occupation shall be stored within an enclosed structure. The storage of flammable, combustible, or explosive materials shall be prohibited.

C.

Vehicles. No additional vehicles, except for those that would ordinarily be located at a place of residence, shall be permitted in conjunction with the home occupation.

D.

Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, glare or electrical fluctuation or interference of radio and television reception that is perceptible beyond the property line.

E.

Deliveries. Deliveries and pick-ups for home occupations shall not exceed the volume normally associated with residential uses, shall not interfere with vehicle circulation, and shall occur only between 8:00 a.m. and 8:00 p.m.

F.

Size. Home occupations shall be located within the dwelling unit, attached garage, or detached garage or accessory structure, and shall not occupy more than 25 percent of the gross floor area of the dwelling unit.

G.

Employees. Employees of a Home Office and a Minor Home Occupation shall be limited to the persons residing in the dwelling unit. Cottage Food Operations and Major Home Occupations are allowed one additional person in addition to those residing in the dwelling unit.

H.

Clients. No clients are permitted to visit a Home Office. Not more than six clients per day are permitted to visit a Minor Home Occupation. Not more than 10 clients per day are allowed to visit a Major Home Occupation. Hours for visits shall be between 8:00 a.m. and 6:00 p.m.

I.

Building Code. Minor and Major Home Occupations shall comply with accessibility requirements of the California Building Code, including parking and path of travel into the dwelling.

J.

Parking. Major and Minor Home Occupations shall provide one additional off-street parking space beyond that required for the primary residential use, if a Major or Minor Home Occupation includes an outside employee, a second additional off-street parking space shall also be provided.

K.

Signage. Signage for home occupations shall be subject to Article 21.

(Ord. of 6-28-2022)

Any use or activity that affects the character of the surrounding residential neighborhood by generating more noise, odors, vehicles, storage, or traffic than would be normally expected in a residential zone is prohibited as a home occupation.

(Ord. of 6-28-2022)

The Director may revoke the approval of a home occupation if any of the following applies:

A.

The home occupation has become detrimental to public health, safety, welfare, or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking.

B.

The home occupation does not commence within one year of approval.

C.

The home occupation ceases for a period greater than one year.

D.

The home occupation does not comply with the requirements of this Chapter or any applicable conditions of approval.

(Ord. of 6-28-2022)

This Chapter establishes standards for nonconforming uses and structures. It is the County's intent to allow for the continuation of nonconforming uses and occupancy, maintenance and repair of nonconforming structures, provided that such uses and structures do not impair public health, safety, or general welfare; are compatible with adjacent uses; and do not conflict with implementation of the General Plan.

(Ord. of 6-28-2022)

A.

Nonconforming Use. A nonconforming use is defined as an existing use that is not currently permitted by the existing zoning and/or General Plan designation of the subject property. A nonconforming use may be continued if consistent with the following:

1.

The use was legally established in compliance with all applicable regulations in effect at the time it was established, or pre-exists applicable regulations;

2.

There has been no expansion or intensification of the use except as otherwise provided in this Chapter; and

3.

The use has not been discontinued for a period of 24 consecutive months or more.

B.

Nonconforming Structure. A nonconforming structure is defined as a structure that does not meet the current property development standards of the applicable zoning district such as minimum setbacks, maximum height requirements, etc. Use of the nonconforming structure may be continued and maintained if consistent with the following:

1.

The structure was legally established in compliance with all applicable regulations in effect at the time it was established, or pre-exists applicable regulations;

2.

There has been no alteration, enlargement, or addition to the structure except as otherwise provided in this chapter; and

3.

The structure has not been vacant for a period of 24 consecutive months or more.

C.

Run with the Land. The right to continue a nonconforming use or structure shall run with the land.

D.

Burden of Proof. Any person asserting a right to a nonconforming use or structure has the burden of proof to demonstrate the existence of the use or structure prior to the establishment of the applicable zone or regulation for which it is nonconforming.

(Ord. of 6-28-2022)

A.

Change to Permitted Use. Any nonconforming use may be changed to a use that is principally permitted in the zone district in which it is located provided the use complies with all applicable standards for such use. A nonconforming use changed to a conforming use shall not return to a nonconforming use.

B.

Expansion of Nonconforming Use. The expansion or intensification of a nonconforming use shall require approval of a Use Permit and consistency with the following:

1.

The nonconforming use in a structure that does not conform to the Building Code may not expand the area it occupies until and unless the structure is brought into conformance with all applicable Building Code requirements;

2.

The nonconforming use shall not be expanded or extended onto adjoining property;

3.

The nonconforming use shall be brought into compliance with the parking and loading, fencing and other appropriate sections of this Zoning Code as determined through the Use Permits approval process; and

4.

The expansion of the nonconforming use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area because of noise, odors, dust, glare, vibrations, or other effects.

C.

Re-establishment of Nonconforming Use. The nonconforming use of a building may be re-established in a structure which cannot be used for a conforming use because of the design and construction of the building subject to approval of a Use Permit and consistency with the following:

1.

The nonconforming use has not ceased for a period of 10 years or more;

2.

Notwithstanding other provisions of this Chapter, the approving authority shall not be required to find that the re-established use is consistent with the General Plan; however, the approving authority shall make the finding that the structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50 percent of the structure's value within any 5 year period. This requirement may be satisfied through submittal of a report prepared by an engineer/architect; and

3.

The re-established use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area because of noise, odors, dust, glare, vibrations, or other effects.

(Ord. of 6-28-2022)

A.

Maintenance. Maintenance, non-structural repairs and non-structural interior alterations are permitted to a nonconforming structure as long as the changes and improvements do not enlarge or expand the structure.

B.

Expansion of Nonconforming Structure. The alteration, enlargement or expansion of a nonconforming structure shall require approval of a Use Permit subject to the determination that the altered, enlarged or expanded structure will not be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the surrounding area.

C.

Damaged and Destroyed Nonconforming Structure. A structure that is damaged or partially destroyed by fire, explosion, natural disaster or other calamity may be restored or rebuilt subject to consistency with the following:

1.

The cost of repairs or reconstruction shall not exceed 50 percent of structure's value at the time of damage as determined by the Building Division;

2.

The repaired or reconstructed structure shall not increase the degree of nonconformity in regards to height, floor area, encroachment into setbacks and other property characteristics;

3.

The repairs or reconstruction shall conform to all applicable Building Code requirements; and

4.

A building permit shall be obtained for the repairs or reconstruction within two years after the date of the damage or destruction.

If the cost of repairs or reconstruction exceeds 50 percent of the structure's value at the time of damage, the structure may be rebuilt/restored subject to approval of a Use Permit.

(Ord. of 6-28-2022)

A non-conforming lot that does not comply with the minimum requirements of the zone district in which it is located (i.e. lot width, lot size) may be used for new development if determined consistent with the following:

A.

The new development is in compliance with all applicable development standards of the zone district in which it is located. Deviations to development standards or development of a lot not having public road frontage and no permitted structure(s) shall not be allowed unless a Variance to such standards is approved as provided for in this Zoning Code; and

B.

The new development shall not alter any existing non-conforming structure or increase the degree of non-conformity.

(Ord. of 6-28-2022)

Any nonconforming use, structure or lot shall lose its legal nonconforming status if determined by the Director to not be in compliance with this Chapter. Without further action by the County, further use of the lot or structure shall comply with all the regulations of the zone district in which the lot or structure is located, and all other applicable County requirements.

(Ord. of 6-28-2022)

In the zone districts within which they are permitted, Large and Small Recycling Collection Facilities as defined in Section 1500-03-090(U) shall comply with the following criteria:

A.

Location. Collection Facilities including mobile units, kiosks, containers, vending machines, permanent structures and similar uses shall not be located within 100 feet of a property zoned or occupied for residential use.

B.

Setback. Collection Facilities shall be set back a minimum of 10 feet from any street right-of-way and shall not obstruct pedestrian or vehicular circulation.

C.

Equipment. Collection Facilities shall not use power-driven processing equipment except for reverse vending machines.

D.

Storage. Collection Facilities shall store all recyclable materials in containers or in a mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present.

E.

Containers. All containers shall be constructed of durable waterproof and rustproof material(s), shall be secured from unauthorized removal of material, and shall be of sufficient capacity to accommodate materials collected on the collection schedule. In no event shall material be allowed to overflow the containers.

F.

Information. All containers shall be clearly marked to identify the type of materials that may be deposited, the name and telephone number of the facility operator, the hours of operation, and a notice stating that no material shall be left outside of the recycling enclosure or containers.

G.

Signage. Collection Facilities may have identification signs complying with the requirements of Article 21 (Signs).

H.

Landscaping. Collection Facilities shall not be located within or impair required landscaping for any use.

I.

Parking. Parking spaces occupied by a Collection Facility and attendant shall not reduce available parking spaces below the minimum number required for any other use on the property unless a parking study shows available capacity during recycling facility operation.

J.

Site Maintenance. Collection Facility sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

(Ord. of 6-28-2022)

It is unlawful for any person to scavenge in or remove materials from any collection container at a Recycling Collection Facility without prior authorization from the operator of the facility.

(Ord. of 6-28-2022)

It is the County's intent to allow automotive vehicle hobbyists the right to pursue their hobby at their homes, providing such pursuit does not have a detrimental effect upon neighboring properties or upon the general public's health, safety, and welfare.

(Ord. of 6-28-2022)

The outdoor storage of inoperable vehicles as defined in Article 27 shall be allowed in any zoning district, provided that the following standards are complied with:

A.

The storage of such vehicles shall be accessory and incidental to an established and occupied single-family residence.

B.

The number of inoperable vehicles allowed shall not exceed two vehicles on lots of 10,000 square feet net area or less, with one additional vehicle being allowed for each additional 10,000 square feet of net lot area to a maximum of six vehicles.

C.

In Residential districts, vehicles shall be kept in the rear yard, and behind the residence, and shall be completely surrounded by a solid fence or masonry wall a minimum of 6 feet in height which screens the vehicles from view by neighboring properties and the general public.

D.

In all other districts, vehicles shall be kept outside required setback areas and shall be completely surrounded by a solid fence or masonry wall a minimum of 6 feet in height which screens the vehicles from view by neighboring properties and the general public.

E.

No parts, tires, repair equipment, or any related material or supplies shall be stored outside the fenced or walled area.

F.

The vehicles, parts, supplies, or repair equipment shall not be stacked or arranged such that they exceed the height of the 6 foot fence or wall.

G.

No commercial dismantling, repair, or sales activities shall be allowed in conjunction with the stored vehicles or parts, including the development or preparation of racing cars.

H.

The vehicles shall be owned by the real property owner, tenant, or other person having the right to possession of the real property, and proof of ownership of the inoperable vehicles shall be demonstrated by valid registration or Certificate of Ownership issued by the Department of Motor Vehicles.

I.

There shall be no limit on the number of vehicles kept inside a totally enclosed garage or building, and vehicles stored inside shall not count against the maximum number of cars allowed to be stored outside.

J.

Oils, fuels, solvents, and other hazardous or toxic materials and wastes shall be stored, handled, and disposed of in accordance with all applicable state and local laws and regulations.

K.

The area within the fenced or wall enclosure must be maintained so as to prevent the establishment of rodent harborage.

L.

The keeping of inoperable vehicles shall comply with all appropriate state and federal regulations pertaining to motor vehicles.

M.

Any deviation from the above standards shall be allowed only by first securing a use permit in accordance with Article 25 of this Zoning Code. However, no such use permit shall be granted which would allow commercial activity.

Failure to comply with the above standards shall be deemed to be a violation of this Zoning Code.

(Ord. of 6-28-2022)

This chapter establishes standards for temporary uses that will not permanently alter the character or physical facilities of the site on which they occur.

(Ord. of 6-28-2022)

The following types of temporary uses may be conducted without approval of a Zoning Clearance or Use Permit:

A.

Nonprofit Fund Raising. Fund raising events and/or sales operated by a nonprofit organization subject to the following standards:

1.

Location. Within any non-residential zoning district.

2.

Duration and Frequency. No single event shall exceed 3 consecutive days, nor occur more frequently than 4 times per year at any one location.

B.

Garage/Yard Sales. Garage/yard sales associated with a residence subject to the following standards:

1.

Location. Within any zoning district that permits a residence.

2.

Duration and Frequency. No single event shall exceed 3 consecutive days, nor occur more frequently than 4 times per year per residence.

3.

Sales of Goods. Limited to common household items primarily owned by the resident.

C.

Seasonal Sales. Sales of seasonal goods (e.g., Christmas trees, pumpkins, fireworks etc.,) subject to the following standards:

1.

Location. Within any non-residential zoning district, and within any residential zoning district at a permitted religious institution, school or community assembly facility.

2.

Duration. Christmas tree sales are allowed from Thanksgiving Day through December 31st. All other seasonal sales shall not exceed 30 consecutive days.

3.

Frequency. Seasonal sales shall not occur more frequently than 3 times per year on a single property.

D.

Temporary Construction Offices. On-site temporary construction offices established in conjunction with an approved project or development permit. Such temporary construction offices shall be removed prior to final inspections/issuance of certification of occupancy for the project being constructed.

E.

Temporary Construction Yards. In Agriculture and Recreation districts, on-site temporary constructions yards, less than 1 acre in size, may be established in conjunction with an approved project or development permit. Such temporary construction yards shall be removed prior to final inspections/issuance of certification of occupancy for the project being constructed.

F.

Model Home Complexes. Model home complexes within an approved subdivision for sale of residential units within that same subdivision. May include a real estate sales office within one of the models.

G.

Temporary Occupancy of Recreational Vehicles. The temporary occupancy of recreational vehicles is permitted for not more than (14) fourteen days per calendar year unless the recreational vehicles is located within a legally established recreational vehicle park operating under a permit by the State of California.

(Ord. of 6-28-2022)

The following types of temporary uses may be conducted subject to approval of a Zoning Clearance, Administrative Permit or Use Permit as specified below:

A.

Carnivals, Fairs, Festival, and Other Special Events. Carnivals, fairs, festival, and other similar events may be conducted subject to approval of an Administrative Permit and shall be consistent with the following standards:

1.

Location. Within any non-residential zoning district or property owned by a school.

2.

Duration and Frequency. No single event shall exceed 3 consecutive days, nor occur more frequently than 2 times per year per property. A Use Permit shall be required for events exceeding 2 times per year.

3.

Hours of Operation. 7:00 a.m. to 10:00 p.m.

4.

Agency/Department Approvals. Letters of approval shall be secured from the Sheriff's Department, Environmental Health, Fire and Emergency Services and any other agency or department whose approval may be needed based upon the type of function being proposed.

B.

Temporary Outdoor Sales and Promotional Events. Outdoor sales, displays and promotional events associated with a permanently established business may be conducted subject to approval of a Zoning Clearance and shall be consistent with the following standards:

1.

Location. Within any commercial and employment zoning district.

2.

Duration and Frequency. No single event shall exceed 7 consecutive days.

3.

Sale of Goods. Sales, displays and promotions shall be limited to merchandise which is normally displayed and sold by the business.

4.

Paved or Concrete Area. Sales, displays and promotions shall be located on a paved or concrete area on the same lot as the structures containing the business.

5.

Accessibility and Parking. The events shall be conducted solely on private property, shall not encroach within the public right-of-way or occupy needed parking at the time of the event, and shall not impede site accessibility or emergency accessibility/services.

6.

Hours of Operation. 7:00 a.m. to 10:00 p.m.

C.

Temporary Construction Yards. Temporary construction yards may be permitted in conjunction with an approved project or development permit consistent with the following standards.

1.

Location. Within any commercial and employment zoning district.

2.

Onsite, Small. Less than 1 acre in size shall require approval of an Administrative Permit.

3.

Onsite, Large. More than 1 acre in size shall require approval of a Use Permit.

4.

Offsite. Any offsite construction yard shall require approval of a Use Permit.

D.

Temporary Occupancy of a Recreational Vehicle. The temporary occupancy of a recreational vehicle may be permitted by Zoning Clearance for a term of 18 months consistent with the following standards.

1.

The recreational vehicle is located in a zone permitted to have a dwelling and complies with the setback requirements of the zone district it is located in.

2.

A building permit for a residence has been issued, is active and in good standing.

3.

Quick disconnect utility connections to electricity, water, and a wastewater system shall be provided and approved by the Development Services Department. As an alternative to providing a connection to a wastewater system, a contract with an authorized wastewater pumping provider may be submitted demonstrating the recreational vehicle's wastewater tanks will be routinely serviced during the time period authorized.

4.

Evidence demonstrating garbage service will be provided shall be submitted to the satisfaction of the Development Services Department.

5.

If the recreational vehicle will be located in a designated floodplain, compliance with the County's Floodplain Management Ordinance shall be demonstrated.

6.

The County may impose conditions necessary to ensure compliance with the Sutter County Ordinance Code to protect public health, safety and welfare.

E.

Temporary Agricultural Education and Entertainment Uses: Temporary Agricultural Education and Entertainment uses may be conducted subject to the approval of a Zoning Clearance (Single Weekend Permit) and shall be consistent with the following standards:

1.

Location. Within the Agriculture zoning district and ancillary to an existing primary agricultural land use.

2.

Duration and Frequency. A single event shall not exceed three consecutive days requires a Zoning Clearance (Single Weekend Permit), is limited to no more than four times per year per property, and each event requires a separate Zoning Clearance approval.

3.

Maximum of no more than 100 guests on-site at a given time.

4.

Accessibility and Parking. The events shall be conducted solely on private property, shall not encroach within the public right-of-way or occupy needed parking at the time of the event, and shall not impede site accessibility or emergency accessibility/services.

5.

Hours of Operation. 7:00 a.m. to 10:00 p.m.

F.

Similar Temporary Uses. Temporary activities similar to the above determined by the Director to be compatible with the applicable zoning district and surrounding uses may be conducted subject to approval of an Administrative Permit.

G.

Other Temporary Uses. If a temporary use is proposed that is determined by the Director to not be in compliance with Sections 1500-16-020 or 1500-16-030, it may be permitted through approval of a Use Permit.

(Ord. of 6-28-2022; Ord. No. 1713, § 1, 10-24-2023)

In approving a permit for a temporary use, the approving authority may impose conditions deemed necessary to ensure that the temporary use will be compatible with the applicable zone district and surrounding uses. These conditions may include but are not limited to:

A.

Requirements for improved parking facilities, including vehicular ingress and egress;

B.

Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, and odors;

C.

Regulation of temporary structures and facilities, including placement, height and size, and location of equipment;

D.

Provision for sanitary and medical facilities;

E.

Provision for solid and hazardous waste collection and disposal;

F.

Provision for security and safety;

G.

Submission of a performance bond or other surety devices, satisfactory to the Director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; and

H.

Any other conditions which will ensure the operation of the proposed temporary use will protect public health and safety and in accordance with the intent and purpose of this Chapter.

(Ord. of 6-28-2022)

Applications for approval of a temporary use shall include all materials and information required for the permit plus the following information:

A.

A letter from the property owner(s) granting permission for the temporary event/activity to be held on their property (if applicable).

B.

A written description of the event, including the event proponent, location, days and hours of operation, and plan for removal of temporary facilities.

C.

Letters of approval from the Sheriff's Department, Environmental Health, Fire and Emergency Services and any other agency or department whose approval may be needed based upon the type of function being proposed.

D.

A site plan drawn to an engineer's scale that accurately depicts the subject property where the temporary use will be held including the location of existing buildings, parking areas, sewage disposal areas, etc. The site plan shall illustrate how the proposed temporary use complies with all applicable requirements of this Chapter.

(Ord. of 6-28-2022)

Upon termination of a temporary use or expiration of a temporary use approval, any temporary structures, and all appurtenances thereto, shall be removed from the property. The site shall be cleared of debris, litter, and other trash.

(Ord. of 6-28-2022)

This Chapter supports the development of wind energy resources primarily for on-site use to reduce the consumption of electricity supplied by utility companies consistent with the General Plan. It is the goal of this Chapter to minimize potential adverse impacts associated with wind energy systems on area residents and aesthetic quality through careful siting and design and to minimize public safety risks by providing standards for the placement, design, construction, modification and removal of such systems.

(Ord. of 6-28-2022)

A.

Mini-wind energy systems are permitted in all zoning districts.

B.

Small wind energy systems are permitted, subject to the provisions of this Chapter, in the Agriculture (AG), Ranchette (RAN), Estate Residential (ER), General Commercial (GC), Commercial Industrial (CM), Light Industrial (M-1), General Industrial (M-2) and Public (P) zoning districts.

(Ord. of 6-28-2022)

The words, phrases and terms as used in this Chapter shall have the following meanings:

A.

Mini-wind Energy System. A wind energy conversion system consisting of a wind turbine attached to permitted structure or tower together with associated control or conversion electronics that has a rated capacity of not more than 7 kilowatts per lot, and is used primarily to reduce onsite consumption of utility power.

B.

Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics that has a rated capacity of not more than 50 kilowatts per lot, consistent with the requirements of paragraph (3) of subdivision (b) of Section 25744 of the Public Resources Code, and that will be used primarily to reduce onsite consumption of utility power.

C.

System Height. The height of the tower and the system measured to the top of the blade at the highest point of the system extended above the existing grade when being operated.

D.

Tower Height. The height above grade of the fixed portion of the tower, excluding the wind turbine.

(Ord. of 6-28-2022)

A.

Mini-wind Energy Systems. Mini-wind energy systems which are consistent with the standards below shall be permitted upon the issuance of a Zoning Clearance pursuant to Section 1500-25-030. Applications for a zoning clearance shall be accompanied by such plans, elevations and technical documentation necessary to demonstrate the details of the proposed system and compliance with the following criteria:

1.

The system shall be consistent with the setback and height limitations of the zoning district proposed.

2.

A mini-wind energy system shall not exceed 55 decibels (dba) as measured at the nearest property line except during short-term events such as utility outages and severe wind storms. Manufacturer's specifications or other information as approved by the Director shall be submitted demonstrating compliance with this section.

3.

Any proposed towers shall be of a mono-pole type.

4.

Climbing apparatus shall be located at least 12 feet above the ground, and the tower shall be designed to prevent climbing within 12 feet of the ground.

5.

Tower structures shall not include lighting unless required by another code or regulation.

6.

Towers and blades shall be painted a non-reflective neutral color or have a non-reflective neutral colored surface.

7.

In all Residential Districts mini-wind energy systems shall be limited to one unit per lot. In all other cases, multiple systems may be located on a lot if the combined systems have a rated capacity of not more than seven kilowatts per lot.

B.

Small Wind Energy Systems. Small wind energy systems which are consistent with the standards below shall be permitted upon the issuance of a zoning clearance pursuant to Section 1500-25-030. Applications for a zoning clearance shall be accompanied by such plans, elevations and technical documentation necessary to demonstrate the details of the proposed system and compliance with the following criteria:

1.

The lot where the system is proposed to be located shall not be within the Sutter Buttes Overlay Zone.

2.

The lot where the system is located shall be a minimum of two acres in size.

3.

System height and property line setbacks shall be consistent with Table 1500-17-1 below.

Note: Table 1500-17-1 is intended to be restrictive rather than permissive, therefore tenths of a lot are rounded down to the next whole number, i.e. 5 acres = 5.1 up to 5.99 acres.

4.

A small wind energy system shall not exceed 60 decibels (dba) as measured at the nearest property line except during short-term events such as utility outages and severe wind storms. Manufacturer's specifications or other information as approved by the Director shall be submitted demonstrating compliance with this section.

5.

Lattice and/or guyed towers shall not be allowed within 500 feet of any Residential District.

6.

Climbing apparatus shall be located at least 12 feet above the ground, and the tower shall be designed to prevent climbing within 12 feet of the ground.

7.

Tower structure lighting shall be prohibited unless required by another code or regulation.

8.

Towers and blades shall be painted a non-reflective neutral color or have a non-reflective neutral colored surface.

9.

The system shall be used primarily to reduce onsite consumption of electricity.

10.

Small wind systems shall be located a distance not greater than the height of the proposed system from existing buildings or home sites.

11.

On lots sized 20-acres or greater, a small wind system may be located away from existing buildings or homesites if the system will serve a well or similar infrastructure in support of an agricultural use.

12.

Multiple systems may be located on lots sized 20-acres and larger if the combined systems have a rated capacity of not more than 50 kilowatts per lot.

Before the issuance of a Zoning Clearance for a small wind energy system, a Notice of Intent to approve shall be mailed or delivered at least two days prior to action on the application to the applicant, the property owner, the owners as shown on the most recent secured assessor's roll of property within 400 feet of the property involved in the application, all established agricultural aerial spraying operators of record, and all other persons who have requested notice in accordance with Section 1500-23-060(B). Such other notice as the County deems appropriate may also be given. All Zoning Clearances shall be processed in accordance with Section 1500-25-030.

Small wind energy systems which are determined not to be consistent with the above criteria may be permitted upon approval of a Use Permit pursuant to Section 1500-25-050. Modifications to previously approved small wind energy systems shall obtain a Zoning Clearance pursuant to Section 1500-25-030 and demonstrate the proposed modification's consistency with the above criteria.

(Ord. of 6-28-2022)

A.

A mini-wind or small wind energy system that ceases to produce electricity on a continuous basis for 18 months shall be considered abandoned. The Director may request documentation and/or affidavits from the property owner regarding the system's usage in order to make a determination as to the date of abandonment or the date on which other violation(s) occurred.

B.

Upon a determination of abandonment or other violation(s), the County shall send a notice to the property owner indicating the property owner shall remove the mini-wind or small wind energy system and all associated facilities, and remediate the site to its approximate original condition within 90 days of notice by the County, unless the County determines the facilities must be removed in a shorter period to protect public safety. Alternatively, if the violation(s) can be addressed by means short of removing the small wind energy system and restoring of the site, the County may advise the property owner of such alternative means of resolving the violation(s).

(Ord. of 6-28-2022)

This chapter establishes standards for the review, siting, design and development of wireless telecommunication facilities consistent with the applicable requirements of federal law. The regulations are intended to provide for the appropriate development of wireless telecommunication facilities within the County to meet the needs of residents, business-owners, and visitors while preventing visual blight and protecting public health, safety and welfare.

(Ord. of 6-28-2022)

A.

This chapter applies to all commercial wireless telecommunications facilities for the transmission or reception of wireless telephone, radio, television, and other telecommunication signals.

B.

Facilities subject to these standards include all equipment and network components such as mono-poles, towers, utility poles, transmitters, base stations, equipment shelters and cabinets, and emergency power systems that are integral to providing wireless telecommunications services.

(Ord. of 6-28-2022)

A.

Antenna. Any system of poles, panels, rods, dishes or similar devices that transmit or receive electromagnetic waves.

B.

Building/Structure Mounted Wireless Telecommunication Facility. A wireless telecommunication facility, and its associated support structure, mounted to the side of a building or to another structure such as a water tank, billboard, church steeple, freestanding sign, etc.

C.

Camouflaged. Designed to mask or blend with the surrounding environment in such a manner to render it unnoticeable to the casual observer.

D.

Co-location. Locating of wireless telecommunications equipment from more than one provider on a single building mounted, roof mounted, or freestanding wireless telecommunication facility.

E.

Equipment Shelter or Cabinet. An ancillary building used to house the telecommunications equipment at a wireless telecommunication facility.

F.

Freestanding Wireless Telecommunication Facility. A structure such as a monopole or tower, constructed or existing specifically for the purposes of supporting antenna(s) and/or equipment used in conjunction with the operation of one or more wireless telecommunications facilities.

G.

Mono-pole. A single free-standing pole type structure supporting one or more antenna. Not the same as a tower.

H.

Radio Propagation Model. A radio frequency engineering plot that illustrates the radius of coverage for a wireless telecommunication network or an individual antenna site.

I.

Roof-Mounted Wireless Telecommunication Facility. A wireless telecommunication facility, and its associated support structure, attached to a roof of a building or similar structure.

J.

Tower. A multi-member structure supporting one or more antenna.

K.

Wireless Telecommunication Facility. Any unmanned facility established for the purpose of providing wireless transmission of voice data, images, or other information including, but not limited to, cellular telephone service, personal communication services, and paging services.

(Ord. of 6-28-2022)

The following types of non-commercial wireless telecommunications facilities shall be exempt from the provisions of this chapter:

A.

Telecommunication facilities accessory to a residential use subject to the height requirements for the applicable zoning district.

B.

Licensed amateur (ham) radio and citizen band operations subject to the height requirements for the applicable zoning district.

C.

Telecommunication facilities used for emergency and/or public safety services.

D.

Government-owned telecommunications facilities used for a public purpose.

E.

Telecommunication facilities exempted from local regulation under federal or State law.

(Ord. of 6-28-2022)

All wireless telecommunication facilities subject to the chapter shall be located, developed, and operated in compliance with all of the following standards and with the applicable standards of the zoning district in which they are located:

A.

Co-location

1.

Unless determined infeasible, providers of wireless services shall co-locate facilities in order to reduce adverse visual impacts. The approving authority may require co-location or multiple-user wireless telecommunication facilities.

2.

Unless determined infeasible, the approving authority may require the applicant to make unused space available for future co-location of other wireless telecommunication facilities, including space for different operators providing similar, competing services.

3.

When an applicant indicates that co-location is not feasible, technical evidence shall be provided to the satisfaction of the Director explaining why co-location cannot be achieved.

B.

Siting

1.

No new freestanding wireless telecommunication facility shall be located within 1,000 feet of another existing/approved freestanding facility. The approving authority may allow a reduced distance between facilities if:

a.

It is determined that the visual impacts are negligible; or

b.

It is demonstrated that the site is necessary to meet the demands of the geographic service area of the applicant's network, or will facilitate co-location.

2.

All new wireless telecommunication facilities shall be located so that the distance from the base of the facility to the parcel boundary is equal to or greater than the height of the facility. The approving authority may allow a reduced setback requirement if:

a.

The reduced setback is not adjacent to a parcel within a residential zoning district; and

b.

The adjacent property owners consent in writing to a reduced distance, no less than the minimum building setback required by the applicable zone.

3.

Wireless telecommunication facilities mounted on an existing utility pole, lighting standard, water tower, flag pole or other similar structure are not subject to setback requirements.

4.

When feasible, freestanding wireless telecommunication facilities on an agricultural parcel shall be located adjacent to existing structures such as a barn, rice dryer, or home site, as opposed to remote locations which have the potential to impact aerial spraying operations. Such facilities shall be set back as far as possible from existing legally established residential dwellings located on adjacent properties.

5.

The preferred location of a mono-pole or tower on an agricultural parcel shall be adjacent to existing buildings or homesites, as opposed to remote locations which have the potential to impact aerial spraying operations. To the extent feasible, new mono-poles or towers shall be setback as far as possible from residences located on adjacent properties. All applications for wireless communication facilities shall identify any airstrip or airport within a 10 mile radius of the proposed site.

C.

Height

1.

The maximum height for freestanding wireless telecommunication facilities shall be 100 feet. The review authority may approve additional height based upon justifiable need or if it can be demonstrated that a higher facility will facilitate co-location. The height shall be the minimum necessary to meet the technical requirements of the proposed telecommunication system.

2.

The maximum height for roof-mounted wireless telecommunication facilities shall be no more than 10 feet above the roof line of the building with an additional foot in height for each 10 feet the antenna is set back from the edge of the building. Antennas mounted on the side of a building shall not extend above the building parapet. Ancillary roof-mounted equipment shall be screened from public view.

3.

The maximum height for wireless telecommunication facilities mounted on an existing utility pole, lighting standard, water tower, flag pole or other similar structure shall be no more than 10 feet above existing height of the structure.

D.

Design and Screening

1.

Freestanding wireless telecommunication facilities shall incorporate state of the art camouflage technology as appropriate to the site and type of facility. Where no camouflage technology is proposed for the site, a detailed analysis as to why camouflage technology is physically and technically infeasible for the project shall be submitted with the application.

2.

Wireless telecommunication facilities that are mounted on buildings or structures shall be incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

3.

The equipment shelter or cabinet must be concealed to the extent possible from public view with at a minimum chain link fencing and slats or other acceptable materials and shall be made compatible with the architecture of surrounding structures. The equipment shelter or cabinet shall be regularly maintained.

4.

The shelter or cabinet shall meet the building setback standards established in the zoning district in which the facility is to be located.

5.

Landscaping may be required to be incorporated into the site to screen any ground structures or equipment.

6.

Lighting of a wireless telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration.

7.

No advertising shall be placed on wireless telecommunication facilities, equipment cabinets, or associated structures.

8.

All wireless telecommunication facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in a hazardous situation, visual blight, or attractive nuisances.

9.

Wireless telecommunication facilities and all other equipment, such as emergency generators and air conditioners, must be designed to be consistent with the County's noise standards when in proximity to sensitive receptors.

(Ord. of 6-28-2022)

A.

Permits Required. Permits required for wireless telecommunication facilities shall be as specified in Table 1500-18-1 below:

B.

Modifications. Modifications and additions to approved wireless telecommunication facilities may be allowed subject to approval of a Zoning Clearance, provided such modification or additions do not increase the approved height of the facilities and are consistent with all provisions of this chapter.

C.

Multiple Facilities. For service providers who plan to establish multiple wireless telecommunication facilities within the County, the service provider is encouraged to apply for approval of all facilities at one time.

D.

ALUCP Review. All applications for wireless telecommunication facilities that are proposed to be located within the boundaries of any comprehensive airport land use compatibility plan or airport area of influence, as adopted or designated by the Airport Land Use Commission (ALUC), shall be forwarded to the ALUC for review regarding consistency with adopted comprehensive airport land use plans and for recommendations addressing potential impacts to air navigation within the airport area of influence.

E.

Review Period. All application for wireless telecommunication facilities shall be processed within the timelines specified by the Federal Communications Commission (FCC).

F.

Technical Assistance. The County may, at its sole discretion and at the applicant's sole expense, retain an independent consultant to review either individual elements of or the entire application.

G.

Findings and Conditions. In addition to other findings as may be required by this chapter, the approving authority shall make the following findings when considering a use permit for a wireless telecommunication facility:

1.

The height of the tower is the minimum necessary to meet the technical requirements of the proposed wireless telecommunication system.

2.

The facility has been screened and/or camouflaged to the extent reasonably feasible.

3.

The proposed tower, if located in an agricultural district, will not interfere with any established aerial spraying operations.

4.

The applicant has agreed to accept proposals from future applicants to co-locate at the approved site.

5.

The project as proposed is necessary for the provision of an efficient wireless telecommunication system.

The applicant shall be required, as a condition of approval, to allow future applicants to co-locate their antennas at the approved facility. The Planning Commission may allow an exception to this requirement if the applicant provides evidence that such co-location would adversely affect the facility's capability of providing necessary telecommunication services.

(Ord. of 6-28-2022)

Applications for approval of a wireless telecommunication facility shall include all materials and information required for the permit plus the following information:

A.

A narrative description of the proposed facility, including the type of facility being requested.

B.

A description of the type of technology and consumer services the provider will provide to its customers.

C.

A description of the number, height, size, material, and color of mono-poles/towers.

D.

A description of any proposed support buildings or equipment necessary to support or house the facility.

E.

A site plan drawn to an engineer's scale that accurately shows the location of all towers and other structures within the proposed facility.

F.

Elevations showing all sides of the facility and any accessory buildings, including tower/building heights and other physical dimensions, drawn to graphic scale.

G.

Landscaping and painting/screening/camouflage plans for the proposed facility. Such plans shall be accompanied by written evidence demonstrating that the selected facility structure or mono-pole/tower design is as visually unobtrusive as possible, given technical and engineering considerations. Submitted evidence shall indicate what type of facility is required to provide reasonably effective service and also the best technology and construction available to maximally achieve visual unobtrusiveness.

H.

All applications for new mono-poles/towers shall provide an alternative site analysis detailing the specific steps undertaken to determine the applicant's selection of a particular project site and its relationship to the location preferences prescribed in this chapter. The analysis shall include a radio propagation model for each carrier or carriers if the mono-pole/towers are for multiple users. The alternative analysis shall include the following information.

1.

A topographical map of the proposed local service area and which identifies the local network facilities with which the proposed site will interconnect;

2.

Identification of all other existing structures which might provide an opportunity for attached antenna facilities;

3.

Identification of service gaps in the proposed service area, or areas of high usage requiring in-fill of existing service areas; and

4.

A technical report discussing why alternatives would not be feasible for use as a telecommunications site. This may include construction, interconnect, utility or other factors precluding development of the property or facility as a suitable site.

I.

Evidence of a valid, current operating license or construction permit from the FCC or, if the applicant is not a wireless telecommunications service provider, a user operating agreement for each and every such provider to which the applicant intends to rent space on the proposed facility.

(Ord. of 6-28-2022)

The operator of a wireless telecommunication facility shall be required to remove all unused or abandoned equipment, antennas, poles, or towers within 30 days of abandonment. The facility shall be deemed abandoned if it has not been operational for a consecutive six month period.

(Ord. of 6-28-2022)

The carrier and/or successor in interest shall properly maintain and ultimately remove if required, the approved wireless telecommunication 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 approving authority, and shall cover the costs associated with the demolition, removal, and reclamation of the facility site in the event the carrier abandons operations.

(Ord. of 6-28-2022)