All regulations in this title pertaining to the districts established in Chapter 17.04 hereof are subject to the general provisions, conditions and exceptions contained in this chapter.

If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and the intent of this title, or with respect to matter of height, area requirements or zone requirements as set forth herein, the planning commission shall ascertain all pertinent facts, and by resolution set forth its findings and interpretations and thereafter such interpretation shall govern. Similar use, as used in this title, means the same character of use and no less restricted in nature, i.e., generates no more traffic, parking, dust, noise, etc., and if retail uses are specified, "similar" means retail.

All of the uses listed in this chapter, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special classification as making practical their inclusion in any class of use set forth in the various districts defined herein, and therefore the authority for and location of the operation of any of the uses designated shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 17.32 hereof.

A.

When any of the following uses are to be established closer than two hundred feet to the boundary of any residential district: Dance hall, road house, night club, commercial club, or any establishment where liquor is served, or any commercial place of amusement or recreation, or any place where entertainers are provided.

B.

Circus, carnival, open-air theater, racetrack, or similar establishments involving assemblages of people and vehicles.

C.

The removal of minerals and natural materials for commercial purposes. This does not include the excavation or removal of materials for a normal construction of buildings, structures, or underground facilities; or the removal of minerals, natural materials or conifers, where such removal is motivated by land leveling as its prime objective.

D.

Drilling for, and/or removal of oil or gas.

E.

Temporary Asphalt or Concrete Batch Plants, Portable Rock Screening or Crushing Units.

1.

Temporary operation of a portable asphalt or concrete batch plant, portable rock screening unit or crusher and/or similar uses as determined by the planning commission. Examples of such projects include, but are not limited to: The construction, maintenance or repair of roads, bridges, airports, flood control facilities, utilities, bicycle or pedestrian paths; and improvement projects for fish and wildlife habitat. The use permit shall specify the length of time the temporary use is permitted to operate but shall not exceed two years without further additional review by the planning commission.

2.

Operation of a portable concrete batch plant and/or rock sorting (screening) unit may be permitted in any district subject to a planning director issued use permit, pursuant to Chapter 17.32 of this title, if all of the following criteria are met:

a.

The issuance of a planning director's use permit shall be subject to the following processing requirements:

i.

A site plan shall be submitted with the application, indicating the location of rivers, streams and riparian areas, distance to closest residences, access points from public roads, and the proposed location of batch plants, aggregate processing equipment, generators, utilities, fuel storage, concrete washouts, materials stockpiles, water storage tanks, fencing, saturation facilities, equipment and materials storage areas, parking areas and any other appurtenant facilities.

ii.

The local fire district shall be notified of the location and duration of the batch plant operation.

iii.

The application shall include a fire plan, designating an individual responsible for its implementation. The plan shall include a description of the fire equipment to be kept on site (minimum: Spark arresters on internal combustion engines, fire extinguishers and a water tank or trailer with a minimum of three hundred gallons), storage locations of any flammable materials and any site-specific fire prevention measures such as vegetation clearing (no riparian vegetation removal), mowing, designated smoking areas, and reporting procedures in the event of a fire.

iv.

The water source for initial fire suppression, process water and dust suppression shall be indicated on the application. If water is to be drafted from a stream or river, a permit or agreement must be obtained from California Department of Fish and Game.

v.

If the entrance to the batch plant will encroach onto a county road or state highway, the applicant shall submit an encroachment permit application to Trinity County Department of Transportation for operations accessing county roads, or to Caltrans for operations accessing directly onto a state highway. The use permit shall not be valid until an approved encroachment permit or waiver bas been issued and all required improvements have been made.

vi.

All proposals for concrete batch plants and/or rock processing operations within two miles of a public airport, or within a designated airport influence area, shall be subject to review and approval by the Trinity County Airport Land Use Commission (ALUC) unless and until the ALUC has delegated such review to the planning director or certified building official, through a resolution or through adoption of an airport land use compatibility plan. These approvals, if applicable, shall be obtained prior to approval of the use permit.

vii.

The permit shall be renewable annually with planning director review.

b.

The batch plant shall be operated under all of the following conditions:

i.

The portable concrete batch plant, rock screening plant and any diesel generators must comply with all applicable California Air Resources Board and North Coast Unified Air Quality Management District rules and regulations.

ii.

Roads, operations areas and stockpiles that emit visible dust during operations shall be wetted, treated with dust palliative or covered/surfaced to minimize dust emissions.

iii.

Any utility hookups shall require a county building permit.

iv.

If nighttime lighting is deemed necessary for security reasons, light beams shall be directed away from, or shielded from, nearby sensitive receptors such as roadways, residences, hotels, motels, campgrounds, hospitals and nursing homes.

v.

Adequate parking area must be provided on site for all trucks, equipment and employee and owner vehicles within the limits of the batch plant property.

vi.

Portable concrete plants and aggregate processors shall not produce material for retail sale within ten road miles of a permitted permanent plant producing a similar product, unless the portable operation is part of a construction project and produces material only for that project or unless the temporary plant was established on the site prior to the start of operations at the permanent plant.

vii.

Operations shall be limited to seven a.m. to seven p.m. Monday through Saturday. (Additional or more restrictive hours of operation may be specified by the planning director.)

viii.

 Concrete batch plants and rock screening operations shall be located no closer than six hundred feet from a residence, hotel, motel, campground, school, day care center, hospital, nursing home, meeting hall, church, library or museum. (These requirements are waived for structures on the same parcel as the operation and/or structures occupied by the owner or operator of the operation. Shorter distances may be allowed by the planning director if it can be demonstrated that a noise barrier (such as a solid wall, hill, bluff, or thick vegetation) will effectively reduce noise levels to fifty-five dB Leq at outdoor activity areas of the nearest sensitive land use.)

ix.

Batch plants, sorters, stockpiles, concrete washout areas or fuel storage areas shall not be located within the following distances (whichever is further) from:

x.

Fuel storage tanks shall have secondary containment one and one-half times the capacity of the original container. Containment may be prefabricated material, concrete, or berms of earth, straw bales or sand bags lined with plastic or other impermeable material.

xi.

Concrete batch plants shall include a concrete washout facility constructed of prefabricated material, concrete, or berms of earth, straw bales or sand bags lined with plastic or other impermeable material.

xii.

Sanitation facilities shall be provided and adequately maintained.

xiii.

 Temporary security fencing shall be erected around operations areas in residential or rural residential zones. Fencing shall be maintained for the duration of the operation.

xiv.

Advertising signs shall not be erected on site or off site. Directional signs shall be limited to a maximum size of three feet by three feet.

xv.

In the event that previously unidentified cultural or paleontological resources are encountered during operations, there shall be no further excavation or disturbance of that area. The owner/developer shall avoid the materials and their context. The Trinity County Planning Director shall be notified immediately, and an archaeologist consulted to determine if the find is significant and make recommendations for appropriate mitigation. Work shall not continue in the area until mitigations have been implemented and written authorization to resume work has been provided by the planning director.

xvi.

In the event that previously unidentified evidence of human burial or human remains are discovered, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains. The Trinity County Coroner must be informed and consulted, per state law. If the coroner determines the remains to be Native American, he/she will contact the Native American Heritage Commission who will contact the most likely descendent who will be given an opportunity to make recommendations for means of treatment of the human remains and any associated grave goods. Work shall not continue in the area until the human remains have been dealt with according to the recommendations of the county coroner, Native American Heritage Commission and/or the most likely descendent.

c.

Applicability.

i.

This section does not apply to mining.

ii.

This section applies only to processing of materials derived from sources that are in compliance with, or exempt from, the Surface Mining and Reclamation Act (SMARA).

iii.

This section does not apply to sites within the Shasta-Trinity National Recreation Area (RD-1), a scenic conservation overlay zone (SC), flood hazard zone (FH), flood hazard overlay zone (FHO), special treatment overlay zone (ST) or on state or federal land.

iv.

The permit shall be specific for each site, rather than for a specific operator or piece of equipment.

F.

Examples of such projects include, but are not limited to: The construction, maintenance or repair of roads, bridges, airports, flood control facilities, utilities, bicycle or pedestrian paths; and improvement projects for fish and wildlife habitat. The use permit shall specify the length of time the temporary use is permitted to operate, but shall not exceed two years without further additional review by the planning commission.

G.

Directional and informational signs in any district. The location, copy and design of said signs shall be subject to approval of the planning commission. No one sign shall exceed a maximum area of four hundred square feet. Such sign shall be permitted only on property adjacent to freeways approaching communities and within one mile of said communities and which state highways and freeways pass through or near said communities.

H.

Juvenile holding facility and related uses not otherwise addressed in this title or exempted by state law.

I.

Guest ranches, boarding schools, foster homes, summer schools or similar uses in any district where permitted and having an occupancy of seven or more guest students, mentally retarded or needy children on any parcel of land under one ownership shall require a use permit before any use or extension of the present use may be permitted.

J.

Family Care Mobile Homes and Recreational Vehicles.

1.

One mobile home or recreational vehicle in addition to a dwelling otherwise permitted under this subsection may be temporarily placed on a parcel if all of the following criteria are met:

a.

The temporary mobile home or recreational vehicle is for the exclusive use and temporary home to provide in-home care to a grandparent or grandparents, parent or parents, siblings or children, or other immediate family member of the occupant of the principal dwelling unit; or the principal dwelling unit may be designated as the family care residence, in which case the temporary mobile home or recreational vehicle shall be utilized by the family member providing the care.

b.

A director's use permit is first secured, pursuant to Chapter 17.32 of this title.

c.

The adult services division of the county department of health and human services has provided written verification to the planning director confirming that there is an existing medical or other need for temporary in-home care. Subject to the restrictions of HIPAA, verification shall be satisfactory if a clinician provides written substantiation of the necessity of care and/or the individual(s) are senior citizens of at least sixty-two years of age. The written verification shall be in sufficient detail so that the planning director, or the planning commission, can determine what services are required to enable the person to be maintained in his or her home, rather than being placed in a skilled nursing facility or other housing facility. The assets or income of the person or the family shall not be a factor determining the need for in-home care.

d.

Written verification by adult services that the intended occupant(s) of the mobile home or recreational vehicle cannot reasonably be housed in the principle dwelling unit. Said written verification shall state the limitations of the principle dwelling and the needs of the proposed occupant that establish the mobile home or recreational vehicle is necessary.

e.

Requirements of the health department, the building department and other public agencies have been met, including the requirement to connect to all utilities such as power, water and septic.

f.

The mobile home or recreational vehicle shall meet any required snow load requirement which may include the construction of a ramada to protect the unit.

g.

All such units shall post in a clearly visible location a placard to be issued by the County of Trinity that will indicate the subject unit is currently permitted under these provisions.

h.

The county shall record a notice of environmental constraint against the title of the lands subject to the permit that the additional dwelling occupied under these provisions is temporary in nature, limited to provisions of this section and is solely for the use of the identified occupant(s).

i.

A "recreational vehicle" that may be utilized under these provisions shall be limited to Class A or C motor homes, travel trailers and fifth wheels. It specifically does not include slide in truck campers, folding camp trailers, or van conversions. The units shall contain complete provisions for independent living including specified areas and facilities for living, food preparation, and sanitation.

K.

Alternative Housing. The following uses are permissible in every zoning district permitting a single-family dwelling: Emergency shelter, supportive housing, transitional housing, as defined within this title for occupancies of up to six guests/tenants.

Group Care: Supportive housing, transitional housing, or other facilities authorized, certified or licensed by the state to provide board, room, and personal care for seven or more, but not to exceed twenty-five individuals or large family day care as defined by the California Health and Safety Code, subject to a planning commission issued use permit.

(Ord. No. 315-769, § 1, 10-7-08; Ord. No. 315-802, 4-23-13; Ord. No. 315-806, § 1, 1-28-14)

A.

Transmission Facilities.

1.

Purpose. It is the intent of this chapter to implement with a single procedure Section 12808.5 of the California Public Utilities Code and Sections 53091 and 53096 of the California Government Code which authorizes the county to review and to approve or disapprove the location and construction of facilities for the transmission of electrical energy, operating at thirteen thousand volts or more (13KVA), such as substations, transmission lines and poles, and accessory structures.

It is the purpose of this section to provide for these facilities in the county's communities in the most compatible and least obtrusive manner, while insuring that electrical energy is made available to every part of the county. The procedural rules set forth herein are designed to insure that sufficient information is provided in decision on applications submitted.

2.

Definitions. For purposes of this section, the following definitions shall apply:

a.

"Direct impact" shall mean interference with the use of enjoyment of a person's property, real or personal, such as visual impacts, noise impact and interference.

b.

"Feasible" shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

c.

"High voltage transmission facilities" shall mean electrical transmission lines, poles, and accessory structures operated at the electrical potential of thirteen thousand volts or greater, and substations where at least one of the transmission lines connecting with the facility is operated at the electrical potential of thirteen thousand volts or greater.

d.

"Substation" shall mean a facility which transforms electrical energy to a lesser voltage for the purposes of sub-regional or localized distribution, or which functions as a transition point from overhead to underground acts as the point of convergence for two or more transmission lines.

3.

Procedure.

a.

Location. High voltage transmission facilities may be located in any zone subject to the provisions of this chapter.

b.

Permit Required. A use permit is required to construct and locate a high voltage transmission facility in any zone. Application for a transmission facility permit shall be filed with the planning commission and shall be subject to a filing and investigation fee.

c.

Information to Accompany Permit Application. An application for a use permit shall be accompanied by plans and the environmental document prepared and certified pursuant to the California Environmental Quality Act Public Resources Code Section 21000 et seq., sufficient in detail to allow the Planning Commission to determine the exact nature and extent of the use. The application shall include at a minimum the following information:

i.

The expected electrical requirements of the areas within the district or area which will be affected by the project;

ii.

The locations and capacities of the high voltage transmission facilities proposed, together with a description of basic technical and design concepts that favor the selection of the chosen locations and list of feasible alternative sites;

iii.

An assessment of the type and magnitude of the direct impacts of the proposed project and of each alternative;

iv.

Mitigation measures:

(A)

The measures to be implemented to compensate for or mitigate the direct impacts of the project;

(B)

Where any portion of a proposed project is adjacent to residentially zoned or residentially used property, or an environmentally sensitive area, a discussion of feasible routing alternatives;

v.

Any other information the planning director deems necessary to allow the planning commission to determine the exact nature and extent of the proposed project and any impacts of the project.

d.

Hearings.

i.

Within thirty days after an application for a use permit is filed and accepted as complete the planning commission shall hold a public hearing thereon. The procedural requirements for the hearing shall be governed by Chapter 17.32 of this title; provided, that said hearing may be initiated only by the permit applicant.

ii.

Mailed notice of the hearing shall be provided at least ten days prior to the hearing to the owners of all property within three hundred feet of the property subject to the permit; provided, that if such mailed notice would result in notice to more than two hundred fifty persons, as an alternative to such mailed notices, notice may be given by placing an advertisement in a newspaper of general circulation within the area affected by the proposed facilities.

iii.

The planning commission shall approve, approve an alternative, or deny the permit.

iv.

Review Criteria and Findings. The planning commission shall evaluate applications for such use permits in accordance with intent and purpose statement contained in Section 17.30.010 of this chapter and any applicable land use plans and policies adopted by the board of supervisors.

v.

Any decision of the planning commission on a transmission facilities permit application shall be based on findings concerning:

(A)

The consistency of the proposed facilities with the county's general plan and specific plans.

(B)

Whether there are feasible alternatives to the proposal.

(C)

Such other factors related to the public health, safety and welfare.

(D)

Environmentally sensitive areas.

B.

Other Public Utilities. Other public utilities including, but not limited to, water, telephone, and cable TV systems, may be permitted in any district upon first obtaining a use permit, provided that a use permit shall not be required for underground gas, water, telephone or cable TV systems located within a special district formed for such purposes. Also, a use permit shall not be required for individual service connections or extension.

C.

Power Generation and Transmission Facilities. All power generating or transmitting facilities shall conform to the following development and performance standards:

1.

Noise. All power generating facilities shall be constructed, adjusted or insulated to conform with the noise standards established in Section 17.30.100(C) of this chapter.

2.

Enclosures. All power generating equipment shall be completely enclosed within a building or a fence at least six feet in height. Plans for such enclosures shall be submitted with the permit application.

A.

Regulations for Private Stables.

1.

The following regulations shall apply in all cases where a use permit has been issued for the maintenance of a private stable:

a.

Minimum building site area for the first two horses: One acre; each additional horse twenty thousand square feet in addition to the one acre.

b.

Stables and paddocks shall not be less than fifty feet from the front property line, nor less than twenty feet from any side or rear property lines, nor closer than forty feet from any dwelling on the same or contiguous property.

B.

Keeping of Livestock in Residential Zoning Districts.

1.

The planning director shall establish a waiver process in conjunction with 4H, FFA or student livestock projects in residential zoning districts where animal rearing is prohibited. Such waivers shall include but not be limited to the notification of neighbors, annual renewal and provide for adequate setbacks to reasonably protect neighboring uses. An approved waiver shall be for less than one year and will terminate at the completion of the Trinity County Fair. The planning director shall consult with the county agriculture commissioner, high school agricultural advisors and the county 4H advisor in developing standards for the waiver process.

2.

Personal Keeping of Chickens. Up to six chickens (hens only, no roosters) may be kept in a rear yard (in the rear of the house) within a fully contained coop meeting the following minimum standards:

a.

The "coop" would be considered to both the solid material shelter as well as the outdoor yard area within which the chickens are kept.

b.

The coop must be completely secured within walls and roof.

c.

The coop shall be maintained to prevent wildlife or other outside predators from gaining entry.

d.

The solid material structure shall be limited to a maximum of one hundred square feet in size, however the outdoor area is unlimited provided it is completely contained.

e.

The coop shall be located to be a minimum of twenty feet from any off-site residence and shall otherwise conform to setbacks of the district.

f.

The coop shall be regularly cleaned and maintained.

C.

Accessory Dwelling Units.

1.

Purpose. It is the intent of this subsection to provide a procedure whereby one additional dwelling unit can be located on a lot already developed with a single-family dwelling. Furthermore, it is also the intent of this section to require that such units only be located on parcels which are physically capable of accommodating an additional dwelling unit, have approved legal access, and meet other development standards that also apply to development of a single-family dwelling, but are no more restrictive.

2.

Definitions. As used in this subsection, the following terms shall mean:

"Accessory dwelling unit" means an "attached" or "detached" or "repurposed existing space" residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Living area" means the interior 'habitable' area of a dwelling unit including basements and attics but does not include a garage or any accessory structure (Government Code Section 65852.2).

3.

Development Standards. The development standards for an accessory dwelling unit shall be as follows:

a.

Allowable Zone Locations. An accessory dwelling unit may only be located on a parcel having an existing single-family dwelling unit and that is zoned rural residential (RR), single-family (R-1), duplex residential (R-2), multiple family (R-3), or residential-office (R-O); and on a parcel zoned unclassified (U) that lies within a rural residential (RR), community development (CD), village (V), single-family residential (SF/HD; SF/MD), or multifamily residential (MFR) land use designation as described in the land use element of the Trinity County General Plan.

b.

Floor Area (Attached). The increased floor area of an attached second unit shall not exceed thirty percent of the existing living area, nor be greater than one thousand two hundred square feet.

c.

Floor Area (Detached). The total floor area of a detached second dwelling unit shall not be less than two hundred fifty-six square feet, or as defined by the California Building Code (CBC) as a minimum dwelling unit. There is no maximum floor area.

d.

Zoning District Standards. The second dwelling unit shall conform to the development standards for the zoning district in which it is located, including, but not limited to setback, height and lot coverage. For purposes of density calculation, an accessory dwelling unit is considered an accessory use of the property and not counted as an additional residential unit. If an existing garage, or similar out-building, is being converted to an accessory dwelling unit, additional setbacks shall not be required beyond those required for the garage.

e.

Parking. In addition to meeting parking requirements for the main dwelling, at least one parking space shall be provided for an accessory dwelling, which may be used in tandem with other required parking; provided, however, that no additional parking shall be required if:

i.

The accessory dwelling unit is located within one-half mile of a public transit stop;

ii.

The accessory dwelling unit is located within an architecturally and historically significant historic district;

iii.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; or

iv.

When there is a car share vehicle located within one block of the accessory dwelling unit.

f.

Sewer. The accessory dwelling unit shall be individually serviced by a sewer hook-up, unless the unit is contained within the existing space of a single-family residence or an existing accessory structure. If not within a community providing sewer service, a detached accessory dwelling unit shall be individually serviced by an individual on-site sewage disposal system approved by the environmental health division of the building and development services department. For an attached accessory dwelling, the environmental health division shall evaluate the existing system to ensure proper sizing, compliance, sanitary operation and future repair area.

g.

Domestic Water. Both the primary and the second dwelling unit may utilize a common water supply provided that a minimum flow of three gallons per minute per unit is available for domestic use in addition to meeting water supply requirements for fire protection, and the system has been approved by both the environmental health division and the appropriate fire protection agency.

h.

Utility Fees. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service (Government Code, Section 65852.2).

i.

Building Permit. A building permit is required. The accessory dwelling unit shall be developed in accordance with the California Building Code (CBC) and any other adopted standards of federal, state or local agencies that would normally apply to construction of a single-family dwelling.

j.

Fire Safe. The accessory dwelling unit shall meet the requirements of PRC § 4290, the Trinity County Fire Safe Ordinance #1162 for new structures and/or any adopted local fire code, provided, however, that an attached accessory dwelling unit shall not be required to provide fire sprinklers, or other life and protection improvements, if they are not required for the primary residence.

A minimum ten-foot setback is required between newly constructed detached accessory dwelling units for fire safe purposes. This setback shall be increased to sixty feet to comply with Cal-Fire and county fire safe standards for those parcels in the county where additional separation is necessary for fire protection, or meet the "same practical effect" if approved by Cal-Fire, in accordance with Pub. Res Code, § 4290; CCR §§ 1270—1276, and T.C. Ord #1162 (Fire Safe Ord). This provision does not apply to the conversion of an existing permitted structure to an accessory dwelling unit.

k.

Rent/Sell. An accessory dwelling unit may be rented but may not be sold independent of the primary dwelling unit unless the original parcel upon which it is located is first subdivided in accordance with the rules and regulations of the California Subdivision Map Act and the Trinity County Subdivision Ordinance.

(Ord. No. 315-806, § 1, 1-28-14; Ord. No. 315-812, § 1, 6-16-15; Ord. No. 315-819, § 1, 4-4-17)

A.

Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances are permitted in the district, height limits may be exceeded upon securing a use permit in each case. Local distribution poles for public utilities shall be allowed in all districts and to greater heights than permitted for the districts without receiving a use permit.

B.

In any district with a height limit of less than fifty feet, public buildings, schools, churches, hospitals, and other institutions permitted in each district may be erected to a height exceeding that permitted in the district, provided that the gross floor area ratio to building site ratio shall not be increased unless specifically permitted in the district, and provided that the light angle of seventy degrees shall be established and maintained.

C.

Upon securing a use permit, any building in any C, R-3, or M district may be erected to a height exceeding that herein specified for such district provided that the floor area ratio to building site area does not exceed that specified in the district.

D.

Upon the securing of a use permit as provided herein any building may be erected to a height exceeding that herein, before specified for the respective districts, provided that the gross floor area of such buildings shall not exceed that possible for a building in such respective district erected within the height limit herein before specified for such district.

E.

Accessory buildings in R, A, H, and RR districts shall be limited to a maximum height of twenty-five feet, provided that additional height may be permitted upon securing a use permit; and provided further, that this provision shall not apply to heights of agricultural structures in A, RR, or SC districts.

F.

Where the average slope of a lot is greater than the ratio of one foot rise or fall in seven feet of distance from the established street elevation at the property line, one story in addition to the number permitted in the district in which said lot is situated shall be permitted on the downhill side of any building, provided that the height of the building shall not be increased above the limit specified for said district.

A.

In any case where an official building line has been established as a part of the circulation element of the general plan, the required yards on the street side shall be measured from such official plan lines, and in no case shall the provisions of this title be construed in permitting any structure to extend beyond such official plan line.

B.

In any case where building lines have been established on any sectional district map for the purpose of determining building locations with respect to street or highway right-of-way lines, the required yards on the street side shall be measured from such building lines.

For the purpose of determining building locations with respect to street and highway right-of-way lines, building lines are hereby established as shown on the sectional district maps adopted under Chapter 17.09 of this title.

C.

For the purpose of promoting the public health, safety and general welfare, a fifty-foot building setback line is hereby established on all federal aid secondary, and all state highways in the county.

No building or structure (excluding open fences or solid fences less than three feet in height) shall hereafter be erected, constructed or moved so that any portion of the structure is located within the right-of-way of any public road within a public road easement, and no existing structure shall be added to or enlarged so that the addition or enlargement is located within the right-of-way of any public road or within a public road easement.

No building or structure (excluding open fences and solid fences less than three feet in height) shall hereafter be erected, constructed or moved so that any portion of same shall be closer than fifty feet to the center line and no existing building or structure shall be added to or enlarged so that such addition or enlargements shall be closer than fifty feet to the center line of the federal aid secondaries and all state highways.

D.

Architectural features such as cornices, eaves and canopies may extend a maximum of thirty inches into any required side yard. Eaves and canopies may extend a maximum of thirty inches into any required front or rear yard. Fire places, not exceeding eight feet in breadth may extend not more than thirty inches into any required front, side or rear yard.

Open, uncovered, raised porches, landing places or outside stairways may project not more than three feet into any required side yard; and not exceeding six feet into any required front or rear yard.

In any R or R-R district, where fifty percent or more of the building sites on any one block or portion thereof in the same districts have been improved with buildings, the required front yard shall be a depth equal to the average of the front yards of the improved main buildings, to a maximum of that specified for the district in which such building site is located.

E.

In case a dwelling is to be located so that the front or rear thereof faces any side lot line, such dwelling shall not be less than ten feet from such lot line.

F.

In case a building site is less than sixty feet in width, side yards equal to ten percent of the lot width, but no less than four feet, shall be required, except in C or M districts.

G.

In the case of a corner lot adjacent to a key lot, the required side yard on the street side for any building within twenty-five feet of the side line of the key lot shall be equal to the front yard required on the key lot, and if more than twenty-five feet from such side line, the required side yard shall be fifty percent of the front yard required on the key lot.

H.

Reserved.

I.

In case of a lot abutting upon two or more streets, the main and accessory buildings shall not be erected so as to encroach upon the front yard required on any of the streets.

J.

Reserved.

K.

Nothing contained in the general provisions shall be deemed to reduce the special yard requirements as set forth in the regulations for any "R," "C-H," "R-R" or "A" Districts.

L.

Structures, except utility poles and utility equipment appurtenant thereto, shall not be located so as to encroach on any utility or road easement or right-of-way.

Swimming pools in any "R" district shall be constructed on the rear half of the lot, or fifty feet from the front lot line, whichever is the less, or unless a different location is approved by the planning commission upon the securing of a use permit. Such pool shall not be located closer than five feet from any rear lot line or side line. On the street side of any corner lot, where the rear of a lot line abuts a side lot line. The planning commission may reduce these requirements by fifty percent upon securing a use permit in each case.

Filter and heating systems for such pools shall not be located closer than twenty feet to any dwelling other than the owner's.

No pool shall occupy over forty percent of the required rear yard. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage. All such swimming pools shall be completely enclosed by a fence at least six feet in height, and all gates shall be self-latching.

A.

No person shall camp on private property, or place or use any recreational vehicle on such property, except as provided in the zoning district in which the camping or RV use occur, and as further provided in this section.

B.

Definitions.

1.

To "camp," or "camping," shall mean the occupancy of a lot or parcel, for a 24-hour period or longer, for living, sleeping, and/or sanitation, within temporary structures such as tents, canopies, tarps, or other shelters.

2.

"Recreational vehicles" [See Health and Safety Code Section 18010].

C.

Camping and the placement of recreational vehicles on property shall be permitted on lots or parcels subject to compliance with all of the following requirements:

1.

A person shall not camp or place a recreational vehicle on a lot or parcel for more than thirty days in any one-year period, measured from January 1 to December 31. Camping or placement of a recreational vehicle for more than thirty days shall require a director's use permit and shall comply with the standards of subsection D for extended stay permits.

2.

Tent camping is permissible only on parcels five acres or larger, unless such camping is done in association with and accessory to a permitted single-family dwelling on site.

3.

Placement of recreational vehicles is permissible only on parcels two and one-half acres or larger.

4.

Sanitation facilities for the camping or recreational vehicles shall be either fully self-contained, or shall be connected to a fully permitted sewage disposal system serving the property.

5.

No permanent power may be permitted in association with the camping use.

6.

Generators or other noise generating devices shall not be operated between the hours of nine p.m. and seven a.m. weekdays and nine p.m. and nine a.m. weekends.

7.

All portions of tents and associated camping equipment and facilities shall be a minimum of one hundred feet from all property lines. All portions of recreational vehicles shall be a minimum of thirty feet from all property lines.

8.

Outside cooking shall be subject to all applicable fire safe standards.

9.

All camping shall comply with State Fire Safe Guidelines (see PRC 4290).

10.

At the termination of the term of camping or recreational vehicle use, all improvements, including tents, temporary structures, recreational vehicles, etc. shall be removed from the property.

11.

The recreational vehicle shall remain towable at all times and shall be currently registered with DMV within the State of California. No buildings may be attached to it.

12.

A recreational vehicle may be stored on a property. Such RV shall not be connected to utility (minor connection for prevention of mildew may be considered) and shall not be used for occupancy unless done so within the parameters of these provisions. The connection to any utility may be considered prima facie evidence of occupancy.

13.

These provisions shall limit camping in a tent or recreational vehicle to no more than one such unit on land less than five acres. On parcels greater than five acres there may be two such units. Provisions for greater numbers may be considered under variance procedures as provided in Chapter 17.31 of the zoning ordinance.

14.

All such permitted units shall post in a clearly visible location a placard to be issued by the County of Trinity that will indicate the subject unit is currently permitted under these provisions

D.

Extended camping or placement of a recreational vehicle may be permitted on a parcel upon the granting of a director's use permit and subject, in addition to those provisions of subsection C, to the following additional standards:

1.

Seasonal camping or recreational vehicle placement may be permitted for up to a maximum of ninety days.

2.

Any connection to utility such as power, water, and septic must be approved by the building inspector, the environmental health division, and/or any other agency having jurisdiction over such utilities.

3.

Prior to placement of the recreational vehicle, the applicant must obtain a septic permit from the environmental health division, install the sewage disposal system, and hook the recreational vehicle to the system. A portable toilet shall not meet the requirements of this sub-paragraph.

4.

The applicant shall demonstrate an approved, legal water source.

5.

An encroachment permit from the public right-of-way is required for the driveway.

6.

At the termination of the term of use, the recreational vehicle shall be removed from the property; however a fully permitted self-contained RV may be placed in dead storage, i.e. all utility connections shall be removed and no occupancy may occur. Connection to any utility shall be considered prima facie evidence of occupancy.

7.

By applying for the permit the applicant shall acknowledge that the county building official, division environmental health staff, and other staff have the ability to inspect the property to insure compliance with all applicable standards.

8.

All such units shall post in a clearly visible location a placard to be issued by the County of Trinity that will indicate the subject unit is currently permitted under these provisions.

E.

Temporary Construction Support. Temporary occupancy of a recreational vehicle to be occupied during the course of construction of a single-family dwelling may be permitted regardless of parcel size upon granting of a director's use permit, subject to the following standards:

1.

A valid building permit for the single-family dwelling to be constructed must be in effect.

2.

The applicant must obtain a permit from the building department for hookup of the recreational vehicle to utilities prior to occupancy.

3.

Prior to occupancy of the recreational vehicle, the applicant must obtain a permit from the environmental health division, install the sewage disposal system and hook the recreational vehicle to the system. A portable toilet shall not meet the requirements of this sub-paragraph.

4.

The use permit is valid for one year only from the date of issuance and may be renewed as provided in Section 17.32.050(D) of this title, provided the permit remains active and satisfactory progress in the construction of the dwelling is made.

5.

The RV is subject to the vegetative clearance standards of Public Resources Code 4291 and that section's implementing regulations.

6.

Once the dwelling is cleared for occupancy, the recreational vehicle must be disconnected from all utilities. It may be stored on the property, but cannot be lived in. Connection to any utility shall be considered prima facie evidence of occupancy.

7.

An encroachment permit shall be required for any connection to a public right-of-way.

8.

Generators or other noise generating devices shall not be operated between the hours of nine p.m. and seven a.m. weekdays and nine p.m. and nine a.m. weekends.

9.

By applying for the permit the applicant shall acknowledge that the county building official, division environmental health staff, and other staff have the ability to inspect the property to insure compliance with all applicable standards.

F.

The provisions of this section shall not apply to the storage of a recreational vehicle for personal use of a homeowner residing in a legal, permanent dwelling on the property.

(Ord. No. 315-801, § 1, 4-23-13)

A.

Location of Parking Spaces, Common Facilities.

1.

All off-street parking spaces, whether in a garage, or open area, shall be so located as to be accessible and usable for the parking of motor vehicles.

Common parking facilities may be provided in lieu of individual requirements; provided the common parking facilities have a total number of parking spaces not less than the total number of individual requirements, less any individual requirements actually provided, and meet the requirements of the zone in which they are located.

2.

"Accessible," as used above, in reference to a garage not having an entrance on an alley, means that there shall be an unobstructed surfaced area extending from the garage entrance directly away therefrom for a distance of thirty feet for a residential development. Such surfaced area shall be the full width of the garage for the entire footage required, and shall be connected by a surfaced area of twelve feet minimum width with the public thoroughfare for single-family development; and fifteen feet minimum width for any development exceeding three units.

3.

Improvements for driveways or access to garages shall be developed and maintained as provided in Ordinance No. 238, or any amendments thereto.

B.

Minimum Requirements. The following garage and off-street parking requirements shall apply to all buildings erected, and new or extended uses commenced after the effective date of this title. For any use not specifically mentioned herein, the planning commission shall determine the amount of parking required. All facilities shall be on-site unless specified differently.

C.

Additional Requirements.

1.

Parking required in any district must be on-site, except as provided in this chapter.

2.

Joint use of parking facilities may be allowed under the following conditions:

a.

When there is no conflict in time of use.

b.

When there is sufficient parking for all uses.

3.

Parking required in "C" districts may be reduced to one-half of the stated requirements in any portion of such district included within a public parking district or assessment district for financing off-street parking facilities.

4.

Any off-street parking space for any use wherein three or more spaces are proposed shall be designed so as to provide sufficient maneuvering room for vehicles on-site so that they may leave the site to enter into any street in a forward direction.

5.

Parking in setback areas is permissible in the rear and interior side yard areas. Parking in the front or street side yard areas is not permissible unless all the following requirements are satisfied:

a.

A landscaped area equal to the front yard setback is provided within the same development; and

b.

A minimum setback of four feet is provided along the effected yard area.

6.

Parking requirements for multi-family or group housing developments that can demonstrate that they will be restricted to seniors and/or disabled persons may be reduced up to fifty percent.

(Ord. No. 315-806, § 1, 1-28-14)

A.

Fire and Explosion Hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in industry and as approved by the fire department. All incineration is prohibited, except by permit.

B.

Radioactivity or Electrical Disturbance. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located.

Further, no radiation of any kind shall be emitted in quantities which is dangerous to humans.

C.

Noise. At the lot line the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table I, after applying the correction shown in Table II.

The sound pressure level shall be measured with a sound level meter and associated octave band analyzer, conforming to standards prescribed by the United States of America Standards Institute criteria relating to noise and sound measurements. Measurements shall be made using the flat or "C" network using unweighted octave band sound pressure levels.

TABLE I.

If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m., and 7:00 a.m., one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.

TABLE II.

D.

Vibration. No vibration shall be permitted so as to cause a noticeable tremor, measurable without instruments at the lot line.

E.

Smoke. No emission shall be permitted at any point from any chimney or otherwise of visible gray smoke or of a shade equal to or darker than No. 2 on Power's Micro-Ringlemann Chart published by the McGraw-Hill Publishing Co., Inc. and copyright 1954 (being a direct facsimile reduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines) except that visible gray smoke of a shade equal to No. 3 on said chart may be emitted for four minutes in any thirty minutes.

F.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air, at the lot line. Any process, which may involve the creation or emission of any odors shall be provided with a secondary safe guard system so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors, Table III. "Odor Thresholds," in Chapter 5, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.

G.

Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation, or other forms of property, or which can cause any excessive soiling at any point. No emissions shall be permitted in excess of the standards specified in Table I, Chapter 5, "Industrial Hygiene Standards, Maximum Allowable Concentration" of the "Air Pollution Abatement Manual" copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations, exceed 0.3 grains per cubic foot of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air.

H.

Glare. No direct or reflected glare, whether produced by flood light, high temperature processes such as combustion or welding, or other processes, so as to be visible from any boundary line of property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that the said sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs.

I.

Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accord with standards approved by the California Department of Public Health or such other governmental agency as shall have jurisdiction of such activities.

All automobile service stations shall be subject to the following standards.

A.

In any "C-N," "C-1," or "H-C" district service stations shall be rustic or semi-rustic in design using wood, brick, stone, or other architectural features to enhance the appearance of the structure.

B.

The roofs of all service stations shall be pitched or sloped and shall have a surface of shingles, colored rock, shakes, or similar material.

C.

No "A" boards, "I" board signs or pennants shall be permitted on the building site where a service station is located or in any "C-N," "C-1" or "H-C" district.

One single-family use who's primary purpose is to take care of and provide watchman services for C-1, C-2, C-3, H-C, PF and I properties shall be subject to the granting of a commission issued use permit. The following special provisions must be complied with and reviewed during consideration of the use permit for such units:

A.

Structural setbacks consistent with the rural residential zoning district standards.

B.

The caretaker unit shall be limited to no more than one thousand gross square feet.

C.

The caretaker unit shall be located in such a manner so that it is not visually intrusive or highly visible from arterial or collector roads abutting the subject site.

D.

The caretaker unit shall be located in such a manner so as to not interfere or adversely impact the use of the site or adjacent parcels.

A.

Use Permit Required. A use permit is required to establish a bed and breakfast inn in all zoning districts except the retail commercial (C-1) and general commercial (C-2) zoning districts where bed and breakfast inns are allowed by right subject to compliance with development standards.

B.

Development Standards.

1.

Parking. At least two off-street parking spaces for the owner-manager and one space per each guest room shall be provided. On-street parking may be permitted for guest parking as long as the total number of spaces (parallel to the street) does not exceed the street frontage of the parcel being used as a bed and breakfast inn.

C.

Uses. In addition to overnight accommodations, the use permit may authorize limited ancillary social gatherings, such as conferences, weddings, fund raisers, and similar events, attended by any non-lodger, subject to any conditions imposed by the commission or board, as may be necessary to satisfy Chapter 17.32, including, but not limited to, restrictions on the frequency and timing of events, and the maximum number of persons per event. Except as expressly authorized in the use permit, such activities are prohibited.

A use permit shall be required for the construction of any building where such construction would result in over five thousand square feet of floor area on any parcel zoned C-1 or C-2.

This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

A.

Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by subsection B (Application Requirements).

B.

Application Requirements.

1.

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the planning department, or in the form of a letter, to the director of planning and shall contain the following information:

a.

The applicant's name, address and telephone number.

b.

Address and assessor parcel number of the property for which the request is being made.

c.

The current actual use of the property.

d.

The basis for the claim that the individual is considered disabled under the Acts.

e.

The zoning code provision, regulation, or policy from which reasonable accommodation is being requested.

f.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

g.

Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, conditional use permit, design review, general plan amendment, zone change, etc.), then the applicant shall file the information required by subsection a together for concurrent review with the application for discretionary approval.

C.

Review Authority.

1.

Director of Planning. Requests for reasonable accommodation shall be reviewed by the director of planning (director), or his designee, if no approval is sought other than the request for reasonable accommodation.

2.

Other Reviewing Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

D.

Review Procedure.

1.

Director Review. The director, or his designee, shall make a written determination within forty-five days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection E (Findings and Decision).

2.

Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with subsection E (Findings and Decision).

E.

Findings and Decision.

1.

Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

a.

Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts.

b.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

c.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the county.

d.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a county program or law, including but not limited to, land use and zoning.

e.

Potential impact on surrounding uses.

f.

Physical attributes of the property and structures.

g.

Alternative reasonable accommodations which may provide an equivalent level of benefit.

2.

Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (E)(1) above.

F.

Appeal of Determination. A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed to the planning commission in compliance with Chapter 17.34 of the zoning code.

G.

Environmental Determination. The board finds that the adoption and implementation of this section are exempt from the provisions of the California Environmental Quality Act in that the board finds there is no possibility that the implementation of this section may have significant effects on the environment.

(Ord. No. 315-807, § 1, 1-28-14)