An agricultural processing plant, such as a cannery, winery, slaughterhouse or dairy which processes agricultural products not produced on the premises shall be located to provide convenient trucking access with minimum interferences to normal traffic; shall show that adequate measures shall be taken to control odor, dust, noise and waste disposal so as not to constitute a nuisance; and shall show that proposed source of water will not deprive others of normal supply.
(Ord. 467 § 66, 1984)
Fertilizer plants and commercial kennels shall be located no closer than two hundred feet to any property line; shall provide ingress and egress so designed to avoid traffic hazard, traffic congestion, odor, dust, noise or drainage problems.
(Ord. 467 § 66, 1984; Ord. 2024-01, 3/12/2024)
The maximum number of dogs, six months in age or older, which can be kept on any one parcel of land is limited to the following. This pertains to all kennels, animal hospitals and the keeping of dogs for any purpose:
(1) 
If the kennel is a commercial kennel, and allowed by right in the subject zoning district, the maximum number of dogs, six months in age or older, which can be kept on any single parcel shall be 15.
(2) 
If the kennel is a commercial kennel, allowed by use permit in the subject zoning district, the maximum number of dogs, six months in age or older, which can be kept on any single parcel shall be 25.
(3) 
If the kennel is a private kennel (meaning services are not offered commercially), and allowed by right in the subject zoning district, the maximum number of dogs, six months in age or older, which can be kept on any single parcel shall be 8.
(4) 
If the kennel is a private kennel (meaning services are not offered commercially), allowed by use permit in the subject zoning district, the maximum number of dogs, six months in age or older, which can be kept on any single parcel shall be 12.
(Ord. 467-V § 18, 1998; Ord. 2023-08, 11/14/2023)
Animal hospitals shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.
(Ord. 467 § 66, 1984)
Automobile, mobile home, recreational vehicle or boat storage lots shall provide ingress and egress designed to avoid traffic congestions; shall be entirely enclosed by a solid fence or wall of a minimum height of six feet, but not to exceed eight feet; and shall provide traffic surfaces that are maintained in a dust-free manner.
(Ord. 467 § 66, 1984)
(a) 
Cannabis dispensaries, as defined in this title (Type 10, storefront dispensary), are allowed in commercial and industrial zoning districts with a use permit meeting all requirements of this title, with the following requirements, in addition to any other conditions established as part of the use permit process:
(1) 
Once a use permit is approved to conditionally allow a dispensary and all pre-operational conditions have been met, the planning and building services department will issue the use permit applicant an "authorization to submit an application" to the Bureau of Cannabis Control; California Department of Food and Agriculture's Cal Cannabis Cultivation Licensing; and California Department of Public Health's Manufactured Cannabis Safety Branch for cultivators, manufacturers, retailers, distributors, microbusinesses, testing laboratories and event organizers for licensure pursuant to the Medical Cannabis Regulation and Safety Act (MAUCRSA) and/or the Adult Use of Marijuana Act (Proposition 64). An authorization to operate (pursuant to Chapter 18.112) shall not be issued by Lassen County until licensure is secured from all relevant agencies, all remaining conditions of approval for the use permit have been met, and the applicant has satisfied all requirements of Chapter 18.112.
(2) 
To be eligible to submit a use permit application pursuant to this section, the parcel on which the use is proposed to occur must be a "legal parcel" pursuant to the Subdivision Map Act and Title 16 of Lassen County Code.
(3) 
Any operator of an approved cannabis dispensary use permit shall maintain, during the life of the dispensary, the applicable California license pursuant to California Business and Professions Code Section 26050(a), as may be amended from time to time. The applicant and/or property owner must immediately cease all operation of any dispensary if for any reason the applicable license with the state of California lapses. The planning and building services department may then initiate proceedings to revoke the use permit pursuant to Chapter 18.112.
(4) 
If the applicant and/or property owner fail to pay county taxes in any quarter, the planning and building services department may initiate proceedings to revoke the use permit pursuant to Chapter 18.112.
(5) 
In the event the permittee or successor in interest vacates and wishes to relocate the dispensary to a new location, a new use permit must be secured from the county in accordance with this title prior to commencing operations at the new location. Any use permit issued pursuant to this section shall be issued to the applicant and shall not be transferable.
(6) 
All dispensaries shall be subject to inspections by appropriate state agencies and/or Lassen County officials from the department of planning and building services, any fire district or the fire warden, public health, environmental health, the agricultural commissioner's office, the sheriff's department, and any other pertinent department.
(7) 
As a component of the use permit application, the applicant shall provide the legal name of the proposed cannabis dispensary.
(8) 
Any use permit application shall establish, to the satisfaction of the planning and building services department, the identity of the applicant.
(9) 
Nothing in this section is intended, nor shall it be construed, to exempt any use authorized pursuant to this section from any and all applicable local and state construction, grading, electrical, plumbing, land use, water rights, waste water discharge, streambed alteration, or any other environmental, building or land use standards or permitting requirements.
(10) 
As a condition of approval for any cannabis dispensary, the planning and building services department must confirm that the building will allow the proposed use. An authorization to operate shall not be issued until all required improvements have been made.
(11) 
In commercial zoning districts, any proposed cannabis dispensary must be at least two hundred feet from any legally established residence, existing at the time of application, excluding caretaker's units established for an allowed commercial or industrial use, except as required by the California Building Standards Code. Such distance shall be measured in a straight line from the proposed dispensary to the established residence. In industrial zoning districts, any proposed cannabis dispensary need not be set back from any legally established residence, except as required by the California Building Standards Code.
(12) 
There shall be no dispensary located within six hundred feet of any existing school, school bus stop, licensed day care provider, or public park. Such distance shall be measured in a straight line from the proposed dispensary to the school, school bus stop, licensed day care provider, or public park.
(13) 
The planning commission or board, if applicable, may include an expiration date for the use permit that requires reapplication or renewal of the permit after two years or less, if determined to be necessary to conserve and promote the public health, safety, convenience and general welfare.
(14) 
Any approved use permit shall contain a condition that the dispensary is prohibited from permitting anyone to consume cannabis on the premises, regardless of the form of said cannabis, edible or otherwise, or by-products.
(15) 
The permitted hours of operation of any approved dispensary are between the hours of nine a.m. and seven p.m. daily, unless otherwise approved through the use permit.
(Ord. 2019-08 § 2; Ord. 2019-12 § 2)
(a) 
Cannabis testing facilities, as defined in this title (Type 8, testing) shall be allowed by use permit, meeting all requirements of this title, in any industrial zoning district, subject to the following requirements:
(1) 
Once a use permit is approved to conditionally allow a cannabis testing facility and all pre-operational conditions have been met, the planning and building services department will issue the use permit applicant an "authorization to submit an application" to the Bureau of Cannabis Control; California Department of Food and Agriculture's Cal Cannabis Cultivation Licensing; and California Department of Public Health's Manufactured Cannabis Safety Branch for cultivators, manufacturers, retailers, distributors, microbusinesses, testing laboratories and event organizers for licensure pursuant to the Medical Cannabis Regulation and Safety Act (MAUCRSA) and/or the Adult Use of Marijuana Act (Proposition 64). An authorization to operate (pursuant to Chapter 18.112) shall not be issued by Lassen County until licensure is secured from all relevant agencies, all remaining conditions of approval for the use permit have been met, and the applicant has satisfied all requirements of Chapter 18.112.
(2) 
To be eligible to submit a use permit application pursuant to this section, the parcel on which the use is proposed to occur must be a "legal parcel" pursuant to the Subdivision Map Act and Title 16 of Lassen County Code.
(3) 
In the event the permittee or successor in interest vacates and wishes to relocate the cannabis testing facility to a new location, a new use permit must be secured from the county in accordance with this title prior to commencing operations at the new location. Any use permit issued pursuant to this section shall be issued to the applicant and shall not be transferable.
(4) 
Any operator of an approved cannabis testing facility use permit shall maintain, during the life of the cannabis testing facility, the applicable California license pursuant to California Business and Professions Code Section 26050(a), as may be amended from time to time. The applicant and/or property owner must immediately cease all operation of any cannabis testing facility if for any reason the applicable license with the State of California lapses. The Planning and Building Services Department may then initiate proceedings to revoke the use permit pursuant to Chapter 18.112.
(5) 
If the applicant and/or property owner fail to pay county taxes in any quarter, the planning and building services department may initiate proceedings to revoke the use permit pursuant to Chapter 18.112.
(6) 
All cannabis testing facilities shall be subject to inspections by appropriate state agencies and/or Lassen County officials from the department of planning and building services, any fire district or the fire warden, public health, environmental health, the agricultural commissioner's office, the sheriff's department, and any other county department.
(7) 
Any use permit application shall establish, to the satisfaction of the planning and building services department, the identity of the applicant.
(8) 
Nothing in this section is intended, nor shall it be construed, to exempt any use authorized pursuant to this section from any and all applicable local and state construction, grading, electrical, plumbing, land use, water rights, waste water discharge, streambed alteration, or any other environmental, building or land use standards or permitting requirements.
(9) 
As a condition of approval for any cannabis testing facility, the planning and building services department must confirm that the building will allow the proposed use. An authorization to operate shall not be issued until all required improvements have been made.
(10) 
Any proposed cannabis testing facility must be at least one thousand five hundred feet from any legally established residence, existing at the time of application, excluding caretaker's units established for an allowed industrial use. Such distance shall be measured in a straight line from the proposed testing facility to the established residence. Upon finding that the proposed cannabis testing facility will not interfere with an established residence and making the mandatory findings listed at Section 18.112.100, the planning commission or board of supervisors, as applicable, may approve a use permit allowing a testing facility that is no closer than six hundred feet from an established residence.
(11) 
There shall be no testing facility located within one thousand five hundred feet of any existing school, school bus stop, licensed day care provider, or public park. Such distance shall be measured in a straight line from the proposed testing facility to the school, school bus stop, licensed day care provider, or public park. Upon finding that the proposed testing facility will not interfere with any school, school bus stop, licensed day care provider, or public park and making the mandatory findings listed at Section 18.112.100, the planning commission or board of supervisors, as applicable, may approve a use permit allowing a testing facility that is no closer than six hundred feet from any of the above.
(12) 
The planning commission or board, if applicable, may include an expiration date for the use permit that requires reapplication or renewal of the permit after two years or less, if determined to be necessary to conserve and promote the public health, safety, convenience and general welfare.
(13) 
Any approved use permit shall contain a condition that the cannabis testing facility is prohibited from permitting anyone to consume cannabis on the premises.
(14) 
The permitted hours of operation of any approved cannabis testing facility are between the hours of nine a.m. and seven p.m. daily; however, testing may occur after these hours provided there are no customer visits. Hours of operation may be modified through the use permit process.
(15) 
Any use permit application shall address disposal of cannabis and any associated by-products after testing.
(Ord. 2019-08 § 2)
Churches, museums, or charity institutions shall be located on a principal street on a minimum one-half acre parcel; and in all districts shall maintain a minimum ten-foot wide landscaped strip on all property lines abutting in R districts.
(Ord. 467 § 66, 1984)
Community centers, clubs, lodges and fraternal organizations shall be located on a county road; shall maintain ten-foot landscaped strip on all property lines abutting residential property; and shall show that adequate controls or measures will be taken to prevent offensive noise or light.
(Ord. 467 § 66, 1984)
Concrete and asphaltic concrete mixing plants and construction storage yards, incidental to construction or public works projects, shall show that adequate controls or measures will be taken to prevent offensive noise, odor, dust, fumes, smoke or vibration, and shall be so located that generated traffic will not constitute a hazard or nuisance to surrounding property.
(Ord. 467 § 66, 1984)
Dumping, disposal, incineration or reduction of refuse shall show that adequate controls or measures will be taken to prevent offensive smoke, odors, fumes, and shall be located so that truck traffic noise and vibration shall not be offensive to neighboring dwellings.
(Ord. 467 § 66, 1984)
Home occupations shall only be allowed if conducted in strict adherence to the definition of a home occupation as provided in Chapter 18.14.
(Ord. 467 § 66, 1984)
Junkyards or wrecking yards shall be entirely enclosed by a fence of eight feet minimum height, constructed of uniform nonreflective material, maintained plumb and level in structurally sound condition, which shall adequately screen the enclosed area from view. Hilly areas in which adequate screening cannot be achieved shall be avoided in the selection of sites for junkyards or wrecking yards.
(Ord. 467 § 66, 1984)
Farm labor camps, where allowed, shall be located with access to a public road and where sanitary facilities are available.
(Ord. 467 § 66, 1984)
Unless otherwise provided in this title, the following landscaping requirements shall apply to all new projects otherwise subject to these provisions, submitted for approval after the effective date of the ordinance codified in this section.
(1) 
Areas Requiring Landscaping.
(A) 
Large Parking Areas. Open off-street parking areas, excluding underground or structural parking, in R-3, C, and M zones which contain sixteen or more spaces, shall include, within the parking area, one tree of a species suited to the area climate zone for every eight parking spaces to provide shade and visual diversity. Additional landscaping may be required in areas abutting public roads on a case-by-case basis.
(B) 
Parking Next to Residential Areas. A minimum three-foot-wide landscaped strip shall be planted and maintained along the edge of parking areas that abut residential districts.
(2) 
Landscaping Materials. Required landscaping may consist of a combination of plant and non-plant material. Xeriscapes using drought-tolerant living plants and non-plant materials are encouraged where appropriate to the setting.
(3) 
Watering. All required planted areas shall be served with adequate and permanent watering systems, except where native plants that do not need a watering system are used. All plants shall be maintained in a living condition.
(4) 
Maintenance. All required landscaped areas shall be maintained in a neat and clean condition.
(5) 
Sight Distance. In order to provide safe sight distances at driveways and street intersections, all plant material within a thirty-foot triangle at the intersection of streets, and fifteen-foot triangle at the intersection of driveways and streets, shall be no more than three feet in height above the curb level, except for trees which are trimmed so that no branches extend lower than six feet above the curb.
(6) 
Exceptions. For uses that otherwise require the securing of a use permit, any portion of this section may be modified, as part of the use permit process.
(7) 
Landscaping Plan. All landscaping required by this section shall be installed and maintained in accordance with a landscaping plan. The plan shall be submitted to and approved by the community development director prior to issuance of a building permit or use permit, and shall show the location, size and variety of all plants, water supply and other pertinent improvements. This plan may be combined with a parking plan.
(Ord. 467-AC § 28, 2003)
Libraries shall be located on a major street and in all districts shall maintain a minimum ten-foot landscaped strip on all property lines abutting a residential property.
(Ord. 467 § 66, 1984)
Unless otherwise provided in this title, the following lighting requirements shall apply: all lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location so as to constitute a hazard to vehicular traffic, either on private property or on abutting streets.
(Ord. 467-AC § 28, 2003)
Oil, geothermal and gas wells shall show that adequate controls or measures will be taken to prevent offensive noise, odor, vibration or fumes. Derricks shall be removed when wells are brought into production or when drilling is abandoned.
(Ord. 467 § 66, 1984)
Outdoor sales and rental lots shall show that adequate measures and controls shall be taken to prevent offensive noise, odors, and dust, and shall have a minimum six-foot-high solid board fence or masonry wall separating the lot from abutting residential uses.
(Ord. 467 § 66, 1984)
Outdoor theaters or drive-in theaters shall be located only on a major or secondary road or nonresidential street; shall provide ingress and egress so designed as to avoid traffic congestion; shall be located sufficiently distant from any dwelling, barn or stable and so screened from such buildings that any noise shall not disturb residents or farm animals; and any lighted signs and other lights shall be maintained in such a way as not to disturb neighboring residents or farm animals.
(Ord. 467 § 66, 1984)
In those districts where such may be permitted, dance halls, nightclubs, commercial clubs, or any establishment where beer, wine, or liquor is served, or any place of commercial amusement or creation shall not be established on any parcel which is closer than two hundred feet to any boundary of any residential district unless a use permit is secured in each case.
(Ord. 467 § 66, 1984; Ord. 467-W § 7, 1998)
(a) 
Unless otherwise provided in this title, the following regulations shall apply to the keeping of animals on a property:
(1) 
The minimum lot area upon which a horse, cow, ostrich, llama or other large animal may be kept is one acre, and two large animals may be kept on such area. One additional large animal may be kept for each twenty thousand square feet by which a parcel of land exceeds one acre.
(2) 
Stables shall be located midway between the side lot lines, but in no case closer than twenty feet to the side lot lines, and not closer than fifty feet to the front lot line.
(3) 
Not more than one goat, or one hog, or one sheep or similar livestock shall be kept for every seven thousand square feet of area. Such area requirements shall not include the special setback requirements of this title, nor the area occupied by the main building.
(b) 
The density limitations listed above shall not apply to targeted grazing, provided said targeted grazing lasts no longer than thirty days in any single calendar year on any single parcel.
(Ord. 467 § 66, 1984; Ord. 467-W § 8, 1998; Ord. 467-X § 11, 2000; Ord. 467-AC § 28, 2003; Ord. 2024-01, 3/12/2024)
The following regulations shall apply to guesthouses when allowed:
(1) 
There shall be not more than one guesthouse per parcel. No kitchen or cooking facilities shall be permitted in any such guesthouse.
(2) 
A guesthouse shall not exceed fifteen feet in height or the height of the primary residence (whichever is greater), unless a design review application is approved, in which case a guesthouse may be up to thirty-five feet tall.
(3) 
A guesthouse shall not be placed on a lot of less than seven thousand five hundred square feet.
(4) 
A guesthouse shall not occupy a parcel separate from that of the main dwelling.
(5) 
No guesthouse shall be constructed prior to construction of the main dwelling.
(Ord. 467 § 66, 1984; Ord. 2022-08 § 2)
(a) 
In the A-3, E-A, U-C, and U-C-2 districts, the subdivision of property in order to separate legally one homesite from the remaining agricultural land may be allowed pursuant to this section. The application for subdivision shall include a proposed plan of development and use for the entire area of existing parcels under the same or related ownership, containing the site of one or more existing or proposed dwellings. The planning commission may approve such applications only after finding, in addition to other findings, that:
(1) 
The proposed parcel is not greater than forty acres, or an aliquot portion of a section of land consisting of one-quarter of one-quarter section, or five percent (whichever is greater) of the agriculturally-zoned land held in contiguous ownership by the project applicant at the time of the application, and not less than one acre;
(2) 
The remaining parcel of contiguous ownership of the project applicant will not be less than the required minimum parcel size of the agricultural district(s) in which the lands are located;
(3) 
The proposed segregation and development will not reduce the capabilities for agricultural use of the nonhomesite parcel and surrounding properties;
(4) 
The proposed segregation and development is justified or made necessary by the occupancy of homesites, ownership of property, organizational structure of the farm business, financing requirements, retirement planning or similar circumstances;
(5) 
The proposed parcels meet the requirements of the county health department for sewage disposal and water supply.
(b) 
Prior to the division being effective, the owner or owners of the property included in the approved subdivision shall execute and cause to be recorded in the office of the recorder of Lassen County a restriction binding upon the original owners and their heirs, successors and assigns, which disallows additional homesites to be segregated, pursuant to this section, from the property until at least ten years has elapsed from the date of recordation of the subdivision instrument.
(Ord. 467 § 66, 1984; Ord. 467-C, 1986; Ord. 467-AC § 28, 2003)
(a) 
Notwithstanding any provision to the contrary in this title, day care facilities for up to six children shall be allowed by right in districts R-1, R-2, R-3, A-1, A-2 and P.U.D.
(b) 
Day care centers, as defined by Section 18.14.280 of this title, may be allowed upon securing a use permit in districts R-1, R-2, R-3, A-1, A-2 and P.U.D.
(c) 
In addition to state licensing requirements, the following regulations shall apply to day care facilities:
(1) 
One off-street parking space shall be required for each employee on the premises.
(2) 
Parking spaces shall not occupy any setback area or any sight distance area.
(3) 
One loading space shall be required for the first six children in attendance. Additional loading spaces may be required as determined by the planning commission.
(4) 
In the case of a corner lot, loading spaces shall not be allowed within twenty feet of an intersection.
(5) 
Minimum parcel sizes for a day care center up to twelve children shall be seven thousand five hundred square feet; for a day care center over twelve children, minimum parcel sizes shall be ten thousand square feet.
(6) 
Sign requirements shall conform to the zoning district in which the activity occurs.
(7) 
A minimum ten-foot landscaped strip on all property lines abutting residential property shall be maintained.
(8) 
Outdoor play areas shall be confined to the rear yard and shall be fenced by a minimum six-foot opaque fence.
(Ord. 467 § 66, 1984; Ord. 467-W § 9, 1998)
Notwithstanding any provision to the contrary in this title, in any zone on a parcel of land where there is in existence a legally-established "single-family dwelling," as defined in this title, a "second dwelling unit," may be allowed by the planning commission, upon first securing a use permit pursuant to Chapter 18.112 of this title. Such use shall be subject to, but not limited to, the following minimum criteria.
(1) 
In R-1 zones development standards shall be as follows:
(a) 
Architectural design of the second dwelling unit shall be visually compatible with, and complimentary to, the existing single-family dwelling located on the property and others in the vicinity.
(b) 
One additional off-street parking space shall be required.
(c) 
Second dwelling unit must be connected to community water and sewer utilities for services, or must be individually approved by the county health department.
(d) 
Maximum allowable lot coverage: forty-five percent.
(e) 
Design review shall be required.
(2) 
In A-2 zones, or in other zones where a single-family dwelling has been legally established, development standards shall be as follows:
(a) 
Architectural design of the second dwelling unit shall be visually compatible with, and complimentary to, the existing single-family dwelling located on the property and others in the vicinity.
(b) 
One additional off-street parking space shall be required.
(c) 
Second dwelling unit must be individually approved by the county health department.
(d) 
Design review shall be required.
(3) 
There are no areas in Lassen County in which "accessory dwelling units," as defined in Government Code Section 65852.2, shall be allowed by right, given the specific scarcity of public water, sewer, and fire services in Lassen County. All applications for second dwelling units shall be processed pursuant to Title 18 of the Lassen County Code and the general plan. This subsection complies with the requirements set forth for the ordinance described at Government Code Section 65852.2(a) et seq.
(Ord. 467 § 66, 1984; Ord. 467-F § 2, 1988; Ord. 467-AE § 7, 2009; Ord. 2018-07 § 2; Ord. 2024-01, 3/12/2024)
Commercial and noncommercial wind turbine generators shall be subject to the following regulations:
(1) 
A wind turbine generator shall be permitted, subject to the provisions of this title, in all districts, provided a use permit is first secured for any wind turbine generator exceeding one hundred feet in height measured from ground level to the hub, or for any commercial wind turbine generator.
(2) 
Wind turbine generators (WTGs) shall be set back a minimum distance of one and one-quarter times the maximum height reached by any part of the WTG to any property line, and a minimum of twenty feet from any other structure on the property. Setbacks determined by height may be waived when appropriate easements are secured from adjacent property owners or other acceptable mitigation is approved by the planning commission.
(3) 
Tower-climbing apparatus and blade tips of the WTG shall be no lower than fifteen feet from ground level unless enclosed by a six-foot high fence. The tower shall be posted at eye level, warning of high voltage.
(4) 
The WTG shall be filtered and/or shielded so as to prevent the emission of radio frequency energy which would cause interference with radio and/or television broadcasting or reception. Alternative mitigation for such interference may be approved for a commercial WTG.
(5) 
The applicant shall provide the manufacturer's specifications which certifies that the WTG is equipped with a braking system, blade pitch control, and/or other mechanism for rotor control, and shall have both manual and automatic overspeed controls.
(6) 
Noise emitted from any WTG shall not exceed fifty dBA CNEL at any property line abutting a residential zone or sixty dBA CNEL at any other property line.
(7) 
Brand names or advertising associated with a WTG installation shall not be visible from any public access.
(8) 
Liens, surety bonds or other security may be required as condition of any use permit to guarantee removal or dismantling of any abandoned WTG.
(Ord. 467 § 66, 1984)
(a) 
Purpose. The purpose of this section is to establish application requirements and standards for personal wireless service facilities (PWSFs) within Lassen County with regard to location, siting, design, and safety, and to:
(1) 
Allow PWSFs in any location subject to applicable permitting and standards;
(2) 
Encourage the use of short mounts, as defined herein, and existing structures, including but not limited to, buildings, utility poles, agricultural windmills and other features for siting PWSFs;
(3) 
Expedite the review and approval process for those applications choosing the least intrusive alternative for PWSF siting and design;
(4) 
Encourage applicants proposing tower mounts, as defined herein, to locate, site and design them in a way that minimizes their adverse visual impacts;
(5) 
Give licensed carriers the opportunity to provide the community with the benefits of wireless services efficiently and effectively, and in a manner that will promote and protect the public health, safety, general welfare, and aesthetic quality of the county as set forth in the general plan.
(b) 
Definitions. As used in this section, the following definitions shall apply.
"Antenna"
means any device that transmits and/or receives an electronic signal for the purpose of facilitating the communication of cellular telephone, personal communication services (PCS) messages or similar devices. An antenna may include a whip (omni-directional), panel (directional), disc (parabolic antenna), or similar devices.
"Antenna array"
means one or more antennas as defined herein for the transmission or reception of radio frequency signals. The antenna array does not include the mount.
"Carrier"
means a company licensed by the Federal Communications Commission (FCC) that provides a wireless service. A tower builder is not a carrier. A licensed carrier (as defined herein) must be identified for every PWSF application.
"Co-location"
means the siting of more than one antenna, antenna array and/or support equipment on the same support structure or mount, or within the same equipment shelter/cabinet, provided the antenna and equipment is designed to be an integral part of the existing structure, and does not exceed the height of the existing structure, or the overall height allowed for the facility.
"Conceal"
means to enclose a PWSF within natural or manmade feature(s) resulting in the facility being either invisible or made an indistinguishable part of the feature(s).
"Camouflage"
means designing, painting and/or mounting a PWSF in such a way as to minimize the visibility of the facility by blending it with its host structure and/or its surroundings.
"Design"
means the appearance of a PWSF including, but not limited to, its material, color and shape.
"Disguise"
means to design a PWSF to appear to be something other than a PWSF.
"Equipment shelter/cabinet"
means an enclosure that houses supporting equipment for an antenna that is located at the base of the mount on the same parcel or structure as the antenna (usually includes batteries and/or electronic equipment).
"Fall zone"
means the area on the ground within a prescribed radius from the base of the PWSF within which there might be a potential hazard from falling debris or collapsing material.
"Height"
means the distance measured from the ground at the base of the PWSF to the highest point of the PWSF, including the antenna array and any other attachments on the mount. (If a PWSF is mounted on a building or other existing structure, the measured height would include the height of the building or structure for purposes of determining if the PWSF is within the height standards in this section and/or the applicable zoning district).
"Licensed carrier"
means a company authorized by the FCC to construct and operate commercial wireless services systems. A licensed carrier must be identified for every PWSF application.
"Location"
means the area where a PWSF site is located or proposed to be located.
"Mount"
means the structure or surface upon which the antennas are mounted.
"Personal wireless service facility (PWSF)"
means a facility for the provision of personal wireless services, and functional equivalent, as identified in Section 704 of the Telecommunications Act of 1996, and usually consisting of an antenna array, transmission cables, equipment shelter and a mount. For purposes of regulation within this chapter, a PWSF does not include amateur radio operations or facilities.
"Radio frequency radiation"
means the emissions from PWSFs which are the by-product of the RF signal.
"RF signal"
means the actual radio waves sent and received by a PWSF. A signal is the deliberate product of a PWSF. The RF emission is the by-product.
"Short mount"
means a pole or similar structure designed to support one or more antennas and does not exceed the height limit for the particular zoning district, or forty-five feet whichever is lower (including the height of the building or structure to which it is attached, and any attached antenna). Short mounts may be free-standing or attached to a building or other structure. Short mounts are preferred over tower mounts, as defined herein.
"Site"
means that portion of a property where a PWSF is to be placed.
"Standards"
means rules or measures by which acceptability is determined. This section establishes standards for wireless facilities on four levels: location (where the PWSF can go), siting (how the PWSF is placed within its specific setting), design (what the PWSF looks like) and safety.
"Tower mount"
means a support structure (usually ground mounted) designed and constructed for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. It does not include support structures which meet the location, siting and design standards in this section and which do not exceed the height limitation for the particular zoning district or forty-five feet (including any attached antenna) whichever is lower.
(c) 
Permits—Applications Required. No PWSF shall be permitted except in accordance with the provisions of this section, Chapter 18.102 and the Uniform Building Code.
All PWSFs shall be subject to the following permit application requirements:
(1) 
Building Permit. All PWSFs shall be subject to securing all necessary building permits from the county building division in addition to securing all necessary land use permits from the planning division.
(2) 
No land use permit will be required for applications that:
(A) 
Place PWSFs on existing utility poles (telephone poles, power poles, streetlights, traffic signal stanchions, etc.); or
(B) 
Place PWSFs on new utility poles when such poles are lawfully established and are specifically identified in the PWSF application; and
(C) 
Meet all applicable standards in this section. In the event that any of the standards in this section are in conflict when applied to a particular application, one or the other standard shall be met.
(3) 
Certificate of Conditional Use (CCU). A CCU may be approved by the planning division pursuant to Section 18.114 for applications that:
(A) 
Do not qualify under (2) above;
(B) 
Propose to place PWSFs on or in buildings or propose to conceal, camouflage, or disguise PWSFs in natural or manmade features approved by the community development department; and
(C) 
Are sited in or on an opportunity site as identified herein, and meet all applicable standards in this section. In the event that any of the standards in this section are in conflict when applied to a particular application, one or the other standard shall be met.
(4) 
Use Permit. A use permit shall be required pursuant to Section 18.112 for applications that:
(A) 
Do not qualify under (2) or (3) above;
(B) 
Do not meet any one or more of the applicable standards in this section; are not proposed to be located within an opportunity site; or are proposed to be located within an avoidance site.
(C) 
Propose the construction of new, or modification of existing tower mount(s) as defined herein or similar structure as determined by the community development director. Modification includes the co-location of additional facilities on existing tower mounts.
(d) 
Standards. Approval of PWSFs shall be subject to meeting or exceeding the following standards.
(1) 
Location standards.
(A) 
Opportunity Sites. The following opportunity sites are the preferred location of PWSFs:
(i) 
Power transmission towers.
(ii) 
Public water tanks.
(iii) 
Inside or concealed around steeples, agricultural wind mills, or similar architectural features.
(iv) 
Rooftops (commercial, industrial, agricultural or public buildings).
(v) 
Utility poles in publicly-owned rights-of-way or similar public properties as identified by Lassen County.
(vi) 
Legally established outdoor advertising signs.
(vii) 
County-owned lands, buildings or other facilities.
(viii) 
Other sites similar in character to those listed.
(B) 
Avoidance Areas. PWSFs should not be located in the following avoidance areas:
(i) 
Historically and culturally significant resources.
(ii) 
Designated conservation areas.
(iii) 
Parklands including common areas of clustered subdivisions.
(iv) 
Riparian areas and wetlands.
(v) 
Scenic or visual corridors as designated in the Lassen County general plan.
(vi) 
Other sites similar to those listed.
(C) 
Interpretation of opportunity sites and avoidance areas shall be based on maps, aerial photographs, or other resources available to the community development department and provided by the county and/or the applicant.
(D) 
Personal wireless service facilities may be permitted in areas that are not opportunity sties and/or that are in avoidance areas on a case-by-case basis subject to the siting, design and safety standards herein, and subject to securing a use permit in each case.
(2) 
Siting Standards.
(A) 
To the greatest extent possible, PWSFs should be concealed within structures, disguised, or camouflaged.
(B) 
Placement within trees is encouraged, but no mount or antenna should extend higher than ten feet above the average tree height in the vicinity of the site.
(C) 
Placement on roofs and non-wireless structures is favored over ground-mounted PWSFs.
(D) 
Roof-mounted PWSFs shall not project more than ten feet above the height of the building, and shall not exceed the height limits for the particular zoning district.
(E) 
Side-mounted PWSFs should not project more than twenty inches from the face of the mounting structure.
(3) 
Design Standards.
(A) 
Color. All PWSFs should be painted or complemented with natural tones that blend with the environment.
(B) 
Size, silhouette and height. The size, silhouette and height of PWSFs, including equipment shelters, should be minimized to reduce visual impact.
(C) 
Lighting. Lighting on PWSFs shall be limited as follows:
(i) 
Lighting shall be limited to that required for security and maintenance, and shall be illuminated only when needed for such purposes. It shall be manually operated or motion-detector controlled, except as required by the Federal Aviation Administration.
(ii) 
All lighting shall be shielded and directed down so light and glare stay within the site boundaries, except as required by the Federal Aviation Administration.
(D) 
Signage. Signs shall be limited to that needed to address facility identification, emergency contacts, and safety hazard signage. Permanent, weatherproof facility identification signs, no more than 12″ x 24″ in size, identifying the facility operator and a twenty-four hour emergency phone number, shall be placed on the fence, the equipment shelter/cabinets or mount. If larger signage is required by the FCC or other regulating agencies, the applicant shall provide proof of the requirement, and signage shall not exceed the size required by that agency. This shall not prevent the installation of PWSFs on outdoor advertising signs.
(4) 
Safety Standards.
(A) 
Roof mounts on buildings should have railings to protect workers. Notices shall be posted, as directed by the building official to warn of radio frequency radiation.
(B) 
Fall Zone. The following shall apply to all applications for construction of tower mounts, as defined herein:
(i) 
No habitable structure or outdoor area where people congregate should be within a fall zone of two times the height of the proposed tower, including attachments.
(ii) 
No adjoining property line may be within the fall zone of a radius equal to the height of the proposed tower, including attachments.
(C) 
Setbacks.
(i) 
All PWSFs including mounts and equipment shelters shall comply with the minimum setback requirements of the applicable zoning district as set forth in the Lassen County zoning ordinance, or the applicable fall zone, as defined above, whichever is greater.
(ii) 
The antenna array may project into the required setback, or fall zone, provided that no portion of any PWSF shall project into a required setback more than the maximum projection permitted in the zoning district in which the facilities are located.
(iii) 
On parcels with a principal building housing a principal use, all components of the PWSF shall be located behind the front line (front wall line) of the building.
(e) 
Maintenance and Removal of Facilities. The operator shall:
(1) 
Maintain the facility in good condition;
(2) 
Notify the county of intent to vacate the site. The owner/operator will remove all facilities within twelve months of the date of notice unless the site is occupied by a successor and/or as otherwise specified in a use permit or certificate of conditional use. If a facility/site is vacated without notice, the county may initiate the abandonment process described in Chapter 18.112 whether or not a use permit has been issued for the facility/site.
(3) 
The owner/operator of facility/tower may be required to provide a cash bond equal in cost to removing the tower and associated facilities.
(f) 
Fees.
(1) 
Fees for building permits, certificates of conditional use, and use permits as required herein, shall be as established by the Lassen County board of supervisors.
(2) 
Each application for a PWSF must be accompanied by a non-refundable application review fee as established by the board of supervisors. The application review will be conducted by the community development department and will result in a determination as to the appropriate permit requirements for the project, i.e., building permit only, CCU or use permit.
(A) 
The application review fee may be waived if the applicant applies directly for a CCU or a use permit and does not need or desire a determination from the community development department as to the appropriate permit requirement. In the case that a CCU or use permit is required, the application review fee shall be credited toward the total fees required.
(B) 
If the applicant disagrees with the determination as to the appropriate permit required, the applicant may appeal to the planning commission for determination, subject to applicable appeal fees.
(3) 
Other review fees. The County of Lassen shall have the right to retain independent technical consultants and experts as it deems necessary to properly evaluate applications for PWSFs. This fee shall be assigned to the applicant through a fee agreement between the county and the applicant.
(Ord. 467-AA § 2, 2003; Ord. 467-AC § 28, 2003)