Highlighted below: 53 of 85 extracted standards and 6 of 6 districts, chipped on their section headings. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

Chapter 18.04 - General Provisions#

Sec. 18.04.010. - Purpose.#

The purpose of this title is to promote the growth of the town in an orderly manner and to promote and protect the public health, safety, peace, morals, comfort and general welfare.

(Code 1987, § 18.04.020; Ord. No. 26-1976, art. 2, § 2.01, 1976)

Sec. 18.04.020. - Content.#

The zoning or districting plan effectuated by this title consists of the establishment of various districts, including all territory within which the use of land, buildings, the space for buildings, and the height and bulk of buildings are regulated.

(Code 1987, § 18.04.030; Ord. No. 23-1976, art. 2, § 2.02, 1976)

Sec. 18.04.030. - Applicability.#

No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land, the space above or beneath, be used for any purpose other than as permitted by law, and in conformance with the ordinance codified in this title and all other ordinances, laws and maps referred to in this title.

(Code 1987, § 18.04.040; Ord. No. 26-1976, art. 2, § 2.03, 1976)

Sec. 18.04.040. - Interpretation.#

(a) When interpreting and applying the provisions of this title, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

(b) Except as specifically provided in this title, it is not intended by the adoption of this title to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law, or ordinance, or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, maintenance, establishment, moving, alteration or enlargement of any building or improvement; nor is it intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that in cases where this title imposes a greater restriction upon erection, construction, maintenance, establishment, moving, alteration or enlargement of buildings, or the use of any such building or premises in several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, then in such case the provisions of this title shall control.

(Code 1987, § 18.04.060; Ord. No. 26-1976, art. 11, § 11.01, 1976)

Sec. 18.08.010. - Definitions.

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory dwelling unit (ADU) means a room or suite of rooms constructed separately and detached from or adapted within or onto a one-family (i.e., principal) dwelling being an integral part thereof, and designed for the use and occupancy by a person or persons living independently from the one-family dwelling occupants.§ An accessory dwelling unit shall be subordinate to the principal dwelling unit.

Affordable housing means housing affordable to persons and families with moderate, low and very low incomes.

Alley means a public or private thoroughfare which affords only a secondary means of access to abutting property.

Apartment means a family unit contained in a multiple dwelling.

Block means all property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead-end street or subdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intersects.

Boardinghouse means a building or portion thereof designed or used exclusively for residential occupancy other than a hotel or motel and where lodging and meals for three or more persons is provided for compensation.

Building means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or property. Such structure shall be permanently attached to the real property at a fixed location or in the event of a manufactured home or manufactured housing, installed as required by state law such that the same is taxed as real property.

Building, accessory means a subordinate building, including shelters of pools, the use of which is incidental to that of the main building on the same lot, or building site, but not including living quarters, and which may or may not require a permanent attachment to the ground. Such accessory buildings may include a construction shack, construction trailers and temporary office trailers.

Building, main means a building which is designed for or in which is conducted the principal use of the lot or building site on which it is located.

Building official means the persons designated by the town manager of the town to inspect or enforce the housing, building or zoning provisions of this Code. The building official shall, for the purposes of this chapter, be supervised by the town manager.

Building site means a lot or parcel of land occupies or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title and having frontage on a dedicated street or private road or highway.

Business, retail means the retail sale of any article, substance or commodity within a building but not including the sale of lumber or other building materials.

Business, wholesale means the wholesale handling of any article, substance or commodity, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance.

Combining district means any district in which the general district regulations are combined with those special districts provided for in this title for the purpose of adding additional special regulations.

District means a portion of the town within certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are set for buildings, all as set forth and specified in this title.

Definitions#

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy, including one-family, two-family, three-family dwellings and apartments, multiple-family dwellings, but not including hotels, motels or boardinghouses and roominghouses.

Dwelling groups means a group of two or more detached or semidetached one-family, two-family or multiple-family dwellings occupying a parcel of land in one ownership and having any yard or court in common, but not including motels.

Dwelling, multiple-family, means a building or a portion thereof, used and designed as a residence for three or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats, but not including motels, boardinghouses and hotels.

Dwelling, single-family, means a building designed for or used to house not more than one family, including all necessary employees of such family.

Dwelling, two-family, or duplex means a building containing not more than two kitchens, designed or used to house not more than two families, living independently of each other, including all necessary employees of such family.

Existing structure means within the four walls and roofline of any structure that can be made safely habitable under local building codes at the determination of the building official regardless of any noncompliance with zoning standards.

Emergency shelter means housing, interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care, that is limited to occupancy of six months or less. No individual or household may be denied emergency shelter because of an inability to pay.

Family means one or more persons living together in a dwelling unit, with common access to and common use of all living, kitchen and eating areas within the dwelling unit.

Fence means any device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials.

Garage or carport means accessible and usable covered space of not less than ten feet by 20 feet per vehicle for storage of automobiles so located on the lot as to meet the requirements of this title for an accessory building, or if attached to the main building, to meet the requirements applicable to the main building.

Guesthouse means a detached living quarters of a permanent type of construction and without kitchens or cooking facilities, and where no compensation of any form is received or paid.

Height of building means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof, excluding elevator equipment rooms, ventilating and air conditioning equipment.§

Home occupation means a use conducted on the premises by the occupant of the dwelling as a secondary use in connection therewith, and where there is no advertising signs, no display, no stock or commodity sold on the premises, no employees in connection therewith and no mechanical equipment designed to be used in connection therein, other than that necessary or convenient for domestic purposes.§

Hotel means any building or portion thereof containing six or more guest rooms used, let or hired out for compensation, whether the compensation for hire to be paid directly or indirectly, such building or portion thereof having one principal entryway or entrance, and a lobby or other public room common to all guest rooms.

Junior accessory dwelling unit (JADU) means unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the primary dwelling.

For the purposes of life/safety regulations and providing utilities such as water, sewer, power, or other utilities, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

**Junkyard** means a lot or parcel used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery whether for sale or storage.

**Local public utility use** means poles, wires and cables for local distribution of utility services; telephone transmission and distribution poles, wires and cables; underground gas and water distribution pipes and electric distribution; and telephone distribution and transmission cables.

**Lot** means a building site.

**Lot depth** means the distance to the rear lot line measured along a normal to the front line of the lot taken at the midpoint of the street frontage.

**Lot, exterior**, means a lot, one side or a lot line of which separates the side from a street.

**Lot, hillside**, means a lot which, prior to grading, has an average slope of 15 percent or greater measured between the rear lot line and the front lot line, or between side lot lines; or a lot with a building site which lies at least 15 feet above or below the building site of any adjacent lot.

**Lot, interior**, means a lot, the side lot lines of which separate the sides from adjoining lots.

**Lot line** means a line separating the frontage from a street; the side from a street or adjoining property; the rear or side from an alley or street or adjoining property.

**Lot line, exterior**, means a lot line separating the side of a lot from a street.

**Lot line, front**, means the shortest dimension of a lot fronting on a street.

**Lot line, interior**, means a lot line separating the side of a lot from adjoining property.

**Lot line, rear**, means the lot line opposite or approximately opposite the front lot line.

**Lot line, side**, means any lot line not a front or rear lot line.

**Lot, reverse frontage**, means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot exclusive of the width of any alley and fronting on the street which intersects or intercepts the street upon which the corner lot fronts.

**Lot, through**, means a lot having frontage on two parallel or approximately parallel streets.

**Lot width** means one-half of the total width of the front and rear lot lines, measured at right angles to the depth.

**Low-barrier navigation center** means a temporary, service-enriched shelters to help homeless individuals and families quickly obtain permanent housing.

**Manufactured home** means a structure that was constructed less than 25 years before moving into the town, is transportable in one or more sections, is eight feet or more in width or 40 feet or more in length in the transportable mode, or, when erected on site, is 320 or more square feet in area, is built on a permanent chassis and designed to be used as a single-family dwelling, with or without a foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term "manufactured home" includes any structure that meets all of the requirements of this section except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 USC 5401 et seq.) or the most recent version, whichever is newer.

**Manufactured home park** means land or premises used or intended to be used, let or rented for occupancy by one or more trailers, movable dwellings, rooms or sleeping quarters of any kind including trailer courts and manufactured home parks.

Definitions (Continued)#

Motel#

Motel means a group of attached or semi-attached buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building; each room or unit with garage attached or parking conveniently located close by on the lot, and which is designed, used or intended wholly or in part for the accommodation of transients and including auto court, motor court, motor lodge and motor hotel.

Nonconforming Use#

Nonconforming use means a use that does not conform to the regulations for the district in which it is situated.

Office#

Office means a business establishment for rendering of service or administration, but not including retail sales.

Parking Lot#

Parking lot means any land used or intended to be used or provided for the parking of automobiles by any person whether for hire or to meet the off-street parking space requirements of this title.

Parking Space#

Parking space means an accessible and usable space on the building site, or adjacent lot, at least nine feet by 20 feet, for parking of automobiles.§

Passageway#

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to an entrance of the accessory dwelling unit.

Professional Office#

Professional office means an office for the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, clergyman, dentist, doctor, engineer, optometrist, podiatrist, physical therapist, social worker, surveyor, and other similar uses which in the opinion of the planning commission meet the criteria implicated in the preceding designations; but not advertiser, barber, cosmetologist, contractor, pest control, pharmacy, private investigator, veterinary or other service establishment.

Public Utility Offices#

Public utility offices means offices for business records and administration of public utilities.

Public Utility Service Uses#

Public utility service uses means electric transmission substations and transmission lines, service yards and field operating centers, and gas storage holders.

Public Utility Substations#

Public utility substations means communications equipment, buildings, electric distribution substations, public utility pumps, wells and valve stations.

Residential Care Facility, Large#

Residential care facility, large means any family home or group care facility serving seven or more persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities pursuant to Health and Safety Code § 1568.0831 and the definition of "family" as provided in this section.

Residential Care Facility, Small#

Residential care facility, small means any family home or group care facility serving six or fewer persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities pursuant to Health and Safety Code § 1568.0831 and the definition of "family" as provided in this section.

Resort#

Resort means any development of property for public or private recreational use by ten or more owners purchasing interests in the property with no present intention to resell or otherwise dispose of the interest for value.

Rest Home#

Rest home means any premises licensed under section 2300 or any replacing section of the Welfare and Institutions Code.

Roominghouse#

Roominghouse means a building or portion thereof designated or used exclusively for residential occupancy other than a hotel or motel and where lodging for three or more persons is provided for compensation.

Sanitarium or Rest Home#

Sanitarium or rest home means a health station or permanent retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs or alcohol.

School#

School means a public, private or parochial general educational institution but does not

§ 18.08.020 Definitions#

School means a public or private educational facility, including a school devoted to instruction in particular crafts or skills such as dancing, business colleges, beautician and barber schools.

Setback lines means lines established by this title to govern the placement of buildings or structures with respect to lot lines, streets or alleys.

Side and front of corner lots means the narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces.

Signs means any advertising, informational or directional display or structure.

Single room occupancy unit (SRO) means housing units that are restricted to occupancy by no more than two persons and may include a kitchen and/or a bathroom, in addition to a bed. The net area of an SRO unit may range from a minimum of 150 square feet to a maximum of 400 square feet.

Street means a public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this chapter.

Street line means the boundary between a street right-of-way and property.

Structure means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools, but excluding driveways, patios or parking spaces.

Structural alterations means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.

Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Trade school means a private educational facility devoted to instruction in particular crafts, trades or skills such as dancing, business colleges, beautician and barber schools, radio and television schools.

Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Use means the purpose for which land or a building is designated, arranged or intended or for which either land or building is or may be occupied or maintained.

Use, accessory means a use incidental or subordinate to, and devoted exclusively to the main use of a lot or building located on the same lot.

Yard means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this title.

Yard, front means a yard extending across the front of the lot between the side lot lines and measured from the front line of the nearest line of the building; provided, however, that if any official plan line has been established for the street upon which the lot faces, the front yard measurement shall be taken from such official plan line to the nearest line of the building.

Yard, rear means a yard extending across the full width of the lot and measured between the rear line of the lot and nearest line of the main building.

Yard, side means a yard between the side line of the lot and the nearest line of the building and extending from the front yard of the lot to the rear yard.

(Code 1987, §§ 18.08.020—18.08.710; Ord. No. 26-1976, art. 13, § 13.02(a)—(qqq), 1976; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Chapter 18.12 - Districts and Zoning Map#

Sec. 18.12.010. - Districts established.#

The several districts established are as follows:

Single-family residential or R-1 district;
Duplex residential or R-2 district;
Multiple family residential or R-3 district;
Residential-professional or RPO district;
Retail business or C-1 district;
General commercial or C-2 district;
Industrial or M district;
Manufactured home park or MH district;
Combining floodplain I or F-1 district;
Combining floodplain II or F-2 district;
Combining parking or P district.

(Code 1987, § 18.12.010; Ord. No. 26-1976, art. 3, § 3.02, 1976)

Sec. 18.12.020. - Zoning map.#

The designation, locations and boundaries of the districts established are delineated upon the map entitled, "Town of Fort Jones, California—Zoning Map," dated July 19, 1976, which map and all notations and information thereon are made a part of this title by reference, which map is on file in the office of the town clerk.

(Code 1987, § 18.12.020; Ord. No. 26-1976, art. 3, § 3.02, 1976)

Sec. 18.12.030. - Zoning district boundaries.#

Where any uncertainty exists as to the correct location of any zoning district boundary shown on the zoning map referred to in section 18.12.020, it shall be the duty of the planning commission to establish the correct location thereof in accordance with the intent of this title.

(Code 1987, § 18.12.030; Ord. No. 26-1976, art. 5, § 5.15, 1976)

Chapter 18.16 - R-1 District Regulations#

Sec. 18.16.010. - R-1 district.#R-1

Subject to the provisions of chapter 18.20, none but the following uses, or uses which, in the opinion of the planning commission, are similar will be allowed:

Use	Use Permit Required	Minimum Building Site (sq. ft.)	Minimum Lot Width (feet)	Maximum Allowable Lot Coverage By all Structures	Maximum Allowable Height (feet)	Minimum Front Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Rear Yard Req. (feet)
			Corner	Int			Corner	Int
Single-family dwellings	No	7,200	6,000	70	60	40%	35	20
Accessory buildings, if constructed with or subsequently to the main building or use	No					40%	20	20
Second single-family dwelling, when prior to the zoning ordinance a single-family dwelling existed on the rear half of the lot	Yes					60%	35	20
Churches, parks, playgrounds, hospital, public building, schools	Yes	10,000	10,000	70	60	60%	45	20
Home occupations; crop and tree farming	Yes	As noted in the use permit
Supportive and transitional housing	No	7,200	7,200	70	60	40%	35	20
Residential care facilities; six or fewer residents	No	7,200	6,000	70	60	40%	35	20
Residential care facilities, seven or more residents	No	7,200	7,200	70	60	40%	35	20
Farmworker housing, 6 or fewer residents	No	7,200	6,000	70	60	40%	35	20
Farmworker housing; 12 units or fewer beds	No	7,200	6,000	70	60	40%	35	20

Sec. 18.16.010. - R-1 district.#

Subject to the provisions of chapter 18.20, none but the following uses, or uses which, in the opinion of the planning commission, are similar will be allowed:

Use	Use Permit Required	Minimum Lot Width (feet)	Maximum Allowable Lot Coverage By All Structures	Minimum Side Yard Req. (feet)	Minimum Rear Yard Req. (feet)	Minimum Lot Area
		Corner	Int	Corner	Int	Corner
1 sign—not over 4 sq. ft. in area and pertaining only to the sale, lease or rental of the property on which the sign is located	No
5

(Code 1987, § 18.16.010; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.16.020. - R-2 district.#R-2

Subject to the provisions of chapter 18.20, none but the following uses, or uses which, in the opinion of the planning commission, are similar will be allowed:

(Code 1987, § 18.16.020)

Sec. 18.16.030. - R-3 district.#R-3

Subject to the provisions of chapter 18.20, none but the following uses or uses which, in the opinion of the planning commission, are similar will be allowed:

| Use | Use Permit Required | Minimum Building Site (sq. ft.) | Minimum Lot Width (feet) | Maximum Allowable Lot Coverage By All Structures | Maximum Allowable Height (feet) | Minimum Front Yard Req. (feet) | Minimum Side Yard Req. (feet) | Minimum Rear Yard Req. (feet) | Minimum Lot Area Per Family Unit (sq. ft.) | Minimum Off-Street Parking Space Req. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | Corner | Int | | | Corner | Int | Corner | Int | Corner | Int | | | | All uses permitted in R-2 district | No | As per section 18.12.010 | | | | | | | | | | | | | Multifamily dwellings, apartments, condos | No | 7,200 | 7,200 | 70 | 60 | 75% | 45 | 15 | 10 | 6 | 15 | 10 | 1,200 | 1 parking per dwelling unit | | Dwelling groups | Yes | 7,200 | 7,200 | 70 | 60 | 75% | 35 | 15 | 10 | 6 | 15 | 10 | 1,200 | 1 parking space per dwelling unit | | Hotel, motel, rooming and boardinghouse; lodge, club, rest home, clinic, single room occupancy unit | Yes | 7,200 | 7,200 | 70 | 60 | 75% | 45 | 15 | 10 | 6 | 15 | 10 | 1,000 | 1 parking space for each room; 1 parking space for each motel unit; 1 space for each 6 seats in any assembly hall | | Professional offices | Yes | 6,000 | 6,000 | 70 | 60 | 75% | 35 | 15 | 10 | 6 | 15 | 10 | | 1 parking space for each 200 ft. of gross floor area | | Single-family or duplex dwellings | No | 6,000 | 6,000 | 70 | 60 | 60% | 35 | 20 | 10 | 6 | 15 | 10 | 1,200 | 1 garage or carport per dwelling unit | | Professional offices, separate or combined with single-family dwelling | No | 6,000 | 6,000 | 70 | 60 | 75% | 35 | 20 | 10 | 6 | 15 | 10 | 3,600 | 1 space per dwelling unit and 1 space per each 300 sq. ft. of office space |

Subject to the provisions of chapter 18.20, none but the following uses or uses which, in the opinion of the planning commission, are similar will be allowed.

Use Permit Required	Minimum Building Site (sq. ft.)	Minimum Lot Width (feet)	Maximum Allowable Lot Coverage By all Structures	Maximum Allowable Height (feet)	Minimum Front Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Rear Yard Req. (feet)	Minimum Off-Street Parking Space Req.
		Corner	Int	Corner	Int	Corner	Int	Corner
The following shops and stores: apparel, bars, bakery (retail only), banks, barber, beauty, book, cleaning agencies, confectionary, department, florist, food gift, hardware, jewelry, millinery, newsstands, office buildings, parking lots (approved by town engineer), personal service establishments, photographers, restaurants, shoe repair, variety	No	2,500	2,500	30	30	100%	45	0—except 10 ft. when adjacent to an R district
Launderettes, liquor stores, theaters, service stations, public utility uses but not including equipment yards, warehouse or repair shop, retail sales and personal services not within a building.	Yes	2,500	2,500	30	30	100%	45	0—except 10 ft. when adjacent to an R district
Signs pertaining to any permitted use	Yes						35	Use permit
Residential uses, hotels, motels	Yes			As specified in the R-3 district, section 18.12.010, and the RPO district, section 18.12.010
Multifamily dwellings, apartments, condos	No	7,200	7,200	70	60	75%	45	15
Supportive and transitional housing	No	As specified in the R-3 district, section 18.12.010
Emergency shelters	No	As specified in the section 18.52
Low barrier navigation centers	No	2,500	2,500	30	30	100%	45	0

(Code 1987, § 18.16.030; Ord. No. 26-1976, art. 4, § 4.02, 1976; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.16.040. - M district.

Subject to the provisions of chapter 18.20, none but the following uses or uses which, in the opinion of the planning commission, are similar will be allowed:

Use	Use Permit Required	Minimum Building Site (sq. ft.)	Minimum Lot Width (feet)	Maximum Allowable Lot Coverage By all Structures	Maximum Allowable Height (feet)	Minimum Front Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Rear Yard Req. (feet)	Minimum Off-Street Parking Space Req.
			Corner	Int	Corner	Int		Corner	Int
Any uses permitted in the C-2 district, except residential uses, hotel, motel, churches and playgrounds	No	2,500	2,500	70	60	100%	60	0	0—except 10 ft. when adjacent to an R district
Wholesale stores and storage, service establishments, light and heavy industrial and manufacturing uses, which, in connection with, there is no appreciable offensive or objectionable odor, dust, noise or other nuisance factor	No	2,500	2,500	70	60	100%	60	0	0—except 10 ft. when adjacent to an R district
Industrial or manufacturing uses, which, in the opinion of the planning commission, may be objectionable by reason of the production of offensive odors, dust, noise, bright lights, vibration, or involving the storage or handling of explosives or dangerous materials, and including, but not limited to those uses listed hereunder: Auto wrecking, bituminous paving plants and manufacturing of bituminous paving products, commercial excavation of building or construction materials, concrete batching plants, junkyards, manufacturing or storage of acids, cement, explosives or fireworks, fertilizer, gas, glue, gypsum, inflammable fluids, lime or plaster of Paris, refining or storage of petroleum or its products, salvage or war surplus yards, smelting of iron, tin or other ores. stockyards or slaughter of animals	Yes	10,000	10,000	70	60	100%	60	0—except 10 ft. when adjacent to an R district	1 parking space for each 200 sq. ft. of floor space, or each three employees
Retail sales and personal service establishment	Yes	2,500	2,500	70	60	100%	60	0—except 10 ft. when adjacent to an R district	1 parking space per unit
Residential use only when accessory to industrial or commercial uses	Yes	As required for principal industrial or commercial use.
Signs—appurtenant to permit use	No						35
Outdoor advertising signs and structures	Yes						35
Campground, trailer court, manufactured home park	Yes	1 acre	70	60	60%	35	15	15	0—except 10 ft. when adjacent to an R district
Restaurant or coffee shop, limited to groceries and necessary supplies pertinent to the primary use, and where entrance to such is from lobby or court without direct access from the street	Yes	Same as primary use.

(Code 1987, § 18.16.070)

Sec. 18.16.050. - P combined parking district.#

Subject to the provisions of chapter 18.20, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed.

Use Permit Required	Minimum Building Site (sq. ft.)	Minimum Lot Width (feet)	Maximum Allowable Lot Coverage By all Structure	Maximum Allowable Height (feet)	Minimum Front Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Rear Yard Req. (feet)	Minimum Off-Street Parking Space Req.
		Corner	Int.	Corner	Int.	Corner	Int.	Corner
All uses in the district with which the P district is combined, provided that if the regulations of this section impose different regulations, the regulations of this district shall control	As specified in the district with which the P district is combined

(Code 1987, § 18.16.090; Ord. No. 26-1976, art. 4, § 4.09, 1976)

Sec. 18.16.060. - F-1 combining floodplain district.#F-1

Use Permit Required	Uses Allowed
All uses in the district with which the F-1 district is combined, provided that if the regulations of this section impose different regulations, then regulations of this district shall control	Only the following uses are allowed in this zone: the growing and harvesting of field crops, vines, vegetable and horticultural specialties, excluding tree crops, the grazing of sheep, goats, horses, mules, bovine animals, and other domesticated quadrupeds; parks, campgrounds, playgrounds, golf courses, athletic fields, exclusive of structures; excavation and removal of rock, sand and gravel; public utility facilities.
Yes

Use Permit Required

Uses Allowed

All uses in the district with which the F-1 district is combined, provided that if the regulations of this section impose different regulations, then regulations of this district shall control

Only the following uses are allowed in this zone: the growing and harvesting of field crops, vines, vegetable and horticultural specialties, excluding tree crops, the grazing of sheep, goats, horses, mules, bovine animals, and other domesticated quadrupeds; parks, campgrounds, playgrounds, golf courses, athletic fields, exclusive of structures; excavation and removal of rock, sand and gravel; public utility facilities.

Yes

(Code 1987, § 18.16.100; Ord. No. 26-1976, art. 4, § 4.10, 1976)

Sec. 18.16.070. - F-2 combining floodplain district.#F-2

Subject to the provisions of chapter 18.20, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed.

Use Permit Required	Uses Allowed
All uses in the district with which the F-2 district is combined, provided that if the regulations of this section impose different regulations, then regulations of this district shall control	All uses in this zone shall be subject to the following: the bottom of the structural floor of any building will be above the selected flood profile at an elevation determined by the town engineer§, or his designate; and structure or building constructed or reconstructed shall be provided with footings and foundation capable of withstanding the effects of rising or flowing water§.
Yes

(Code 1987, § 18.16.110; Ord. No. 26-1976, art. 4, § 4.11, 1976)

Sec. 18.16.080. - C-1 District.#C-1

All uses permitted in C-1 district, excluding emergency shelters.

Use	Permitted	Min. Lot Area (sq. ft.)	Min. Lot Width (ft.)	Min. Front Yard (ft.)	Min. Side Yard (ft.)	Min. Rear Yard (ft.)	Max. Lot Coverage	Max. Height (ft.)	Min. Off-Street Parking	Min. Off-Street Loading	Other Conditions
Animal hospital, auto sales and service, automotive body repair, auto body and paint shop, commercial recreation, creameries, dry cleaners, heavy equipment, sales and service, laundry, locker plant, mortuary, nursery, plumbing shop, secondhand sales, sheet metal shop, tire shop, wholesaling	No	2,500	2,500	30	30	100%	45	0—except 10 ft. when adjacent to an R district	None—Unless combined with a P district
The following uses when conducted in a building or surrounded by a solid fence of board, masonry, or otherwise suitable material at least 6 ft. high: blacksmith shop, bottling plant, building materials, cabinet shop, cold storage, contractors' yard, feed and fuel yard, food processing, lumber yard, machine shop, outdoor storage and sales, pipe yard, public utility service yard, warehousing.	No	2,500	2,500	30	30	100%	45	0—except 10 ft. when adjacent to an R district	None—unless combined with a P district
Living quarters included in any commercial building or use	No	2,500	2,500	30	30	100%	45	0	0	0	0
Signs—pertaining to any permitted use	Yes							35	Subject to conditions of use permit

(Code 1987, § 18.16.030; Ord. No. 26-1976, art. 4, § 4.02, 1976; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.20.010. - Generally.#

All regulations in this title pertaining to the districts established in chapter 18.16 are subject to the general provisions, conditions and exceptions contained in this chapter.

(Code 1987, § 18.20.010; Ord. No. 26-1976, art. 5, § 5.01, 1976)

Sec. 18.20.020. - Permit required—Uses involving large assemblages of people.#

No open-air theater, racetrack, private recreation center or other establishments involving large assemblages of people and automobiles shall be established in any district unless a use permit is first secured for the establishment, maintenance and operation of such use.

(Code 1987, § 18.20.020; Ord. No. 26-1976, art. 5, § 5.02, 1976)

Sec. 18.20.030. - Permit required—Dance halls, clubs and establishments serving liquor. No dance hall, roadhouse, night club, or commercial club, or any establishment where liquor is served, or commercial place of amusement or recreation shall be established in any district unless a use permit shall first have been secured for the establishment, maintenance and operation of such use.

(Code 1987, § 18.20.030; Ord. No. 26-1976, art. 5, § 5.03, 1976)

Sec. 18.20.040. - Accessory uses in C or M districts. Accessory uses and buildings in any C or M district may be permitted where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use or purpose permitted in the district. Such accessory buildings shall be allowed only when constructed concurrently with or subsequent to the main buildings.

(Code 1987, § 18.20.040; Ord. No. 26-1976, art. 5, § 5.04, 1976)

Sec. 18.20.050. - Temporary buildings and uses. Temporary buildings and uses for periods not to exceed two years in undeveloped areas and for periods of six months in developed sections may be permitted provided a temporary use permit is first secured; the periods shall commence with the granting of the use permit.

(Code 1987, § 18.20.050; Ord. No. 26-1976, art. 5, § 5.05, 1976)

Sec. 18.20.060. - Industrial districts. The industrial district is primarily for industries, manufacturers, trades, storage, warehouses, lumber and coal yards, and other uses excluded from the commercial district, provided that such uses are not detrimental to the public health, safety and general welfare of adjacent districts by reason of odor, smoke, gas, dust, vibration or noise, or are not deemed by the commission to be exceptional fire or explosion hazards.§

(Code 1987, § 18.20.060; Ord. No. 26-1976, art. 5, § 5.06, 1976)

Sec. 18.20.070. - Outdoor advertising signs. Outdoor advertising signs and other signs in excess of the sizes permitted in the R-1, R-2 and R-3 districts may be permitted in the C-1, C-2 and M districts pursuant to the provisions of such rules and regulations adopted by the town council by ordinance or resolution.

(Code 1987, § 18.20.070; Ord. No. 26-1976, art. 5, § 5.07, 1976)

Sec. 18.20.080. - Newly annexed territory. Territory annexed to the town and not shown as a part of the town by the zoning map incorporated in this title, shall upon the effective date of the annexation be classified and zoned as residential or R-1 district, unless the town council has, prior to the effective date, zoned the territory to another classification; subject to annexation.

(Code 1987, § 18.20.080; Ord. No. 26-1976, art. 5, § 5.08, 1976)

Article 18.20 - General Provisions#

Sec. 18.20.090. - Removal of minerals, earth and other natural materials; generally.#

The removal of minerals, earth and other natural materials may be permitted in any district providing a use permit shall be first be obtained in each case.§

(Code 1987, § 18.20.090; Ord. No. 26-1976, art. 5, § 5.09, 1976)

Sec. 18.20.100. - Removal or deposit of natural materials for nonconstruction projects.#

Removal or deposit of earth or minerals, other than in connection with excavations or deposits in connection with construction of buildings, roadways or public or home improvements, may be permitted in any district providing a use permit shall be obtained in each case.

(Code 1987, § 18.20.100; Ord. No. 26-1976, art. 5, § 5.10, 1976)

Sec. 18.20.110. - Spires, chimneys, towers and similar structures.#

Spires, chimneys, machinery, towers, radio and television towers, penthouses, scenery lofts, cupolas, water tanks and similar architectural structures may be built and used to a height of not more than 15 feet above the height limit established for the district in which the structures are located; provided, however, that no such architectural structure in excess of the allowable height shall be used for sleeping or eating quarters, or for any commercial advertising purpose. Public utility, electric distribution and electric transmission lines, and towers and poles adjacent thereto, may be allowed in all districts to greater heights than established for the district in which the structures are located without the securing of a use permit therefor, provided that all routes of transmission lines shall be submitted to the planning commission prior to the acquisition of such routes.

(Code 1987, § 18.20.110; Ord. No. 26-1976, art. 5, § 5.11, 1976)

Sec. 18.20.120. - Fences, hedges and screen plantings.#

No fence, hedge or continuous screen planting shall hereafter be constructed or grown to exceed six feet in height within any required side yard to the rear of the front yard building setback line or along any rear yard line in any R district§, or to exceed three feet in height within any front yard area in any R district§, except that a height of not to exceed five feet may be permitted in a front yard area upon the issuance of a use permit§. The above heights shall be measured from finish yard grades except that no fence, hedge or continuous screen planting shall exceed three feet above sidewalk grade within 20 feet of street corner and 15 feet of alley corner§.

(Code 1987, § 18.20.120; Ord. No. 26-1976, art. 5, § 5.12, 1976)

Sec. 18.20.130. - Building sites; permit required.#

Any lot or parcel of land of record on the effective date of the ordinance codified in this title, and where no adjoining land is owned by the same person, may be used as a building site, even when of less area or width than required by the regulations for the district in which it is located providing a use permit is first obtained, and subject also to the requirements of all other provisions of this title.

(Code 1987, § 18.20.130; Ord. No. 26-1976, art. 5, § 5.13, 1976)

Sec. 18.20.140. - Yards.#

(a)#

Where four or more lots in a block have been improved with buildings, the minimum required front yard for main buildings shall be the average of the front yards of the improved lots if less than the front yard requirements in the title.

(b)#

Architectural features such as cornices, eaves and canopies shall not extend more than four feet into any required front yard, rear yard or corner lot side yard. They may not project closer than two feet of any interior lot line.

(c)#

Open, uncovered porches or landing places may project to within four feet of any side lot line, and not exceeding six feet into any required front yard.

(d)#

When an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.

(e)#

In case an accessory building is attached to and made structurally a part of the main building, it shall comply in all respects with the requirements of this title applicable to the main building. A garage attached to the main building having its entrance from the side street or cul-de-sac turnaround shall be located at least 20 feet from the sidewalk or 17 feet from the property line, whichever is greater.§ Unless so attached, an accessory building in an R district shall be located 60 feet from the front line of the lot§ and at least six feet from any dwelling building existing or under construction on the same lot or any adjacent lot§. In the case of a corner lot where there is a key lot abutting the corner lot, accessory buildings shall not project beyond the front yard required on the key lot.

(f)#

On any parcel of land having an average width of less than 55 feet, which parcel was under one ownership of record on the date of the ordinance codified in this title, or is shown as a lot on any subdivision on file in the office of the county recorder of that county on the date and the owner thereof owns no adjoining land, then the width of each side yard may be reduced to ten percent of the width of the parcel, but in no case to less than three feet.

(g)#

Access yards and distances between buildings for dwelling groups shall be required as follows:

(1)#

Distance between buildings in any dwelling group shall be a minimum ten feet.§

(2)#

Any yard providing access to a single row of group dwellings shall be a minimum 12 feet.§

(3)#

Inner court providing access to a double row dwelling group shall be a minimum 20 feet.§

(h)#

The minimum front yard requirement for a cul-de-sac turnaround areas shall be 17 feet from the property line.

(Code 1987, § 18.20.140; Ord. No. 26-1976, art. 5, § 5.14, 1976)

Sec. 18.20.150. - Manufactured homes/mobile homes; residential use requirements.#

Manufactured homes, as defined by section 18.08.010, are allowed to be placed in a residential zone on individual lots, consistent with Government Code § 65852.3, as follows, and a manufactured home shall:

Be occupied only as a residential use;
Be subject to all of the provisions and ordinances that apply to residential structures;
Be attached to a permanent foundation system as required in the uniform building code for residential structures§;
Be covered with an exterior material customarily used on conventional dwellings§. The exterior covering material shall extend over the foundation in the same manner as conventional buildings;
Have a roof load design according to the uniform building code§;
Have a roof covering consisting of materials customarily used for conventional dwellings within the neighborhood in which the manufactured home is proposed to be placed; and
Have a plot plan showing the proposed location of the manufactured home on the lot.

(Code 1987, § 18.20.150; Ord. No. 26-1976, art. 5, § 5.16, 1976; Ord. No. 45-1981, § 2, 1981; Ord. No. 46-1981, § 2, 1981; Ord. No. 2019-7, § 18.20.150, 11-12-2019; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.20.160. - Manufactured homes; building permits.#

A building permit shall be obtained for the placement of a manufactured home/manufactured home. Issuance of the building permit shall require that the applicant comply with all of the requirements of the town's building codes and ordinances where they may apply. The manufactured home must have a foundation system consisting of an assembly of materials constructed below the manufactured home, and below grade for frost protection, and not intended to be removed, which system is designed to support the manufactured home structure, and to resist the imposition of external natural forces. The foundation system shall be designed in accordance with the uniform building code and local soil conditions. The foundation shall be designed to withstand 60-pound snow loads and 15-pound wind loads when imposed from the manufactured home. The manufactured home shall be installed in accordance with the installation instructions provided by:

The manufacturer of the manufactured home; or
A state-licensed architect or engineer when the manufacturer's instructions are not available or are inapplicable due to the unique conditions of the site.

All manufactured homes/manufactured homes installed for the purpose of residential use shall be connected to town sewer and water facilities at owner's expense.

(Ord. No. 2019-7, § 18.20.175, 11-12-2019)

Article 18.24 - Nonconforming Uses#

Sec. 18.24.010. - Restricted.#

Except as otherwise provided in this chapter, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued although the particular use, or the building or structure does not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made; provided, however, no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title, and that if any such use ceases, the subsequent use of the land shall be in conformity to the regulations specified by this title for the district in which the land is located.

(Code 1987, § 18.24.010; Ord. No. 26-1976, art. 6, § 6.01, 1976)

Sec. 18.24.020. - Use permit required.#

The nonconforming use of a portion of a building may be extended throughout the building, provided that, in each case, a use permit shall first be obtained.

(Code 1987, § 18.24.020; Ord. No. 26-1976, art. 6, § 6.02, 1976)

Sec. 18.24.030. - Cessation of nonconforming use.#

If nonconforming uses cease voluntarily by the owner for a continuous period of six months, it shall be considered abandoned§ and shall thereafter be used only in accordance with the regulations for the district in which it is located.

(Code 1987, § 18.24.030; Ord. No. 26-1976, art. 6, § 6.03, 1976)

Sec. 18.24.040. - Nonconforming buildings.#

(a) Nonconforming buildings damaged or destroyed by fire, explosion, earthquake or other act to the extent of more than 50 percent of their reasonable value as determined by the building inspector, may be restored only if made to conform to all of the regulations of the district in which located, except that dwellings in the R districts may be so restored on lots having a width of not less than 45 feet and areas of not less than 4,500 square feet without the requirement that use permits first be secured.

(b) Nonconforming buildings damaged or partially destroyed by fire, explosion, earthquake or other act to an extent of less than 50 percent of its reasonable value, may be restored and the use thereof may be continued on condition that the restoration is started within six months and diligently continued to completion, provided that such nonconforming buildings or use shall not be enlarged.

(c) Ordinary maintenance and repairs may be made to any nonconforming building, provided no structural alterations are made, and providing that such work in any one year does not exceed 15 percent of the reasonable value of the building. Other repairs may be permitted provided that a use permit shall first be secured in each case.

(Code 1987, § 18.24.040; Ord. No. 26-1976, art. 6, § 6.04, 1976)

Chapter 18.28 - Revocation#

Sec. 18.28.010. - Revocation.#

Any use permit or variance granted in accordance with the terms of this title may be revoked if any of the conditions or terms of the permit or variance are violated or if any law or ordinance is violated in connection therewith, or if the planning commission finds, with the concurrence of the town council, that the continuance of the use permit or variance will endanger the public health, safety or welfare.

(Code 1987, § 18.28.010; Ord. No. 26-1976, art. 9, § 9.01, 1976)

Sec. 18.28.020. - Hearing; notice.#

The planning commission shall hold a public hearing on any proposed revocation after giving notice of such hearing as provided by law, and including ten days' mail notice to the permittee, and shall thereafter submit its recommendations to the town council. The town council shall act thereon within 30 days after receipt of the recommendations.

(Code 1987, § 18.28.020; Ord. No. 26-1976, art. 9, § 9.02, 1976)

Chapter 18.32 - Use Permits#

Sec. 18.32.010. - Issuance.#

A use permit, revocable, conditional, or valid for a term period, may be issued in the manner specified in this chapter for any of the uses or purposes for which such use permits are required by any of the terms of this title.

(Code 1987, § 18.32.010; Ord. No. 26-1976, art. 7, § 7.01, 1976)

Sec. 18.32.020. - Application.#

Application for a use permit shall be made to the planning commission on a form prescribed by the planning commission and shall be accompanied by plans and elevations necessary to show the detail of the proposed use of the land or building.

(Code 1987, § 18.32.020; Ord. No. 26-1976, art. 7, § 7.02, 1976)

Sec. 18.32.030. - Fee.#

Applications shall be accompanied by a fee of $25.00.

(Code 1987, § 18.32.030; Ord. No. 26-1976, art. 7, § 7.03, 1976; Ord. No. 54-1985, § 1(A), 1985)

Sec. 18.32.040. - Hearings.#

The planning commission shall hold a public hearing on any use permit application and shall give notice of the time and place of such hearings as provided by law.

(Code 1987, § 18.32.040; Ord. No. 26-1976, art. 7, § 7.04, 1976)

Sec. 18.32.050. - Planning commission findings; decision.#

(a) In order to grant any use permit, the findings of the planning commission shall be that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be materially detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the town. The planning commission may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title and may require that such conditions will be complied with by the applicant.

(b) The planning commission shall render its decision on any use permit within 35 days following the close of the public hearing. Failure of the commission to render its decision within the period shall be deemed to be a denial of the application. The granting of any use permit, when conforming to the provisions of this section, is declared to be an administrative function, the authority and responsibility for performing which is imposed upon the planning commission shall be final and conclusive except in the event of an appeal as provided in this chapter.

(Code 1987, § 18.32.050; Ord. No. 26-1976, art. 7, § 7.05, 1976; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.32.060. - Appeal.#

(a) In case the applicant or others affected are not satisfied with the action of the planning commission, they may, within ten calendar days after rendition of the decision thereon by the commission, appeal in writing to the town council. The town council, on its own motion made within 20 days of the planning commission decision, may consider the action of the planning commission the same as if an appeal had been taken therefrom.

(b) The appeal shall be taken by the filing of a notice in writing to that effect with the town clerk, and when the appeal is taken by a person other than the original applicant, by the payment of an appeal fee in the amount of $10.00. At its next regular meeting held at least three days after the filing of the notice of appeal, the town council shall set a date for the hearing of the appeal and notice thereof shall be given to the applicant and to the planning commission and as provided by law. The planning commission shall submit a report to the town council setting forth the reasons for the action taken by the commission.

(c) The town council shall render its decision within 45 days after the conclusion of the hearing and the town council in its decision may reverse, set aside, affirm, amend or modify the action of the planning commission for further study and action. Failure of the council to render its decision within the period shall be deemed to be an affirmance of the action of the planning commission.

(d) No building permit shall be issued in any case where a use permit is required by the terms of this title until after the period allowed for appeal. In the event of an appeal, no such permit shall be granted until the matter has been finally approved by the town council. Building permits issued pursuant to this section shall conform to the terms and conditions of the use permit granted.

(Code 1987, § 18.32.060; Ord. No. 26-1976, art. 7, § 7.06, 1976)

Sec. 18.32.070. - Automatic revocation of use permit.#

Any use permit granted in accordance with the terms of this title shall be automatically revoked and terminated if not used within one year from the date of approval thereof or within any shorter period of time, if so designated by the planning commission.

(Code 1987, § 18.32.070; Ord. No. 26-1976, art. 7, § 7.07, 1976)

Chapter 18.36 - Variances#

Sec. 18.36.010. - Applicable circumstances.#

Applications for variances from the strict application of the terms of this title may be made and variance granted when the following circumstances are found to apply:

Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated;
Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications; and
The granting of the variance would not be contrary to the content of this title or to the public health, safety, peace, morals, comfort and general welfare.

(Code 1987, § 18.36.010; Ord. No. 26-1976, art. 8, § 8.01, 1976)

Sec. 18.36.020. - Unauthorized uses.#

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing of the parcel of property.

(Code 1987, § 18.36.020; Ord. No. 26-1976, art. 8, § 8.02, 1976)

Sec. 18.36.030. - Application for variance.#

Application for a variance shall be made to the planning commission in writing on a form prescribed by the planning commission and shall be accompanied by plans and elevations necessary to show the detail of the proposed variance. The application shall be accompanied by a fee of $25.00.

(Code 1987, § 18.36.030; Ord. No. 26-1976, art. 8, § 8.03, 1976; Ord. No. 54-1985, § 1(B), 1985)

Sec. 18.36.040. - Hearing.#

(a) A public hearing by the planning commission shall be held within 45 days after the filing of the application for a variance. Notice of the hearing shall be given in the manner as provided by law.

(b) The planning commission may, without the need for a public hearing or town council confirmation, grant a variance in any yard or height regulation not to exceed 20 percent of such regulation.

(Code 1987, § 18.36.040; Ord. No. 26-1976, art. 8, § 8.05, 1976)

Sec. 18.36.050. - Decision.#

The planning commission shall render its decision on any variance within 35 days following the close of the public hearing. Failure of the commission to render its decision within the period shall be deemed to be a denial of the application.

(Code 1987, § 18.36.050; Ord. No. 26-1976, art. 8, § 8.05, 1976)

Sec. 18.36.060. - Appeal.

The decision of the planning commission may be appealed in accordance with the provisions of section 18.32.060.

(Code 1987, § 18.36.060; Ord. No. 26-1976, art. 8, § 8.06, 1976)

Sec. 18.36.070. - Force and effect of variances.

Variances shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.

(Code 1987, § 18.36.070; Ord. No. 26-1976, art. 8, § 8.07, 1976)

Sec. 18.36.080. - Expiration of variance.

Any variance granted in accordance with the terms of this title shall, without further action, become null and void if not used within one year from the date of approval thereof, or within any shorter period of time, if so designated by the planning commission.

(Code 1987, § 18.36.080; Ord. No. 26-1976, art. 8, § 8.08, 1976)

CHAPTER 18.40. - HOUSING DENSITY BONUSES AND INCENTIVES

Footnotes: --- (1) --- Editor's note— Ord. No. 2025-1, § 2 (Exh. B), adopted Jan. 13, 2025, repealed the former ch. 18.40, §§ 18.40.010—18.40.050, and enacted a new ch. 18.40 as set out herein. The former ch. 18.40 pertained to similar subject matter and derived from Ord. No. 2019-5, §§ 18.36.010—18.36.050, adopted Nov. 12, 2019.

Sec. 18.40.010. - Purpose.

The purpose of this chapter is to implement the State Density Bonus Law, California Government Code § 65915 et seq.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.40.020. - Applicability.

This chapter shall be applicable in all zoning districts that allow residential uses.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.40.030. - Qualifications.

All proposed housing developments that qualify under California Government Code § 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code § 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code § 65915, as may be amended.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.40.040. - Density bonus, incentives and concessions.

The Town of Fort Jones shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code § 65915 et seq., and incentives or concessions also as described in California Government Code § 65915 et seq. [and section] 18.12.050 Application. An application for a density bonus or other incentive under this chapter for a housing development shall be submitted in writing to the planning division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter and applicable state law.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.40.050. - Review and consideration.#

The application shall be considered by the planning commission or town council at the same time the project for which the request is being made is considered. If the project is not to be otherwise considered by the planning commission or the town council, the request being made under this chapter shall be considered by the community development director. The request shall be approved if the applicant complies with the provisions of California Government Code § 65915 et seq.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.40.060. - Continued affordability.#

Consistent with the provisions of California Government Code § 65915 et seq., prior to a density bonus or other incentives being approved for a project, the city and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.44.010. - Conformity with provisions of title.#

All departments, officials and public employees of the town vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings, structures or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict therewith shall be null and void. It shall be the duty of the building inspector of the town to enforce the provisions of this title pertaining to the erection, construction, reconstruction, maintenance, moving, conversion, alteration or addition to any building or structure.

(Code 1987, § 18.40.010; Ord. No. 26-1976, art. 12, § 12.01, 1976)

Sec. 18.44.020. - Public nuisance declared.#

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of lands, buildings or premises established or conducted thereon, operated or maintained contrary to the provisions of this title, shall be, and the same is declared to be, unlawful and a public nuisance; and the town attorney of the town shall, upon order of the town council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner prescribed by law, and shall take such relief as will abate and remove such buildings or structure, and restrain and enjoin any person or entity from setting up, erecting, building, maintaining or using any such building or structure contrary to the provisions of this title.

(Code 1987, § 18.40.020; Ord. No. 26-1976, art. 12, § 12.03, 1976)

Sec. 18.44.030. - Remedies cumulative.#

The remedies provided in this title shall be cumulative and not exclusive.

(Code 1987, § 18.40.030; Ord. No. 26-1976, art. 12, § 12.04, 1976)

Sec. 18.44.040. - Violation; penalty.#

Any person or entity, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such person or entity shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person or entity and shall be punishable as provided in this section.

(Code 1987, § 18.440.040)

Sec. 18.48.010. - Procedure for amendment.#

The districts established by this title or the boundaries thereof may be changed, amended or altered, or any provision thereof may be changed, altered or amended, and any property within the town may be rezoned, reclassified or established when the public necessity or convenience or the general welfare require the same, by following the procedure set forth in this chapter.

(Code 1987, § 18.44.010; Ord. No. 26-1976, art. 10, § 10.01, 1976)

Sec. 18.48.020. - Initiation.#

Any change, amendment, alteration, rezoning or establishment (singly or collectively referred to in this chapter as an "amendment") may be initiated by:

The verified petition of one or more owners of the property affected by the proposed amendment, which petition shall be filed in duplicate with the planning commission and shall be accompanied by a fee of $75.00;
Resolution of intention by the town council; or
Resolution of intention of the planning commission.

(Code 1987, § 18.44.020; Ord. No. 26-1976, art. 10, § 10.02, 1976; Ord. No. 54-1985, § 1(C), 1985)

Sec. 18.48.030. - Public hearings.#

The planning commission shall hold a public hearing on any proposed amendment and shall give notice of the time and place of the hearings as provided by law.

(Code 1987, § 18.44.030; Ord. No. 26-1976, art. 10, § 10.03, 1976)

Sec. 18.48.040. - Action by planning commission.#

Following the hearing, the planning commission shall make a report of its findings and recommendation with respect to the proposed amendment and shall submit to the town council by filing with the town clerk an attested copy of the report within 60 days after completion of the hearing. Failure of the planning commission so to report within the period shall be deemed to be a denial by the planning commission of the proposed amendment.

(Code 1987, § 18.44.040; Ord. No. 26-1976, art. 10, § 10.04, 1976)

Chapter 18.48 - Planning Commission#

Sec. 18.48.050. - Action by town council.#

Upon filing of the report by the planning commission, or upon the expiration of 60 days as and after notice has been given as provided in chapter 18.28, the town council shall, at a regular or special meeting or meetings, publicly hear and consider the matter. Within 90 days after the conclusion of the hearing the town council may amend, alter, adopt or reject the amendment.

(Code 1987, § 18.44.050; Ord. No. 26-1976, art. 10, § 10.05, 1976)

Chapter 18.52 - Emergency Shelters#

Sec. 18.52.010. - Purpose.#

It is the purpose of this section to facilitate and encourage the provision of emergency shelter for homeless persons and households by allowing permanent year-round emergency shelters without a conditional use permit or other discretionary action in the C-1 (retail business) zone, subject only to the same development standards that apply to the other permitted uses in these zones, except for the following requirements unique to emergency shelters, as authorized by Government Code § 65583(a)(4):

The beds or persons to be served nightly by an emergency shelter shall not exceed 35.
Off-street parking shall accommodate all staff working in the emergency shelter provided that parking for an emergency shelter shall not be more than that required for other residential or commercial uses permitted in the retail business (C-1) zone.
Appropriately sized and located exterior and interior on-site waiting and intake areas shall be provided.
Appropriate exterior lighting shall be provided.
On-site management shall be provided.
Security shall be provided during the hours that the emergency shelter is in operation.
The maximum length of stay by a homeless person in an emergency shelter shall be six months.
An emergency shelter shall not be required to be more than 300 feet of another emergency shelter.
No individual or household shall be denied emergency shelter because of an inability to pay.

(Ord. No. 2019-1, § 18.46.010, 11-12-2019; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.52.020. - Standards for emergency shelters.#

In addition to the standards set forth in here and below, emergency shelters shall also be required to comply with the state building code and state fire code in effect at the time of building permit application.

(Ord. No. 2019-1, § 18.46.020, 11-12-2019)

Sec. 18.52.030. - Health and safety standards.

In addition to the standards set forth herein and below, emergency shelters shall also be required to comply with the state housing code in effect at the time of building permit application.

(Ord. No. 2019-1, § 18.46.030, 11-12-2019)

Sec. 18.52.040. - Management plan.

Prior to commencing operation, the emergency shelter provider must have a written management plan, which shall be approved by town staff. The management plan must include, but shall not be limited to, provisions for staff training, resident identification process, policies regarding pets, the timing and placement of outdoor activities, temporary storage of residents' personal belongings, safety and security.

(Ord. No. 2019-1, § 18.46.040, 11-12-2019; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.52.050. - Occupancy load and bathroom facilities.

Each resident shall be provided a minimum of 50 gross square feet of personal living space per person, not including space for common areas. In no case shall occupancy exceed 35 residents at any one time. Bathing facilities shall be provided in quantity and location as required in the California Plumbing Code (title 24, part 5) and shall comply with the accessibility requirements of the California Building Code (title 24, part 2).

(Ord. No. 2019-1, § 18.46.050, 11-12-2019)

Sec. 18.52.060. - Common facilities and services.

The emergency shelter facility may provide one or more specific facilities and services, including, but not limited to, commercial kitchen facilities designed and operated in compliance with the California Retail Food Code, dining area, laundry area, recreation room, support services such as training and counseling, and childcare facilities.

(Ord. No. 2019-1, § 18.46.060, 11-12-2019)

Sec. 18.52.070. - Lighting.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, full cut-off downward facing hooded lighting and directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.

(Ord. No. 2019-1, § 18.46.070, 11-12-2019)

Sec. 18.52.080. - Outdoor activities.

Outdoor activities, such as recreation, eating, and staging for drop-off, intake, and pick-up, may be conducted at the facility. Conducting such activities either at a back entrance or inner courtyard is encouraged. For the purposes of noise abatement in residential districts, outdoor activities may only be conducted between the hours of 8:00 a.m. to 10:00 p.m.

(Ord. No. 2019-1, § 18.46.080, 11-12-2019)

Sec. 18.52.090. - Shelter location, and concentration of uses.#

Emergency shelters must be sited within the C-1 (retail business) zone.

(Ord. No. 2019-1, § 18.46.090, 11-12-2019; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.52.100. - Design standards.#

To ensure that new and renovated buildings are compatible with the existing character and scale of the surrounding commercial environment, new and infill buildings must be consistent with the architectural design guidelines.

(Ord. No. 2019-1, § 18.46.100, 11-12-2019)

Sec. 18.52.110. - Shelter provider.#

The agency or organization operating the shelter shall comply with the following requirements:

(1) Temporary shelter shall be available to residents for no more than 60 days. Extensions up to a total stay of 180 days may be provided if no alternative housing is available.

(2) Staff and services shall be provided to assist residents to obtain permanent shelter and income. Such services shall be available at no cost to all residents of a provider's shelter.

(3) The provider shall not discriminate in any services provided.

(4) The provider shall not require participation by residents in any religious or philosophical ritual, service, meeting or rite as a condition of eligibility.

(Ord. No. 2019-1, § 18.46.110, 11-12-2019)

Sec. 18.56.010. - Statutory authority.#

The legislature of the state has delegated the responsibility to local governmental units to adopt regulations designated to promote the public health, safety and general welfare of its citizenry. Therefore, the council does ordain the provisions set out in this chapter.

(Code 1987, § 18.48.010; Ord. No. 38-1980, § 1.1, 1980)

Sec. 18.56.020. - Findings of fact.#

(a) The flood hazard areas of the town are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b) These flood losses are caused by the cumulative effect of obstructions in the areas of special flood hazards which increase flood heights and velocities, and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(Code 1987, § 18.48.020; Ord. No. 38-1980, § 1.2, 1980)

Chapter 18.56 - Flood Damage Prevention#

Sec. 18.56.030. - Purpose.#

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designated:

To protect human life and health;
To minimize expenditure of public money for costly flood-control projects;
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special hazard;
To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
To ensure that potential buyers are notified that property is in an area of special flood hazard; and
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Code 1987, § 18.48.030; Ord. No. 38-1980, § 1.3, 1980)

Sec. 18.56.040. - Methods of reducing flood losses.#

In order to accomplish its purposes, this chapter includes methods and provisions for the following:

Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
Controlling filling, grading, dredging and other development which may increase flood damage; and
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters, or which may increase flood hazards in other areas.

(Code 1987, § 18.48.040; Ord. No. 38-1980, § 1.4, 1980)

Sec. 18.56.050. - Interpretation of provisions.#

In the interpretation and application of this chapter, all provisions shall be:

Considered as minimum requirements;
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers granted under state statutes.

(Code 1987, § 18.48.070; Ord. No. 38-1980, § 3.2, 1980)

Sec. 18.56.060. - Abrogation and greater restrictions.#

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Code 1987, § 18.48.090; Ord. No. 38-1980, § 3.4, 1980)

Sec. 18.56.070. - Warning and disclaimer of liability.#

(a) The degree of flood protection required for this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.

(b) Larger floods can and will occur in rare occasions.

(c) Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards, or uses permitted within such areas, will be free from flooding or flood damages. This chapter shall not create liability on the part of the town, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Code 1987, § 18.48.100; Ord. No. 38-1980, § 3.6, 1980)

Sec. 18.56.080. - Definitions.#

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Appeal means a request for a review of the town clerk's interpretation of any provision of this chapter.

Area of shallow flooding means a designated AO, AH or VO zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

Area of special flood hazard. See Special flood hazard area.

Area of special flood-related erosion hazard is the area subject to severe flood-related erosion losses; the area designated as Zone E on the flood insurance rate map (FIRM).

Area of special mudslide (i.e., mudflow) hazard is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the flood insurance rate map (FIRM).

Base flood means the flood having one percent chance of being equaled or exceeded in any given year (also called the 100-year flood).

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway walls are any type of walls whether solid lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not

Definitions (continued)#

Breakaway wall means a wall that is not part of the structural support of the building and which is designated to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any building to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

Coastal high hazard areas means the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as Zones V1-V30, VE or V.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining dredging, filling, grading, paving, excavation or drilling operations.

Flood or flooding means a general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of floodwaters, the unusual and rapid accumulation or runoff of surface waters from any source, and/or the collapse of subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

Flood boundary and floodway map means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zone applicable to the community.

Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.

Floodplain or floodprone area means any land area susceptible to being inundated by water from any source. See Flooding.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term "floodplain management regulations" describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

§ 18.48.XXX Definitions#

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term "functionally dependent use" includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction nearest to the proposed walls of a structure.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on the site for greater than 180 consecutive days.

Manufactured home park or subdivision means a parcel or contiguous parcels of land divided into two or more manufactured home lots for sale or rent.

Mean sea level, for purposes of the National Flood Insurance Program, means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

New construction, for floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by this community.

100-year flood means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this article or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Special flood hazard area means an area having special flood, mudflow or flood-related erosion hazards and shown on a flood hazard boundary map (FHBM) or a flood insurance rate map (FIRM) Zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

(Code 1987, §§ 18.48.290, 18.48.410)

Chapter 18.56 - Flood Damage Prevention#

Sec. 18.56.090. - Development permit; required; application information.#

A development permit shall be obtained before construction or development begins within any area of special flood hazard§ defined in section 18.56.080. Application for a development permit shall be made on forms furnished by the county department of public works, and may include, but not limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO or DO, elevation of highest adjacent grade and proposed elevation of the lowest floor of all structures;

(2) Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(3) All reports and certifications required by this chapter; and

(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Code 1987, § 18.48.420)

Sec. 18.56.100. - Designation of the floodplain administrator.#

The county department of public works is appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

(Code 1987, § 18.48.430)

Sec. 18.56.110. - Duties and responsibilities of the floodplain administrator.#

The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(1) Permit review.

a. Review all development permits to determine that the permit requirements of this chapter have been satisfied;

b. All other required state and federal permits have been obtained;

c. The site is reasonably safe from flooding;

d. The proposed development does not adversely affect the carrying capacity. For purposes of this chapter, the term "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.

(2) Use of other base flood data. When base flood elevation data has not been provided, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer subsection (4) of this section. Any such information shall be submitted to the council for adoption.

(3) When a watercourse is to be altered or relocated:

a. Notify adjacent communities and the state department of water resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

b. Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained.

(4) Obtain and maintain for public inspection and make available as needed:

a. The certifications required in sections:

18.56.080 (definitions);
18.56.200 (nonresidential construction);
18.56.230 (standards of construction);
18.56.250 (standards for subdivisions); and
18.56.270 (floodways);

b. The information required in section 18.56.280 (coastal high hazard areas); and

c. The report required in section 18.56.290(d)(4) (mudslide prone areas).

(5) Make interpretations where needed, as to the exact location of the boundaries of the [text continues in original document]

Article IV. Flood Hazard Standards (Continued)#

Sec. 18.56.120. - General standards designated.#

In all areas of special flood hazard, the standards set out in this article are required.

(Code 1987, § 18.48.340(2); Ord. No. 38-1980, § 5.1, 1980; Res. No. 992, app. A, § 18.48.340, 1-10-2011)

Sec. 18.56.130. - Anchoring.#

(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

(b) All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

(1) Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side;

(2) Frame ties be provided at each corner of the home, with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;

(3) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

(4) Any additions to the manufactured home be similarly anchored.

(Code 1987, § 18.48.350(2); Ord. No. 38-1980, § 5.1.1, 1980; Res. No. 992, app. A, § 18.48.350, 1-10-2011)

Sec. 18.56.140. - Construction materials and methods.#

(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.§

(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.§

(Code 1987, § 18.48.360; Ord. No. 38-1980, § 5.1.2, 1980; Res. No. 992, app. A, § 18.48.360, 1-10-2011)

Sec. 18.56.150. - Utilities.#

(a) All new and replacement water-supply systems shall be designated to minimize or eliminate infiltration of floodwaters into the system.

(b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltrations of floodwaters into the system and discharge from the systems into floodwaters.

(c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Code 1987, § 18.48.370; Ord. No. 38-1980, § 5.1.3, 1980; Res. No. 992, app. A, § 18.48.370, 1-10-2011)

Sec. 18.56.160. - Subdivision proposal requirements.#

(a) All subdivision proposals shall:

(1) Be consistent with the need to minimize flood damage.

(2) Have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

(3) Have adequate drainage provided to reduce exposure to flood damage.

(b) Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.

(Code 1987, § 18.48.380; Ord. No. 38-1980, § 5.1.4, 1980; Res. No. 992, app. A, § 18.48.380, 1-10-2011)

Sec. 18.56.170. - Encroachments.#

The cumulative effect of any development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.

(Code 1987, § 18.48.390; Ord. No. 38-1980, § 5.1.5, 1980)

Sec. 18.56.180. - Specific standards designated.#

In all areas of special flood hazard where base flood elevation data has been provided as set forth in section 18.56.160 or 18.56.310(b), the provisions set out in sections 18.56.210 through 18.56.230 are required.

(Code 1987, § 18.48.400; Ord. No. 38-1980, § 5.1, 1980)

Sec. 18.56.190. - Residential construction.#

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.§

(Code 1987, § 18.48.410; Ord. No. 38-1980, § 5.2-1, 1980)

Sec. 18.56.200. - Nonresidential construction.#

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:

(1) Be floodproofed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water§;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied.§ Such certifications shall be provided to the official as set forth in section 18.56.230(c)(3)c.

(Code 1987, § 18.48.420; Ord. No. 38-1980, § 5.2-2, 1980)

Sec. 18.56.210. - Manufactured homes.

(a) Manufactured homes shall be anchored in accordance with section 18.56.130(b).§

(b) For new manufactured home parks and manufactured home subdivisions; for expansions to existing manufactured homes parks and manufactured home subdivisions; for existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before repair, reconstruction or improvement has commenced; and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, it is required that:

(1) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level§;

(2) Adequate surface drainage and access for a hauler are provided; and

(3) In the instance of elevation on pilings, that:

a. Lots are large enough to permit steps;

b. Piling foundations are placed in stable soil no more than ten feet apart§; and

c. Reinforcement is provided for piling more than six feet above the ground level.§

(Code 1987, § 18.48.430; Ord. No. 38-1980, § 5.2-3, 1980)

Sec. 18.56.220. - Shallow flooding.

Located within the areas of special flood hazard defined in section 18.56.080 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths on one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. Therefore, the following provisions apply:

(1) All new construction and substantial improvements of residential structures have the lowest floor, including the basement, elevated above the crown of the nearest street to or above the depth number specified in the communities FIRM.§

(2) All new construction and substantial improvements of nonresidential structures shall:

a. Have the lowest floor, including the basement, elevated above the crown of the nearest street to or above the depth number specified in the communities FIRM; or

b. Together with the attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(Code 1987, § 18.48.440; Ord. No. 38-1980, § 5.2-4, 1980)

Sec. 18.56.230. - Standards of construction.

In all areas of special flood hazards the following standards are required:

(1) Anchoring.

a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b. All manufactured homes shall meet the anchoring standards of section 18.56.130(b).

(2) Construction material.

a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

d. Required within Zones AH, AO or VO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(3) Elevation and floodproofing.

a. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.§ Nonresidential structures may meet the standards in section 18.56.200. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

b. New construction and substantial improvement of any structure in Zone AH, AO or VO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in section 18.56.200. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

c. Nonresidential construction shall either be elevated in conformance with section 18.56.200 or together with attendant utility and sanitary facilities:

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.

d. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designated to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

Either a minimum of two openings having a total net area of not less than one square

Sec. 18.56.240. - Standards for utilities.

(a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

(b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Code 1987, § 18.48.460)

Sec. 18.56.250. - Standards for subdivisions.

(a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.§

(b) All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

(d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e) All subdivisions shall be provide adequate drainage to reduce exposure to flood hazards.

(Code 1987, § 18.48.470)

Sec. 18.56.260. - Standards for manufactured homes.

All new and replacement manufactured homes and additions to manufactured homes shall:

(1) Be elevated so that the lowest floor is at or above the base flood elevation; and

(2) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

(Code 1987, § 18.48.480)

Sec. 18.56.270. - Floodways.

Located within areas of special flood hazard defined in section 18.56.080 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwater which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this article.

(Code 1987, § 18.48.490)

Sec. 18.56.280. - Coastal high hazard areas.#

Within coastal high hazard areas defined in section 18.56.080, the following standards shall apply:

(1) All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation.

(2) All new construction shall be located on the landward side of the reach of mean high tide.§

(3) All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation.

(4) Fill shall not be used for structural support of the building.§

(5) Manmade alteration of sand dunes which would increase potential flood damage is prohibited.§

(6) The floodplain administrator shall obtain and maintain the following records:

a. Certification by a registered engineer or architect that a proposed structure complies with section 18.56.270(1).

b. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures contain a basement.

(Code 1987, § 18.48.500)

Sec. 18.56.290. - Mudslide prone areas.#

(a) The floodplain administrator shall review permits for proposed construction or other development to determine if it is within a mudslide area.

(b) Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to, the following:

(1) The type and quality of soils;

(2) Evidence of groundwater or surface water problems;

(3) The depth and quality of any fill;

(4) The overall slope of the site; and

(5) The weight that any proposed development will impose on the slope.

(1) A site investigation and further review shall be made by persons qualified in geology and soils engineering;

(2) The proposed grading, excavation, new construction and substantial improvements shall be adequately designed and protected against mudslide damages;

(3) The proposed grading, excavation, new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances; and

(4) Drainage, planting, watering and maintenance shall not endanger slope stability.§

(d) Within Zone M on the flood insurance rate map, the town shall adopt a drainage ordinance which at least complies with the standards of the most recent edition of the Building Standards Code §§ 7001 through 7006 and 7008 through 7015:

(1) The location of foundation and utility systems of new construction and substantial improvements;

(2) The location, drainage and maintenance of all excavations, cuts and fills and planted slopes;

(3) Protective measures, including, but not limited to, retaining walls, buttress fills, sub drains, diverter terraces, benchings, etc.; and

(4) Engineering drawings and specifications to be submitted for all corrective measures, accompanied by supporting soils engineering and geology reports.

(Code 1987, § 18.48.510)

Article 18.56 - Floodplain Management#

(a) The floodplain administrator shall require permits for proposed construction and other developments within all flood-related erosion-prone areas as known to the community.

(b) Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

(c) If a proposed improvement is found to be in a path of flood-related erosion and would increase the erosion hazard, such improvement shall be relocated, or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

(d) Within Zone E on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated useful life of the structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

(Code 1987, § 18.48.520)

Sec. 18.56.310. - Appeal board.#

(a) The town council shall hear and decide appeals and requests for variances from the requirements of this chapter.

(b) The town council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(c) In passing upon such applications, the town council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger of life and property due to flooding or erosion damage;

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the facility to the community;

(5) The necessity to the facility of a waterfront location, where applicable;

(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9) The safety of access to the property in time of flood for ordinary and emergency vehicles;

(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(d) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed the base flood level, providing items listed in subsection (c)(1) through (c)(11) of this section have been fully considered. As the lot size increases beyond one half acre, the technical justification required

Sec. 18.56.320. - Conditions for variances.#

(a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

(b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d) Variances shall only be issued upon:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances.

(e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during base flood and create no additional threats to public safety.

(f) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the town council in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Code 1987, § 18.48.540)

CHAPTER 18.60. - ACCESSORY DWELLING UNITS#

Footnotes: --- (2) ---

Editor's note— Ord. No. 2025-1, § 2 (Exh. B), adopted Jan. 13, 2025, repealed the former ch. 18.60, §§ 18.60.010—18.60.090, and enacted a new ch. 18.60 as set out herein. The former ch. 18.60 pertained to similar subject matter and derived from Ord. No. 2019-3, §§ 18.52.010—18.52.090, adopted Nov. 12, 2019.

Sec. 18.60.010. - Purpose.#

The intent of this section is to regulate accessory dwelling units in residential zoning districts consistent with state law. Implementation of this section is intended to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.60.020. - Number of ADUs.#

The city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:

(1) Single-family.#

a. One ADU and one junior ADU per lot with a proposed or existing single-family dwelling if all of the following apply:#

1. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.#

2. The space has exterior access from the proposed or existing single-family dwelling.#

3. The side and rear setbacks are sufficient for fire and safety.#

4. The JADU complies with the requirements of this chapter.#

b. One detached, new construction ADU with side and rear yard setbacks of no less than four feet, with a height limitation of the underlying zoning for a lot with a proposed or existing single-family dwelling.#

1. The city shall not require a detached, new construction ADU meeting the required side and rear yard setbacks to be smaller than 800 square feet.§#

(2) Multi-family.#

a. Multiple ADUs within the portions of existing multifamily structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.#

1. The city shall allow at least one ADU within an existing multifamily structure and shall allow up to 25 percent of the existing multifamily dwelling units.#

b. No more than two detached ADUs that are located on a lot that has an existing or proposed multifamily dwelling. These detached ADUs are subject to the height limitations of the underlying zone, as applicable, and rear yard and side setbacks of no more than four feet.#

1. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct of a detached ADU.#

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.60.030. - Accessory dwelling units within existing space.#

An ADU within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the chapter if complying with building and safety codes, independent exterior access from the existing residence, and sufficient side and rear setbacks for fire safety.

(1) General plan.#

Construction of an ADU or JADU pursuant to this chapter shall not be considered when calculating compliance with the allowable density for the lot upon which the accessory dwelling unit is located, and an ADU or JADU that conforms to this chapter shall be deemed to be an accessory use and shall be deemed to be a residential use that is required to be consistent with the existing general plan and zoning designations for the lot.

(2) Occupancy.#

The ADU or JADU may be rented for a term which does not exceed one year, but there shall be no limit on the number of times the term can be renewed.§

(3) Location.#

a.#

The ADU may be within an existing space including the primary structure, attached or detached garage or other accessory structure.

b.#

The JADU shall be constructed within the walls of an existing single-family dwelling.

(4) Zoning requirements.#

The minimum front setbacks of the underlying zone provisions shall apply to any ADU or JADU. No setback shall be required for an existing garage that is converted to an ADU.

(5) Off-street parking.#

Parking requirements for ADUs and JADUs shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

(6) Replacement parking.#

When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU or JADU, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit.

(7) Unit size.#

a.#

An ADU converted from an existing accessory structure shall not be subject to size maximums. Provided the conversion to an ADU creates no additional space, the entirety of the existing accessory structure may be utilized.

b.#

If the primary unit is larger than 1,600 square feet in size, the converted ADU shall not exceed 50 percent of the existing living area.

c.#

If the primary unit is 1,600 square feet or less in size, the converted ADU shall not exceed 800 square feet.

d.#

A JADU shall not have a size exceeding 500 square feet.§

(8) Kitchen and bathroom, JADU.#

JADUs shall include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. A JADU does not require separate bathroom facilities.

(9) Utility service.#

The utility service for the ADU or JADU must be serviced through the existing single-family dwelling service.§ ADUs and JADUs shall not be considered new residential uses for the purposes of calculating town connection fees or capacity charges for utilities, including water and sewer service.

(10) Passageway.#

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

(11) Fire sprinklers.#

ADUs and JADUs shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

(12) Noncompliant structures.#

An accessory dwelling unit within an existing accessory structure that does not comply

Sec. 18.60.040. - Accessory dwelling units, new construction.

(a) General plan. Construction of an ADU pursuant to this chapter shall not be considered when calculating compliance with the allowable density for the lot upon which the ADU is located, and an ADU that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall be deemed to be a residential use that is required to be consistent with the existing general plan and zoning designations for the lot.

(b) Occupancy. The ADU may be rented for a term which does not exceed one year, but there shall be no limit on the number of times the term can be renewed.§

(c) Location. The ADU may be either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling a minimum of ten feet but located on the same lot as the existing dwelling, and subject to the same conditions as the main building.

(d) Zoning requirements.

(1) The minimum front setbacks of the underlying zone provisions shall apply to any ADU.

(2) A setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is an expansion of an existing structure or is a new structure.§

(3) A setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.§

(4) Lot coverage requirements do not apply for ADUs 800 square feet and under.§

(5) Lot coverage requirements apply to ADUs larger than 800 square feet.

(e) Off-street parking. Parking requirements for ADU shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

(f) Replacement parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU, replacement parking shall not be required and may be located in any configuration on the same lot as the ADU.

(g) Unit size. If the primary unit is larger than 1,600 square feet in size, the attached ADU shall not exceed 50 percent of the existing living area.§ If the primary unit is 1,600 square feet or less in size, the attached ADU shall not exceed 800 square feet.§ A detached ADU on the subject parcel shall have a floor space not to exceed 1,200 square feet.§

(h) Design. The design shall use the same exterior materials, roof covering, colors and other architectural features.§

(i) Utility service. The utility service for the ADU must be serviced through the existing single-family dwelling service. ADUs shall not be considered new residential uses for the purposes of calculating town connection fees or capacity charges for utilities, including water and sewer service.

(j) Passageway. No passageway shall be required in conjunction with the construction of an ADU.

(k) Fire sprinklers. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.60.050. - Permit review.

Permit applications for accessory dwelling units shall be considered and approved ministerially without discretionary review or a hearing within 60 days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot or when the permit application for a proposed single-unit or multi-unit dwelling is acted upon.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.62.010. - Purpose.

It is the policy of the town pursuant to the Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of these provisions is to provide a process for making requests for reasonable accommodation to land use and zoning decisions.

(Ord. No. 2019-4, § 18.54.010, 11-12-2019)

Sec. 18.62.020. - Requesting reasonable accommodation.

(a) In order to make specific housing available to an individual with a disability, any person acting on behalf of an individual with a disability may request a reasonable accommodation in the rules, policies, practices, and procedures regulating the siting, funding, development or use of housing by completing the fair housing accommodation request form and filing it with the planning department.

(b) A request for reasonable accommodation in rules, policies, practices or procedures may be filed with no fee, at any time that the accommodation may be necessary to ensure equal access to housing, (e.g., at the outset or during the approval process).

(c) A reasonable accommodation request may include, but is not limited to, yard area encroachments for ramps, handrails, or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways that would not otherwise comply with required landscaping or open space area provisions; and building additions required strictly for accessibility accommodation.

(d) If an applicant needs assistance in making the request for reasonable accommodation or any appeals associated with the request, the planning department shall provide reasonable assistance necessary to ensure that the process is accessible to the applicant.

(Ord. No. 2019-4, § 18.54.020, 11-12-2019)

Sec. 18.62.030. - Review of requests for reasonable accommodation.

(a) When a request for reasonable accommodation is filed with the planning department, it is referred to the planning director or his/her designee for review and consideration. If necessary to reach a determination on the request for reasonable accommodation, the planning director or his/her designee may request further information from the applicant consistent with the Federal Fair Housing Amendments Act of 1988, specifying in detail what information is required.

(b) Not more than 45 days after receiving a written request for reasonable accommodation, the planning director or his/her designee shall issue a written determination on the request. In the event that the planning director or his/her designee requests further information pursuant to subsection (a) of this section, the running of this period shall be stopped. Once the applicant provides a complete response to the request, a new 45-day period shall begin.

(Ord. No. 2019-4, § 18.54.030, 11-12-2019)

Sec. 18.62.040. - Factors for considering requests for reasonable accommodation.

The planning director or his/her designee shall consider the following criteria when determining whether a requested accommodation is reasonable:

(1) The applicant making the request for reasonable accommodation is an individual protected under the Federal Fair Housing Amendments Act of 1988.

(2) The accommodation is necessary to make specific dwelling units available to an individual protected under the Federal Fair Housing Amendments Act of 1988.

(3) The requested accommodation would not impose an undue financial or administrative burden on the town.

(4) The requested accommodation would not require a fundamental alteration in the nature of a program, policy, or procedure.

(5) Other unforeseen factors that may have a bearing on the specific accommodation request.

(Ord. No. 2019-4, § 18.54.040, 11-12-2019)

Sec. 18.62.050. - Conditions of approval.

The conditions of approval may, where appropriate, provide for any or all of the following:

(1) Inspection of the affected premises periodically by the town building official as specified in the conditions, to verify compliance with this section and with any applicable conditions of approval;

(2) Removal of the improvements by the applicant, where removal would not constitute an unreasonable financial burden, if the need for which the accommodation was granted no longer exists;

(3) Time limits or expiration of the approval if the need for which the accommodation was granted no longer exists; and

(4) Any grant of accommodation for an individual with a disability shall be considered as a personal accommodation for the individual applicant and does not run with the land.

(Ord. No. 2019-4, § 18.54.050, 11-12-2019)

Chapter 18.62 - Reasonable Accommodation#

Sec. 18.62.060. - Written determination.#

The planning director or his/her designee's written determination on the request for reasonable accommodation shall explain in detail the basis of the determination, including the findings on the criteria set forth in section 18.60.040 and conditions of approval set forth in section 18.60.050. The written determination shall be sent to the applicant by certified mail. All written determinations shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in section 18.60.070.

(Ord. No. 2019-4, § 18.54.060, 11-12-2019)

Sec. 18.62.070. - Appeals.#

Within ten days of the date of the planning director's or his/her designee's written determination, the applicant may file an appeal of the determination. The appeal process shall be conducted pursuant to the procedures set forth in this chapter. Appeals will be heard by the town planning commission.

(Ord. No. 2019-4, § 18.54.070, 11-12-2019)

Sec. 18.62.080. - California Environmental Quality Act (CEQA) exemption.#

The town council finds that the adoption and implementation of this chapter is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061, (title 14 of the California Code of Regulations) because there is no potential for causing a significant effect on the environment.

(Ord. No. 2019-4, § 18.54.080, 11-12-2019)

Chapter 18.64 - Single Room Occupancy (SRO) Units#

Sec. 18.64.010. - Purpose.#

The purpose of these regulations is to allow the development of reduced-size dwelling units, defined as single room occupancy (SRO) units, with limited parking requirements to provide additional options for affordable housing opportunities.

These SRO regulations are considered to be in addition to the regulations of the underlying zoning districts where SRO development is permitted. SROs must meet the current local standards for building safety.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.64.020. - Permitted SRO zones.#

SROs are permitted in the R-3 district.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.64.030. - Minimum development standards.#

(a) The net area of an SRO unit may range from a minimum of 150 square feet to a maximum of 400 square feet.

(b) Private facilities.

(1) SRO units of 220 square feet or more are required to have a kitchen and a full bathroom.

(2) Any area that may be used for food preparation must be defined in building plans and each having a clear working space of 30 inches in front and meet the requirements of the State of California Health and Safety Code and California Building Code § 1208.4 or subsequent amendments.

(3) A full bathroom shall contain at least a toilet, sink and bathtub, shower or bath/shower combination.

(4) A partial (or half) bathroom shall have at least a toilet and sink.

(5) All SRO units must have a closet.

(c) Twenty-four-hour on-site management must be provided at an SRO with seven or more units and shall include a dwelling unit designated for the manager.

(d) All SRO projects must have a management plan approved by the town staff. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, and security procedures.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.64.040. - Parking.

Off-street parking must be provided at a rate of one space per three rooming units.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.64.050. - Common spaces.

(a) SRO projects shall have at least ten square feet of common usable open space per unit; however, no SRO project shall provide less than 200 square feet of common outdoor open space and 200 square feet of common indoor open space. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space.

(b) Common open spaces shall be designed to accommodate appropriate furnishings and shall be furnished for use by residents. Appropriate furnishings for indoor spaces may include such items as lounge chair(s) and/or couch(es), table(s) with chairs, writing desk(s), and television(s). Outdoor furnishings may include such items as outdoor bench(es), table(s) with chairs, barbecue(s), and shade umbrella(s).

(c) Laundry facilities that have a minimum of two washers and two dryers must be provided in a separate room. Additional washers and dryers must be provided for any development that has more than 20 units at the ratio of one washer and one dryer for every additional 20 units.

(d) Common bathrooms must be located on any floor with units that do not have full bathrooms. Common bathrooms shall be either single occupant use with provisions for privacy or multi-occupant use with separate provisions for men and women. Common bathrooms shall have shower or bathtub facilities at a ratio of one for every seven units or fraction thereof. Each shared shower or bathtub facility shall be provided with an interior lockable door.

(e) Complete common cooking facilities/kitchens must be provided if any unit within the project does not have a kitchen. One complete cooking facility/kitchen shall be provided within the project for every 20 units or portion thereof or have one kitchen on any floor where units without kitchens are located.

(f) All SRO units must have access to a separate usable storage space within the project.

(g) With the exception of projects that allow only senior residents, projects that have less than one automobile parking space per unit shall provide one easily accessible space for storing and locking a bicycle per unit. For projects that provide one parking space per unit, at least one bicycle storage space for every two units shall be provided.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.64.060. - Additional standards for single room occupancy (SRO) housing units.

In addition to meeting requirements for residential structures defined elsewhere in the Code of Ordinances, buildings, hotels, and structures containing single room occupancy housing units shall comply with the following:

(1) Kitchen and bathroom requirements.

a. All appliances and power outlets shall be installed pursuant to the California Building Code and California Electrical Code.

b. All cooking appliances and power outlets used for cooking appliances shall be installed pursuant to the California Building Code and California Electrical Code and shall be installed under permit from the City of Fort Jones.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.64.070. - Garbage disposal and receptacles.

Garbage disposal and receptacles are to be provided by the property owner. Garbage receptacles must be located on the lot or property in a manner that does not hinder access to any required off-street parking or loading spaces.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Title 18 - ZONING

Chapter 18.04 - General Provisions#

Sec. 18.04.010. - Purpose.#

Sec. 18.04.020. - Content.#

Sec. 18.04.030. - Applicability.#

Sec. 18.04.040. - Interpretation.#

Definitions#

Definitions (Continued)#

Motel#

Nonconforming Use#

Office#

Parking Lot#

Parking Space#

Passageway#

Professional Office#

Public Utility Offices#

Public Utility Service Uses#

Public Utility Substations#

Residential Care Facility, Large#

Residential Care Facility, Small#

Resort#

Rest Home#

Roominghouse#

Sanitarium or Rest Home#

School#

§ 18.08.020 Definitions#

Chapter 18.12 - Districts and Zoning Map#

Sec. 18.12.010. - Districts established.#

Sec. 18.12.020. - Zoning map.#

Sec. 18.12.030. - Zoning district boundaries.#

Chapter 18.16 - R-1 District Regulations#

Sec. 18.16.010. - R-1 district.#R-1

Sec. 18.16.010. - R-1 district.#

Sec. 18.16.020. - R-2 district.#R-2

Sec. 18.16.030. - R-3 district.#R-3

Sec. 18.16.050. - P combined parking district.#

Sec. 18.16.060. - F-1 combining floodplain district.#F-1

Sec. 18.16.070. - F-2 combining floodplain district.#F-2

Sec. 18.16.080. - C-1 District.#C-1

Sec. 18.20.010. - Generally.#

Sec. 18.20.020. - Permit required—Uses involving large assemblages of people.#

Article 18.20 - General Provisions#

Sec. 18.20.090. - Removal of minerals, earth and other natural materials; generally.#

Sec. 18.20.100. - Removal or deposit of natural materials for nonconstruction projects.#

Sec. 18.20.110. - Spires, chimneys, towers and similar structures.#

Sec. 18.20.120. - Fences, hedges and screen plantings.#

Sec. 18.20.130. - Building sites; permit required.#

Sec. 18.20.140. - Yards.#

(a)#

(b)#

(c)#

(d)#

(e)#

(f)#

(g)#

(1)#

(2)#

(3)#

(h)#

Sec. 18.20.150. - Manufactured homes/mobile homes; residential use requirements.#

Sec. 18.20.160. - Manufactured homes; building permits.#

Article 18.24 - Nonconforming Uses#

Sec. 18.24.010. - Restricted.#

Sec. 18.24.020. - Use permit required.#

Sec. 18.24.030. - Cessation of nonconforming use.#

Sec. 18.24.040. - Nonconforming buildings.#

Chapter 18.28 - Revocation#

Sec. 18.28.010. - Revocation.#

Sec. 18.28.020. - Hearing; notice.#

Chapter 18.32 - Use Permits#

Sec. 18.32.010. - Issuance.#

Sec. 18.32.020. - Application.#

Sec. 18.32.030. - Fee.#

Sec. 18.32.040. - Hearings.#

Sec. 18.32.050. - Planning commission findings; decision.#

Sec. 18.32.060. - Appeal.#

Sec. 18.32.070. - Automatic revocation of use permit.#

Chapter 18.36 - Variances#

Sec. 18.36.010. - Applicable circumstances.#

Sec. 18.36.020. - Unauthorized uses.#