Chapter 18.102 GENERAL PROVISIONS AND EXCEPTIONS

Notwithstanding anything to the contrary contained in this title, no person shall place a manufactured or mobile home upon any lot within the county, whether occupied or unoccupied, if more than twenty years have elapsed between the date of manufacture of the home and the date of application for the issuance of a permit for its placement on the property.

This section shall not apply within mobile home parks or state licensed farm labor housing facilities.

Any manufactured or mobile home in place and not legally established prior to May 11, 1989 may be legalized with the issuance of all applicable permits from the Lassen County department of community development and health department provided the manufactured or mobile home has not been moved from its precise location on the property.

This subsection shall only apply to manufactured or mobile homes which could have legally been established, by right, within the zoning district it was placed, at the time of placement.

(Ord. 467-AE § 3, 2009; Ord. 467-AF § 2, 2009)

§ 18.102.013 Foundation required.

Any mobile home or manufactured home to be placed on a lot in an R-1, R-2, R-3, A-2 zone, D combining district or within an area designated as a scenic highway corridor, and which is not within a mobile home park shall be set on a conventional concrete or concrete block perimeter foundation system designed by a California registered professional engineer or architect, or on a foundation system approved as such by the state of California.

(Ord. 467-AE § 4, 2009)

§ 18.102.014 Skirting required.

Any mobile home or manufactured home placed outside of a mobile home park and not on a conventional concrete or concrete block perimeter foundation shall have approved skirting.

(Ord. 467-AE § 4, 2009)

§ 18.102.016 Freestanding roofs.

A manufactured or mobile home may be placed under a freestanding roof with design review approval except that a freestanding roof may not cover a manufactured or mobile home in an R-1, R-2, R-3, A-2 zoning district, D combining district or within areas designated as scenic highway corridors.

Architectural Requirements for Freestanding Roofs.

Roofs must not be elevated so high as to make the roof of the manufactured or mobile home visible and gable ends must have siding extending down far enough to conceal the existing roof at the ends.

Roof overhangs must extend a minimum of twelve inches from the sides of supporting members and on the gable ends.

Roof must be a minimum four in twelve pitch.

All plumbing and heating vents must be extended through the freestanding roof to the length required within the building codes.

Siding must be one of the following:

Wood composite siding material;

Natural wood;

Stucco;

Masonry;

Concrete;

Natural or cultured stone; or

(G)

Metal or vinyl siding may be used in conjunction with one of the above materials provided not less than one half the structure is sided or skirted with one of the materials in subsections (5)(A) through (F) above. Any metal or vinyl siding must be treated with an oxidation inhibitor and shall have a no-glare surface.

§ 18.102.017 Recreational vehicle use as temporary living quarters.

Structures shall not be painted in fluorescent, luminescent, or other extreme colors which detract from the appearance of the neighboring property, the community as a whole or the natural environment.

(Ord. 467-AE § 5, 2009; Ord. 467-AF § 2, 2009)

A recreational vehicle may be used as temporary living quarters during a period of construction of a primary residence or other primary use structure in any district, provided such use is clearly temporary for the period of time indicated on the approved building permit for the residence/primary use structure.

(Ord. 467-AE § 5, 2009)

§ 18.102.020 General district uses.

The following uses may be permitted in all districts, except O-S, O-D and O-H districts, or as otherwise specifically prohibited, subject to securing a use permit in each case:

Surface mining as provided for in Chapter 9.60 of this code;

Excavation of minerals, earth or construction materials from the surface of the earth in amounts exceeding one thousand cubic yards, except that:

A use permit shall not be required for earth-moving or excavation activities when such are a necessary and integral part of a construction project for which the following conditions are met:

(i)

All necessary grading and building permits have been obtained, and

(ii)

No excavated material is removed from the construction site, or

(iii)

When the excavation of material has been fully considered and addressed by the approving agency in the course of permitting the project generating the material(s), and when the disposition of the excavated material has been fully considered and addressed by the approving agency in the course of permitting the project receiving the material(s);

A use permit shall not be required for earth-moving or excavation activities when such are a necessary and integral part of an agricultural operation, and the excavated or surplus material is used for agricultural purposes on agricultural lands;

Exploratory wells for geothermal, gas and oil resources;

Production wells and projects involving geothermal, gas and oil resources. Production wells and projects may be considered with the exploratory phase as one permit if sufficient information is submitted to describe the proposed production phase of the project;

Circus, open-air fair, carnival, or similar temporary assemblage of large amounts of people, provided no permanent structure is constructed.

The following uses may be permitted in all districts, subject to the below-listed stipulations:

Public utility, electric, gas, water, oil and telephone transmission and distribution lines shall be permitted in all districts without the necessity of first obtaining a use permit; provided, that maps showing proposed routes of such transmission lines, together with a written statement of approximate structure heights and right-of-way widths, shall be submitted to the planning commission, and routes mutually acceptable to the planning commission and utility agencies concerned shall be determined in writing. The planning commission shall make findings concerning the consistency of such proposed routes with the general plan;

Nonpublic utility lines for transmission or distribution of electricity, gas, water, oil, gasoline, telephone, television, or other utility may be permitted in all districts; provided that, in any case necessitating right-of-way acquisition, a use permit shall be secured in each case prior to such acquisition. Each use permit application shall be accompanied by plans, showing on current U.S.G.S. Quadrangle or equivalent maps, the right-of-way route proposed, and written statements or scaled drawings, or both, the proposed right-of-way width, structure types and heights, burial depths and such other information as may be deemed necessary by the planning commission;

Except as otherwise specified in this title, the sale and service of alcoholic beverages shall be permitted by right if incidental to the operation of a restaurant or delicatessen.

(Ord. 467 § 39, 1984; Ord. 467-Q § 19, 1994; Ord. 467-R § 3, 1994)

§ 18.102.030 Selected district uses.

The following uses may be allowed in all districts, except as otherwise provided in this title, subject to securing a use permit in each case:

Public parking lot;

Buildings or uses designed for public use (including ownership by city, county, district, state or national government).

Quasi-public buildings may be permitted, subject to securing a use permit, in the following zones: R-1, R-2, R-3, A-1, A-2, A-3, C-T, C-G, P-D, PUD, E-A, U-C, and U-C-2.

(c)

Bed and breakfast establishments may be operated in any R residential, C commercial, A agricultural, E-A, U-C or U-C-2 zone, subject to the following provisions:

A certificate of conditional use is obtained for establishments located on parcels containing five or more acres, except where a use permit may be required in subsection (2) of this section.

A use permit is obtained for establishments located on parcels of less than five acres; and for any establishment proposing to offer more than five guest rooms.

Not more than one bed and breakfast establishment may be operated on any parcel of land.

An owner or operator of the establishment shall reside within the establishment or in a separate residence located on the same parcel as the establishment. In the case of a bed and breakfast which is part of an agricultural operation, the owner or operator may reside in a separate residence located within the contiguous agricultural holdings that the establishment is associated with and incidental to.

One detached or attached, unlighted sign with a maximum allowable sign area of twelve square feet is permitted.

A minimum of one off-street parking space per guest room shall be provided.

No long term rental of rooms is permitted. The maximum stay for guests shall not exceed twenty-nine consecutive days in a thirty day period.

Bed and breakfast establishments shall be subject to the transient occupancy tax (Chapter 3.24, Lassen County Code).

Any cooking facility must comply with state and county codes.

Sewage disposal and water supply systems shall be approved by the Lassen County health department.

(d)

California Refund Value (CRV) recycling centers may be permitted, subject to securing a use permit, in all commercial and industrial zoning districts, also including the "B-P" business park, "U-C" upland conservation, and "Y-C" airport commercial zoning districts. The "M" industrial and "M-2" heavy industrial zoning districts, in which recycling centers are already allowed by right, will not require a use permit.

(e)

Selected District Uses. Medical helipads may be permitted, subject to securing a use permit, in all zoning districts except for residential districts as defined in Lassen County Code Section 18.14.995, and shall not be permitted in "P-C" Planned Community Districts, "O-S" Open Space Districts, "O-D" Primitive Area Districts, "O-H" Historical Site Districts, "O-C-B" Public Campground/Boating/Beach Districts, "T-P-Z" Timber Production Zone Districts, or "A-P" Agricultural Preserve Combining Districts.

(Ord. 467 § 39, 1984; Ord. 467-X §§ 7, 10, 2000; Ord. 467-AC § 26, 2003; Ord. 467-AE § 5, 2009; Ord. 2016-003 § 3; Ord. 2017-008 § 3)

§ 18.102.040 Height requirements.

Except as specified otherwise in this title, the following height regulations shall apply:

Chimneys, vents and other architectural or mechanical appurtenances and towers, poles, water tanks and similar structures may be erected to a greater height than the limit established for the district in which they are to be located subject to securing a use permit in each case.

In all R residential districts, fences, shrubs, hedges, screen plantings and similar obstructions shall not exceed three feet in height in front yards or six feet in adjoining or contiguous lots which have a difference in ground elevations. An additional fence height may be permitted between side or rear yards not exceeding eight feet above the ground level of the lower property line, provided that the portion of such fence permitted extending above six feet shall be so designed as to permit adequate air circulation. These provisions shall not be construed to prevent or prohibit shrubs, trees or other ornamental plantings which are primarily intended or designed for landscaping purposes.

(c)

In all districts, notwithstanding any provisions of subsection (b) of this section to the contrary, in the case of corner lots, fences, shrubs, hedges, screen plantings or other obstructions shall not exceed three feet in height within any sight distance area; provided further, that trees located in the sight distance area shall be trimmed free of branches to a minimum height of eight feet above the adjacent sidewalk level or to allow adequate sight distance at driveway approaches to streets and at street intersections.

(Ord. 467 § 39, 1984; Ord. 467-AC § 26, 2003)

§ 18.102.050 Area requirements.

Except as specified otherwise in this title, the following building site area and minimum lot width regulations shall apply:

A legal use of land shall be permitted on a building site of less area or frontage than that required by the regulations of this title, providing such site is shown as a lot on a subdivision map of record or is a parcel otherwise established as legally created;

Land proposed as a building site and not having its principal frontage on a public street but in accordance with all other requirements of this title may be so used, subject to the securing of a use permit in those districts where such use is not specifically prohibited;

Minimum of one acre for property utilizing individual septic system and individual well; minimum lot width one hundred fifty feet;

Minimum of twenty thousand square feet for property utilizing individual septic system and on community water system; minimum lot width one hundred twenty-five feet;

Minimum of six thousand square feet, except corner lots, for property utilizing individual well and community sewage system; minimum lot width sixty feet at the setback line, except on corner lots;

Minimum six thousand square feet, except corner lots, for property utilizing community water and sewage system; minimum lot width sixty feet at setback line, except corner lots;

For corner lots, a minimum of seven thousand square feet utilizing community water and sewage system; minimum corner lot width seventy feet at the setback line;

The minimum parcel area requirements of the zoning district wherein certain uses may be permitted, subject to the securing of a use permit in each case, may be reduced provided the planning commission determines the use to be any of the following:

Public service or utility facility;

Oil, geothermal, or gas wells;

(C)

Radio or television transmission facilities; personal wireless service facilities;

(D)

Heliport;

(E)

Park.

In the case of lots less than sixty feet in frontage width, one additional off-street parking space shall be provided for every two spaces normally required for the proposed use of the lot.

(Ord. 467 § 39, 1984; Ord. 467-AC § 26, 2003)

§ 18.102.060 Yard requirements.

Except as specified otherwise in this title, the following yard requirements shall apply:

In any case where a building line or minimum setback line has been established (e.g., by parcel map or subdivision), the required yards shall not be less than the distance specified for such building line or setback and in no case shall the provisions of this title be construed as permitting any structures to exceed beyond such building line or setback.

Front yard: Minimum required, twenty feet; provided, that where four or more lots in a block have been improved with buildings, prior to the effective date of this section, the minimum front yard shall be the average of the improved lots if less than the required twenty feet, but not less than fifteen feet, except where combined with a B district.

Side yard: Minimum required, five feet on interior lots. The street side yard on corner lots shall be not less than ten feet, except where combined with a B district.

Rear yard: Minimum required, ten feet.

For the purposes of measuring yards, fireplaces, chimneys and cantilevered walls shall be considered as exterior walls.

Cornices, eaves, canopies and similar architectural features may extend into any required yard a distance not exceeding two feet.

Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not exceeding six feet and into any required side yard a distance not exceeding three feet.

In the case of a corner lot adjacent to a key lot in any R district, the required side yard on the street side of the corner lot 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 the balance of such side yard shall be equal to fifty percent of the front yard required on the key lot.

In cases where a parcel's front and rear property lines both have frontage upon streets which serve front property lines of other parcels (e.g., when a parcel extends through a block), the front and rear yard setbacks of said parcel shall both be the minimum setbacks of a front yard for the district in which the parcel is located.

In case an accessory building in any R district is attached to the main building, it shall be made structurally a part thereof and shall comply in all respects with the requirements of this title applicable to the main building.

(11)

Detached accessory buildings shall be located not less than five feet from any alley and shall not encroach on any easement or right-of-way of record.

(12)

Accessory buildings used as private stables shall be located not less than twenty feet from any side or rear property line, not less than fifty feet from the front property line, and not less than fifty feet from any dwelling unit located on an adjacent parcel.

(13)

Nothing contained in the general provisions shall be deemed to reduce special yard requirements as set forth in the regulations for any district.

(14)

The yard requirements contained herein may be reduced, altered or deleted in the PUD district according to the provisions of Chapters 18.48 and 18.116.

(Ord. 467 § 39, 1984; Ord. 467-Q § 20, 1994; Ord. 467-AC § 26, 2003)

§ 18.102.070 Mini-storage warehouses.

For the construction of mini-storage warehouses the following development criteria shall apply:

Natural or earth-tone colors shall apply;

Not more than two access points may be allowed on any street;

Access ways shall be 1.5 times the depth of the units facing single-sided driveways, or equal to the sum of the depths of both units for double-sided driveways, not to exceed thirty feet and not less than ten feet. Adequate additional area shall be incorporated to provide for turning radius.

Minimum building setbacks shall be as applied to any main building in the zoning district within which the mini-storage warehouse is located, but shall be not less than the following:

Front: Ten feet, except that additional setback may be required through the design review process in the event that the Road Commissioner finds that sight distance should be increased.

Side: None, provided that all runoff from the building is directed to the interior of the property.

(C)

Rear: None, provided that all runoff from the building is directed to the interior of the property.

§ 18.102.080 Fencing requirements in certain agricultural zones.

Design review, pursuant to Chapter 18.118 of this title, shall be required.

The development criteria set forth in this section constitute the minimum allowable standards for development of mini-storage warehouses in Lassen County. The architectural review committee may apply additional standards if it finds such are necessary to protect the interests of the general public, surrounding landowners or the project proponent.

(Ord. 467-G § 2, 1990; Ord. 467-AC § 26, 2003; Ord. 2024-01, 3/12/2024)

In the event that any application for change of district boundaries initiated pursuant to Chapter 18.124 of this title, would result in the removal of the subject territory from an agricultural zone to a non-agricultural zone with a minimum parcel size of less than twenty acres, the construction of perimeter fencing will be required of the property owner as a condition of approval of such rezoning. The fence shall either enclose the perimeter of the territory to be rezoned or constitute the linear equivalent thereof along the boundary of the adjacent agricultural zone, with the permission of affected property owners, at the applicant's option and with the approval of the planning department.

For the purpose of this section the following definitions will govern:

The term "agricultural zone" includes EA, UC, UC-2, TPZ, A-3 and OS.

A perimeter fence shall consist of not less than:

Four tightly stretched wires with a top wire height of forty-eight inches, equally spaced middle wires, and a smooth bottom wire no lower than eighteen inches off the ground.

§ 18.102.090 General provisions applicable to all home occupations and cottage industries.

A post shall be placed every sixteen feet in distance along the fence.

(C)

A double seven-foot "H" brace shall be constructed every one-fourth mile and on all corners and changes of fence angles.

(D)

Gates shall be provided no more than one-half mile apart and at corners and where fence crosses roads which are not improved with cattleguards. Gates shall conform to Forest Service type specifications.

(E)

Where an existing fence meets or exceeds the above specifications it will be accepted under this ordinance with the written approval of the adjacent agricultural landowners.

(c)

The applicant will be required to install cattle guards where project access roads cross boundaries between agricultural zoning districts and nonagricultural zoning districts when the perimeter of the nonagricultural district has been completely fenced. Construction shall conform to the Forest Service specifications for cattleguards.

(d)

The board of supervisors may consider appeals to the requirements for fencing in subsections (b)(2) and (c) of this section in the event the applicant is joined in such appeal by owners of two-thirds of property within agricultural zones within a two-mile radius of subject area, but not less than fifty percent in number of all landowners.

(e)

This chapter shall be inapplicable in the event that a perimeter fence, with all required cattleguards, exists around the entire perimeter of the nonagricultural zoning district in which the proposed development is to occur, including all adjacent nonagricultural zoned areas.

(f)

Wherever the fencing requirements herein apply, the planning commission or board of supervisors may impose additional perimeter fencing standards designed to keep dogs and other pets from entering adjacent agricultural lands. Such fencing may include wire mesh fencing such as page wire or field fencing, provided that the mesh fencing does not exceed a height of forty-eight inches, and provided that such mesh fencing has been reviewed under the provisions of the California Environmental Quality Act.

(Ord. 492 § 2, 1989; Ord. 467-AC § 26, 2003)

The home occupation shall take place entirely within an enclosed building except for instructional activities whose nature requires that they be performed outdoors;

The home occupation shall be subject to Chapters 18.102 through 18.104 of this code;

One nonilluminated sign not larger than three square feet shall be allowed, despite anything in this title to the contrary. On parcels smaller than twenty thousand square feet the sign shall be attached to a building and shall not be freestanding. On parcels twenty thousand square feet or larger, the sign may be freestanding. In any case, the sign shall not be located in the sight distance area as defined by Section 18.14.1080 of this code;

Noise levels associated with any home occupation activity shall not exceed the levels for residential neighborhoods as defined in the noise element of the general plan;

There shall be no outdoor processing, storage, or repair of materials or equipment except as conditionally approved with a use permit;

The display of home occupation products for sale in a manner visible from the public street or neighboring properties is prohibited;

The home occupation shall not change the exterior residential character of the dwelling and/or accessory buildings;

The home occupation shall be incidental and subordinate to the principal use of the site as a residence;

Hours of operation are unrestricted except that home occupations which generate sounds audible from off-site shall be limited to the hours of seven a.m. to ten p.m., provided that such home occupation complies with the noise element of the general plan;

There shall be no more than eight customer visits per business day;

(11)

No employee shall work on the premises other than persons who reside on the property;

(12)

No more than one hundred fifty square feet shall be used in conduct of the home occupation;

(13)

No commodity shall be sold or rented or offered for sale or rental on the premises;

(14)

The use shall not, as determined by the planning director, adversely affect the residential character of the neighborhood.

Use Permit. Upon securing a Class I use permit the following may be allowed, provided that the use shall not, as determined by the planning commission, adversely affect the residential character of the neighborhood:

Up to two full-time equivalent employees, provided there shall be no more than four part-time employees, in addition to persons who reside on the property;

In "R" zoning districts, up to seven hundred fifty square feet of area may be used in conduct of the home occupation. In other zoning districts where residences have been legally established, up to one thousand twenty square feet of area may be used in conduct of the home occupation, provided the total number of square feet of the home occupation area does not exceed more than fifty percent of the total number of square feet used for residential purposes in the building(s);

The sale or rental or offer for sale of commodities, provided such activity conforms to the provisions enumerated herein;

The use of hazardous materials (e.g., paint, solvents) in the routine conduct of the home occupation, as specifically approved as to type and amount by the county sanitarian;

§ 18.102.100 Compliance with mitigation monitoring and reporting requirements.

Outdoor storage of equipment and materials, provided that area of such storage shall be contained within the maximum square footage area specified above and provided that such storage shall not be visible from the street or adjacent parcels and shall not create any sound, smell or other offensive element.

(Ord. 467-I § 4, 1991)

The provisions and requirements of any mitigation monitoring and reporting program properly adopted in accordance with either Lassen County Code or the California Environmental Quality Act shall be adhered to. The Lassen County Environmental Review Guidelines may contain provisions and details regarding compliance with mitigation monitoring and reporting programs.

(Ord. 2015-003 § 2)

§ 18.102.110 Provisions for hemp.

"Hemp" or "industrial hemp" shall be considered a use allowed in certain districts, subject to all of the following:

"Hemp" or "industrial hemp" shall only be allowed by right in districts that are not identified in subsection (2) below;

"Hemp" or "industrial hemp" shall not be allowed in the "R-1" Single Family Residential District, "R-2" Limited Multiple-Family Residential District, "R-3" Multiple-Family Residential District, "P.U.D." Planned Unit Development, "P-C" Planned Community District, "R-S" Resort District, "O-C-B" Public Campground/Boating/Beach District, "O-H" Historical Site District, "O-D" Primitive Area, "O-S" Open Space District, "T-P-Z" Timber Production Zone District, "F-R" Forest Recreation District, "A-F" Agricultural Forest District, "H-R" Hydroelectric District, or the "Y-C" Airport Commercial District.

"Hemp" or "industrial hemp" shall only be cultivated on parcels at least nineteen acres in size;

Any cultivation of "hemp" or "industrial hemp" must be at least one hundred fifty yards from any and all residences, existing schools, school bus stops, licensed day care providers, churches, or public parks that are under separate ownership from that of the parcel or parcels on which the "hemp" or "industrial hemp" is cultivated.

"Hemp" or "industrial" hemp may be cultivated both indoors and outdoors subject to the requirements of this section and any other applicable county, state, or federal regulations.

"Indoor" or "indoors" means that the structure within which "hemp" or "industrial hemp" is being cultivated, must be either a private residence or an accessory structure within the meaning of those definitions found in this section. All cultivation which does not specifically meet the definition of "indoor" or "indoors" is considered "outdoor" or "outdoors." The cultivation of "hemp" or "industrial hemp" which occurs in a greenhouse or hoop house is considered "outdoor" or "outdoors" cultivation for purposes of this title.

"Outdoor" or "outdoors" means any cultivation location that does not specifically meet the definition of "indoor" or "indoors" or is otherwise specifically defined as "outdoor" or "outdoors."

"Private residence" means a lawfully established structure, suitable for human occupancy as required by Sections 17922 and 17958 of the California Health and Safety Code. A recreational vehicle does not constitute a lawfully established structure for purposes of this title.

"Accessory structure" means a fully enclosed and secure structure that complies with the California Building Standards Code, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two-inch by four-inch or thicker studs overlain with three-eighths-inch or thicker plywood or equivalent materials. An accessory structure is a structure that is secondary or incidental to a private residence. A structure cannot be an accessory structure if there is not a private residence on the premises. A greenhouse or hoop house is not an accessory structure for purposes of this title and all cultivation within a greenhouse or hoop house is to be deemed "outdoors".