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Sutter County Zoning Code - Sutter County Government

VIEWS: 40 PAGES: 229

									Sutter County Zoning Code
                              December 2010




    Sutter County Community Services Department
                     1130 Civic Center Boulevard
                      Yuba City, California 95993
                                   530-822-7400


                             www.co.sutter.ca.us
 Zoning Code      Sutter County
 Amendment #       Ordinance #    Adoption Date              Summary of Changes
ZC #98-01         Ord. #1275    October 13, 1998      Various technical clean up and
                                                      consistency changes
ZC #00-01         Ord. #1303                          Various technical clean ups,
                                  December 12, 2000   establish new regulations and
                                                      development standards
ZC #00-02         Ord. #1328,                         Repealing Division 53, adopting
                  Ord # 1327      April 16, 2002      new zoning and adopting Specific
                  Reso. #02-034                       Plan
                                                      Revise policies for multiple
                                                      applications, establish financial
ZC# 01-01                                             assurances for wireless facilities,
ZC# 01-02         Ord. # 1338     August 20, 2002     clarify ranchette approval
ZC# 02-02                                             procedures, add option for
                                                      development agreement to
                                                      convert ag land to habitat in AG
                                                      and UA zones, and various
                                                      technical cleanups.
ZC# 02-03         Ord. # 1344     December 17, 2002   Sutter Buttes Overlay Zone
ZC# 02-04         Ord. # 1349     January 14, 2003    Ranchette Lot Line Adjustment
                                                      Policies
                                                      Off-site advertising sign
ZC# 03-01         Ord. 1359#      July 8, 2003        regulations in C-M, M-1 and M-2
                                                      Zone Districts
ZC# 00-02         Ord. # 1361     August 12, 2003     Repealing Ord. #1328 to reinstate
                                                      Division 53
ZC# 03-02         Ord. # 1356     May 20, 2003        Second Units in Residential Zone
ZC# 03-03         Ord. # 1367     November 25, 2003   Short-term auctions in AG
                                                      district by use permit
ZC# 03-04         Ord. # 1369     November 25, 2003   New zone designations of AP and
                                                      APR created
ZC# 03-05         Ord. # 1379     March 9, 2004       Finding and approval changes to
                                                      Variances Section
Project #04-004   Ord. # 1380     March 16, 2004      Clarifications to Appeals Section
Project #04-027   Ord. # 1389     October 5, 2004     Amend Ranchette Policies
Project #04-029   Ord. # 1396     February 8, 2005    Establish Historic Preservation
                                                      Combining District
Project #04-038   Ord. # 1401     May 3, 2005         Various Amendments
Project #05-015   Ord. # 1410     January 3, 2006     Prohibition of medical marijuana
                                                      dispensaries
Project #05-096   Ord. # 1418     April 11, 2006      Sign Code Amendment
Project #06-034   Ord. # 1436     December 19, 2006   Ranchette standards
Project #06-050   Ord. #1437      January 9, 2007     Procedures for Historic Use
                                                      Determinations

                                           1
 Zoning Code      Sutter County
 Amendment #       Ordinance #    Adoption Date            Summary of Changes
Project #06-021   Ord. #1473    February 26, 2008   Additional uses in the FPARC
                                                    district
Project #08-025   Ord. #1499    November 25, 2008   Privately owned improvements in
                                                    industrial zones
Project #06-002   Ord. #1505    June 30, 2009       The Sutter Pointe Specific Plan
                                                    Land Use and Development Code
Project #09-030   Ord. #1524    December 29, 2009   Water Efficient Landscape
                                                    Requirements
Project #10-016   Ord. #1541    December 14, 2010   Wind Energy Facilities
Project #10-019   Ord. #1542    December 14, 2010   Cold Weather Shelters
Project #11-007   Ord. #1554    August 23, 2011     Up to 4 parcels per LLA
Project #11-021   Ord. #1556    October 25, 2011    Delete Performance Stds for Ag
                                                    Manufacturing (1500-8027)
Project #11-023   Ord. #1557    October 25, 2011    New EC zone established, ER
                                                    zone revised
Project #12-004   Ord. #1565    February 21, 2012   Remove large animal limitations
                                                    in ER zone




                                         2
                                          SUTTER COUNTY ZONING CODE

                    CHAPTER 15, SUTTER COUNTY ORDINANCE CODE

                                                          TABLE OF CONTENTS
List of Code Sections .........................................................................................................................           1

Adoption and Interpretation ..............................................................................................................                2

Amendment Procedure ......................................................................................................................                3

Appeals ...............................................................................................................................................   9

Designation of Districts ..................................................................................................................... 11

Establishment of Districts ................................................................................................................. 12

U-A Upland Agricultural District ....................................................................................................... 13

AP/APR Agriculture Preserve/Agriculture Preserve Residential .................................................. 16

A-2 Exclusive Agricultural District ................................................................................................... 19

AG General Agricultural District ....................................................................................................... 22

PR Park-Recreation District .............................................................................................................. 27

FPARC Food Processing, Agricultural and Recreational Combining District ............................. 29

RAN Ranchette District ...................................................................................................................... 34

ER Estate Residential ........................................................................................................................ 38

R-1 One-Family Residence District .................................................................................................. 41

R-2 Two-Family Residence District .................................................................................................. 44

R-3 Neighborhood Apartment District ............................................................................................. 47

R-4 General Apartment District ........................................................................................................ 51

CH Highway Service Commercial District ....................................................................................... 55

C-1 Neighborhood Commercial District ........................................................................................... 57

C-2 General Commercial District ...................................................................................................... 60

C-M Commercial-Industrial District .................................................................................................. 63

E-C Employment Corridor District ................................................................................................... 67

M-1 Light Industrial District ............................................................................................................... 76

M-2 General Industrial District .......................................................................................................... 80

                                                                               i
M-L Limited Manufacturing District .................................................................................................. 83

The Sutter Pointe Specific Plan Land Use and Development Code ............................................. 85

M-H-S Mobile Home Subdivision District ........................................................................................ 86

AV Airport District .............................................................................................................................. 89

P Public District .................................................................................................................................. 90

Sutter Buttes Overlay Zone ................................................................................................................ 92

A Agricultural Combining District .................................................................................................... 100

PD Combining Planned Development District ................................................................................ 102

B Special Building Site Combining District ..................................................................................... 105

Historic Preservation Combining District......................................................................................... 106

FP Special Flood Plain Combining District ..................................................................................... 112

General Provisions and Exceptions ................................................................................................. 113

    Public Right-of-Way Dedication and Improvements .................................................................. 117

    Keeping of Animals........................................................................................................................ 119

    Home Occupations ........................................................................................................................ 123

    Yards ............................................................................................................................................... 129

Parking and Loading Requirements ................................................................................................ 139

Use Permits ........................................................................................................................................ 150

Zoning Clearances ............................................................................................................................. 153

Variances ............................................................................................................................................ 154

Design Review .................................................................................................................................... 156

Nonconforming Uses ......................................................................................................................... 158

Water Efficient Landscape Requirements ....................................................................................... 160

Wind Energy Facilities and Siting .................................................................................................... 188

Signs .................................................................................................................................................... 192

Wireless Communication Facilities and Siting ............................................................................... 207

Enforcement ....................................................................................................................................... 212

Severability ......................................................................................................................................... 213

Definitions ........................................................................................................................................... 214
                                                                               ii
                                                                       Sutter County Zoning Code


                                   CHAPTER 15. ZONING
1500-110       Adoption of Sutter County Zoning Code -- Reference
1500-116       Interpretations of the Provisions of the Zoning Code
1500-210       Amendment Procedure
1500-310       Appeals
1500-410       Designation of District
1500-610       Establishment of District
1500-1010      U-A Upland Agricultural District
1500-1310      A-2 Exclusive Agricultural District
1500-1410      AG General Agricultural District
1500-1610      PR Park Recreation District
1500-1710      FPARC Food Processing, Agricultural and Recreational Combining District
1500-1810      RAN Ranchettes District
1500-1910      RE Residential Estate District
1500-2210      R-1 One Family Residence District
1500-2510      R-2 Two Family Residence District
1500-2810      R-3 Neighborhood Apartment District
1500-3110      R-4 General Apartment District
1500-3410      CH Highway Service Commercial District
1500-3710      C-1 Neighborhood Commercial District
1500-4010      C-2 General Commercial District
1500-4310      C-M Commercial Industrial District
1500-4610      M-1 Light Industrial District
1500-4910      M-2 General Industrial District
1500-5210      M-L Limited Manufacturing District
1500-5710      M-H-S Mobile Home Subdivision District
1500-5810      AV Airport District
1500-5910      P Public District
1500-6000      Sutter Buttes Overlay Zone
1500-6110      A Agricultural Combining District
1500-6310      PD Combining Planned Development District
1500-6410      B Special Building Site Combining District
1500-7910      FP Special Flood Plain Combining District
1500-8010      General Provisions and Exceptions
1500-8015      Public Improvements
1500-8017      Completion of Landscaping Requirements
1500-8022(i)   Landscaping
1500-8110      Parking and Loading Spaces
1500-8210      Use Permits
1500-8310      Zoning Clearances
1500-8410      Variances
1500-8510      Design Review
1500-8610      Nonconforming Uses
1500-9200      Wind Energy Facilities Siting
1500-9300      Water Efficient Landscape Requirements
1500-9410      Signs
1500-9510      Wireless Communication Facilities and Siting
1500-9610      Enforcement
1500-9710      Severability
1500-9810      Definitions



                                              1
                                                                             Sutter County Zoning Code


                               DIVISION 1
                      ADOPTION AND INTERPRETATION
1500-110        Adoption of the Sutter County Zoning Code -- Reference:

        There is hereby adopted a zoning enabling plan for the County of Sutter consisting of Chapters
1500 to 1598, inclusive, which shall be known as and cited as the Sutter County Zoning Code.

1500-112        Purpose:

        The Zoning Code is adopted to provide for the promotion and protection of the public health,
safety, peace, morals, comfort, convenience, and general welfare of the residents of Sutter County;
and:

        (a)    To implement the Sutter County General Plan, its goals, policies and objectives and to
guide the future growth of the County in accordance with said plan.

        (b)     To protect the character and the social and economic stability of agricultural,
residential, commercial, industrial, recreational, and other areas within the County, and to assure the
orderly and beneficial development of such areas.

1500-114        Liberal Interpretation:

        The Board of Supervisors hereby finds that agriculture is a major industry in the County, and
declares that the provisions of this Chapter shall be interpreted liberally as they affect valid
agricultural uses and that this chapter shall serve as a means of preventing undesirable
encroachments of other land uses upon agricultural lands. Other reasonable and desirable land uses
shall receive due consideration.

1500-116        Interpretations of the Provisions of the Zoning Code:

       Interpretation requests shall be made by written application in the form provided by the
Community Services Department and accompanied by a fee established by resolution of the Board of
Supervisors.

        The Planning Commission shall hold a public hearing on all written applications for
interpretations of the provisions of this chapter, and notice shall be given ten (10) days in advance of
such hearings by publication in a newspaper of general circulation.

1500-118        Entitlements Identified:

       This Chapter contains provisions regulating applications for the following:

               (1)      Change of zone
               (2)      Zoning code text change
               (3)      Planned development amendment
               (4)      Use permit
               (5)      Variance




                                                   2
                                                                                 Sutter County Zoning Code


                                   DIVISION 2
                              AMENDMENT PROCEDURE
1500-210        Amendment Procedure:

       Upon receipt of an application by one or more property owners or by action of the Board of
Supervisors or Planning Commission, proceedings may be initiated to amend this chapter.

       A property owner application shall be submitted in writing on a form as prescribed by the
Community Services Department, together with a filing fee as established by resolution of the Board of
Supervisors, for zone changes or for amendments to the text of the zoning code, development
agreements, and any required environmental document.

1500-211        New Petitions Following Denial:

         Following the denial of a rezoning petition or a petition to amend the Zoning Code, no petition
for the same rezoning on the same site or the same Zoning Code amendment shall be filed within six
(6) months from the date of the denial.

1500-213        Incomplete Applications:

        Any application for an amendment pursuant to this Chapter, which application remains
incomplete for six (6) months after the date that the applicant was first notified that the application was
incomplete, shall be considered void without further action by the County and processing of the
application shall be terminated. Fees paid for said terminated applications shall be refunded to the
applicant as prescribed by resolution of the Board of Supervisors.

1500-220        Notice of Hearing:

       Notice of all required public hearings shall be given in the manner provided by law. Additional
notice may be given when deemed advisable by the Planning Commission or Board of Supervisors.

1500-230        Zoning and Rezonings:

        Zonings and rezonings may be accomplished by an ordinance adopting sectional district maps
for a parcel or parcels of land. All such maps and other ordinances effecting a zoning or rezoning,
adopted before or after the effective date of Chapter 1500 ZONING of the Sutter County Ordinance
Code are incorporated by reference and made a part hereof. In the event of a conflict between
sectional district maps, or a conflict between a sectional district map and Sections 1500-260 through
1500-266, the latter in time shall prevail.

1500-260        County Areas Rezoned:

         The following described area, is hereby rezoned from A-1 District to R-1 District, subject to the
definitions and limitations contained in Sections 1500-2210 to 1500-2290 inclusive of this Chapter,
defining one-family residence districts:

         All that portion of that tract officially known as Beebe Acres, lying outside the city limits of the
city of Yuba City, from A-1 zone to R-1 zone.

        As used herein, Beebe Acres refers to that subdivision of that portion of Lot 7 of the J. C. Gray


                                                     3
                                                                                   Sutter County Zoning Code

tract as shown on that map or plat filed and recorded October 17, 1941 in Book 5 of Surveys, Page 94,
Sutter County Records. The portion of Beebe Acres that is not hereby rezoned and that lies inside the
city limits of Yuba City is hereby determined to be Lots 8, 10, 12, 13, 14, 15, 16, 17, 42, 43, 44, 45, 46, 47,
48, 49, and 50 as shown upon that map or plat to which reference has been made.

        All that real property in the County of Sutter, State of California, described as follows:

         Lots 10, 11, 12 as shown on that certain Map entitled “Plat of Subdivision Markley Tract No. 1"
filed in the office of the County Recorder of Sutter County, California, on April 8, 1904 in Book 1 of
Surveys, page 64.

        EXCEPTING THEREFROM all that portion of Lots 10 and 11 as shown on that certain Map
entitled “Plat Subdivision Markley Tract No. 1" on April 8, 1904 in Book 1 of Surveys, page 64,
described as follows:

         Commencing at the northeast corner of said Lot 10; and running thence Westerly along the
north line of said Lot 10, a distance of 210.0 feet to the point of beginning of the parcel hereby
described; thence Southerly and parallel to the easterly line of said Lot 10, a distance of 175.0 feet;
thence Westerly and parallel to the northerly line of said Lot 10, a distance of 200.0 feet; thence
Southerly and parallel to the easterly line of said Lot 10, a distance of 475.0 feet; thence Westerly and
parallel to the northerly line of said Lots 10 and 11, a distance of 214.0 feet; thence Northerly and
parallel to the easterly line of said Lot 11, a distance of 650.0 feet to a point on the northerly line of said
Lot 11; thence Easterly along the Northerly line of said Lots 11 and 10, a distance of 414.0 feet to the
point of beginning.

        ALSO EXCEPTING THEREFROM all that portion of Lot 12 as shown on that certain Map entitled
“Plat Subdivision Markley Tract No. 1" filed in the office of the County Recorder of Sutter County,
California, on April 8, 1904 in Book 1 of Surveys, page 64, described as follows:

         Beginning at the Northwest corner of Lot 12 of said Subdivision Markley Tract No. 1; thence
East along the North line of said Lot 12, a distance of 16.5 feet; thence South along a line to a point on
the south boundary line of said Lot 12, and which said point is distance 9.8 feet East of the Southwest
corner thereof; thence West along the South boundary line of said Lot 12, a distance of 9.8 feet to the
Southwest corner of said Lot 12; thence North along the West line of said Lot 12, a distance of 960.9
feet to the point of beginning.
                                                                         (Ord. 285,Sec. 1; Mar. 25, 1965)

1500-261         County Areas Rezoned:

         The following described area, is hereby rezoned from A-1 District to A-2 District, subject to the
definitions and limitations contained in Sections 1500-1310 to 1500-1390 inclusive of this Chapter,
defining exclusive agricultural districts.

       All of that portion of Lot 10 as shown on that certain Map entitled, “Plat of Subdivision Markley
Tract No. 1", filed in the office of the County Recorder of Sutter County, California, on April 8, 1904, in
Book 1 of Surveys, page 64 described as follows:

        BEGINNING at the Northwest corner of said Lot 10, and running thence Westerly along the
North line of said Lot 10, a distance of 210.0 feet; thence Southerly and parallel to the Easterly line of
said Lot 10 a distance or 175.0 feet to the true point of beginning; thence Westerly and parallel to the
Northerly line of said Lot 10 a distance of 200.0 feet; thence Southerly and parallel to the Easterly line
of said Lot 10 a distance of 279.43 feet; thence Easterly parallel to the Northerly line of said Lot 10 a


                                                      4
                                                                                Sutter County Zoning Code

distance of 13.08 feet; thence North parallel to the West line of said Lot 10 a distance of 209.43 feet;
thence East parallel to the North line of said Lot 10 a distance of 186.92 feet; thence North parallel to
the West line of said Lot 10 a distance of 70.0 feet to the true point of beginning.
                                                                        (Ord. 285, Sec. 1; Mar. 25, 1965)

1500-262        County Areas Rezoned:

         The following described area, is hereby rezoned from A-1 District to A-2 District, subject to the
definitions and limitations contained in Sections 1500-1310 to 1500-1390 inclusive of the Chapter,
defining exclusive agriculture districts.

        That certain real property situate in County of Sutter, State of California, in Sections 34 and 35,
T. 15 N., R. 2 E., and in Sections 1, 2, 3, 10 and 11, T. 14 N., R. 2 E., M.D.B. & M, being a tract of land
composed of the following parcels:

        In Township 15 North, Range 2 East, M.D.B. & M:

                The Southwest one-quarter of the Southeast one-quarter and the East one-half of the
                Southeast one-quarter of Section 34.

                The Southwest one-quarter of Section 35.

                The East one-half of the East one-half of said Section 35.

                The East one-half of the Southeast one-quarter of Section 36.

        In Township 14 North, Range 2 East:

                All of Section 1 with the exception of the NE one-quarter.

                All of Section 2 with the exception of the Northwest one-quarter.

                The East half of Section 3.

                The Northeast one-quarter of Section 10.

                The Northwest one-quarter of Section 11.
                                                                         (Ord. 289, Sec. 1; May 10, 1965)

1500-263        County Areas Rezoned:

         The following described area is hereby rezoned from A-1 District to R-2 District, subject to the
definitions and limitations contained in Sections 1500-2510 to 1500-2590 inclusive, of this Chapter,
defining two-family residence districts.

        Lots 1 through 20 inclusive of the Lytle-Woodworth Tract, being a subdivision of the East ½ of
the West ½ of the Southeast 1/4 of Section 14, Township 15 North, Range 2 East, M.D.M., located in
Sutter County, California.
                                                                    (Ord. 289, Sec. 1; May; 10, 1965)

1500-264        County Areas Rezoned:



                                                    5
                                                                                Sutter County Zoning Code

         The following described area is hereby rezoned from A-1 District to A-2 District, subject to the
definitions and limitations contained in Sections 1500-1310 to 1500-1390 inclusive of this Chapter,
defining exclusive agricultural districts:

      That portion of the following described parcel lying East of the present location of Garden
Highway:

         To find the point of beginning, commence at the quarter section corner between Sections 27
and 34, of Township 15 North, Range 3 East, Mount Diablo Base and Meridian; thence run South 89
03' East (Mag. Var. 18 East) along the County Road 1082.5 feet; thence North 88 33' East along said
County Road, 359.5 feet; thence South 14 43' West, along the fence on the easterly side of the
Southern Pacific Railroad right-of-way 659.6 feet; thence South 75 17' East, along a jog in said right-
of-way 25 feet; thence South 14 43' West, along the easterly line of said railroad right-of-way 314.5
feet; thence North 72 23' East, 1063.5 feet to a point in the easterly side of the County road known as
the River Road; thence along the easterly side of said River Road, south 14 39' East 543.5 feet; thence
South 18 24' East, 462 feet; thence South 3 34' West, 250.2 feet; thence South 31 28' West 479.4 feet;
thence South 3 55' West, 653.8 feet; thence South 8 45' East, 208.2 feet to a point in the easterly side
of said River Road which is the point of beginning for the land herein described. From said point of
beginning run thence North 73 40' East, 4071.2 feet to the west bank of the Feather River; thence
along said west bank South 1 53' West 676.9 feet; thence South 23 39' West, 391.7 feet; thence South
14 45' West, 240.6 feet; thence South 6 16' East, 330.6 feet; thence South 3 16' East, 69 feet; thence
leaving said west bank South 73 40' West 3459.2 feet to a point in said easterly side of the River Road;
thence along said easterly side of the River Road North 7 15' West, 245.4 feet; thence North 1 08'
West, 259' feet; thence North 12 40' West 568 feet; thence North 31 26' West, 407 feet; thence North 8
45' West, 90.6 feet to the point of beginning, being a portion of Lots 8 and 9 of Yuba City Tract.

       That portion of the following described parcel lying East of the present location of Garden
Highway and North of the North line of the Hauss property as established by agreement of record in
Book 412, Official Records, page 334:

         To find the point of beginning commence at the quarter section corner between Sections
Twenty-seven and Thirty-four of Township Fifteen North, Range Three East, Mount Diablo Meridian;
thence run S. 89 03' E. (Mag. Var. 18 E.) along the County road ten hundred eight-two and five tenths
feet; thence No. 88 31' E., along said County road three hundred fifty-nine and five tenths feet; thence
S. 14 43' W., along the fence on the easterly side of the Southern Pacific Railroad right of way six
hundred fifty nine and six tenths feet; thence S. 75 17' E. along a jog in said right of way twenty-five
feet; thence S. 14 43' W., along the easterly line of said railroad right of way three hundred fourteen
and five tenths feet; thence N. 72 23' E., ten hundred sixty three and five tenths feet to a point in the
easterly side of the County Road known as the River Road; thence along the easterly side of said River
Road S. 14 38' E., five hundred forty three and five tenths feet; thence S. 18 24' E., four hundred and
sixty-two feet; thence S. 3 34' W., two hundred fifty and two tenths feet; thence S. 31 28' W., 479.4
feet; thence S. 3 55' W., 653.8 feet; thence S. 8 45' E., two hundred ninety eight and eight tenths feet;
thence S. 31 26' E., four hundred and seven feet; thence S. 12 40' E., five hundred and sixty-eight
feet; thence S. 1 08' E., two hundred and fifty nine feet; thence S. 7 15' E., two hundred forty-five and
four tenths feet to a point in the easterly side of said River Road which is the point of beginning for the
land herein described; From said point of beginning run thence N. 73 40' E., thirty four hundred fifty-
nine and two tenths feet to the west bank of the Feather River; thence along said West bank S. 3 16'
E., three hundred and six feet; thence S. 24 51 E., four hundred and seventy-five feet; thence S. 11 55'
E., six hundred nine and two tenths feet; thence leaving said west bank S. 33 39' E., six hundred
seventy-seven and six tenths feet to a point in the southerly toe of a certain levee; thence along said
toe of levee S. 62 30' W., ten hundred thirty-nine and eight tenths feet; thence S. 64 33' W., five

                                                    6
                                                                                Sutter County Zoning Code

hundred and twenty-four feet; thence S. 84 53' W., seven hundred and fifty-five feet; thence S. 83 00'
W., four hundred forty-three and four tenths feet; thence N. 80 35' W., two hundred and sixty-six feet
to a point in the easterly side of the said River Road; thence along the easterly side of said River Road;
N. 64 26' W., four hundred thirty seven and seven tenths feet; thence N. 44 11' W., two hundred
ninety-five and three tenths feet; thence N. 34 43' W., eight hundred and thirty-three feet thence N. 15
45' W., two hundred twenty-four and four tenths feet; thence N. 7 15' W., four hundred nine and two
tenths feet to the pint of beginning, containing an area of 147.49 acres, being a portion of lots nine and
ten of Yuba City Tract.
                                                                        (Ord. 292, Sec. 1; June 14, 1965)

1500-265        County Areas Rezoned:

         The following described area is hereby rezoned from A-1 District to C-M District, subject to the
definitions and limitations contained in Sections 1500-4310 to 1500-4390 inclusive of this Chapter,
defining Commercial-Industrial District.

         All that portion of Lot 10 as shown on that certain Map entitled “Map of Subdivision of the West
half of the Whyler Estate” filed in the office of the County Recorder of Sutter County, California, on
January 6, 1902 in Book 1 of Surveys, page 21, more particularly described as follows:

         Beginning at a point from which point the Northeasterly corner of said Lot 10 bears North 88
44' East, a distance of 57.37 feet, South 4 39' 49" East, a distance of 18.60 feet and South 2 09' 30"
East, a distance of 61.40 feet, said point being on the Westerly line of the real property described in the
Deed to the State of California, dated June 19, 1952 and recorded October 11, 1952 in Book 380 of
Official Records, at page 23; from said point of beginning, run thence along the Westerly line of State
Highway South 2 09' 30" East, a distance of 93.91 feet to a point on the line dividing said Lot 10 into
Northerly and Southerly halves; thence South 88 44' West, along said line dividing lot 10 into
Northerly and Southerly halves, a distance of 208.23 feet; thence at right angle North 1 16' West, a
distance of 93.91 feet; thence North 88 44' East, a distance of 206.23 feet to a point of beginning.

       TOGETHER WITH a non-exclusive easement and right of way for roadway and public utilities
use over a strip of land in the uniform width of 32 feet lying 16 feet on each side of the South line of the
land described in the Deed from Earl R. Huffmaster to Jessee A. Hacker, et ux, dated January 2, 1959
and recorded January 30, 1959 in Book 303 of Sutter County Official Records at page 430.
                                                                          (Ord. 298, Sec. 1; Oct. 18, 1965)

1500-266        County Areas Rezoned:

         The following described area is hereby rezoned from A-1 District to C-M District, subject to the
definitions and limitations contained in Sections 1500-4310 to 1500-4390 inclusive of this Chapter,
defining Commercial-Industrial Districts.

        All that certain real property situate in the County of Sutter, State of California, more
particularly described as follows, to wit:

        Beginning at a point on the Northerly line of said Lot 10, from which point the Northeasterly
corner of said Lot 10, bears North 88 44' East, a distance of 57.37 feet, and said point being on the
Westerly line of the real property described in the Deed to the State of California, dated June 19, 1952,
and recorded October 11, 1952, in Book 380 of Official Records, at Page 23; from said point of
beginning, run thence along the Westerly line of State Highway South 4 39' 49" East, a distance of
18.60 feet; thence South 2 09' 30" East a distance of 61.40 feet; thence South 88 44' West, a distance
of 238.23 feet, thence at right angle North 1 16' West, a distance of 80.0 feet to a point on the Northerly

                                                     7
                                                                             Sutter County Zoning Code

line of said Lot 10; thence North 88 44' East, a distance of 234.71 feet to the point of beginning.
                                                                       (Ord. 298, Sec. 1; Oct. 18, 1965)




                                                   8
                                                                             Sutter County Zoning Code


                                          DIVISION 3
                                          APPEALS

1500-310       Appeals:

Decisions of the Community Services Director and the Planning Commission may be appealed by an
applicant or any aggrieved person. A person includes, but is not limited to, a county officer, as
defined by California Government Code section 24000.

        (a)      Appeal from any finding or action by the Community Services Director shall be made in
writing to the Planning Commission and filed with the Community Services Department within ten (10)
days of the date of the action by the Community Services Director. If the tenth day falls on a Saturday
or Sunday, then Saturday and Sunday will be considered holidays and the appeal may be filed on the
immediately following business day.

       (b)      Appeal from any finding or action by the Planning Commission or Historic Preservation
Review Committee shall be made in writing to the Board of Supervisors and filed with the County
Clerk within ten (10) days of the date of the action by the Planning Commission or Historic
Preservation Review Committee. If the tenth day falls on a Saturday or Sunday, then Saturday and
Sunday will be considered holidays and the appeal may be filed on the immediately following business
day.

The request for an appeal shall be accompanied by a fee as established by resolution of the Board of
Supervisors.


1500-312       General Procedure:

(a).    The appellate body shall hold a public hearing within sixty (60) days after the filing of an
appeal unless circumstances beyond the control of the County do not allow such hearing. Notice
shall be given through the United States mail. Notices shall be mailed to the appellant and all
affected property owners; and when required by law or ordinance, to the owners of all property
within 400 feet of the exterior boundary of the area being considered. The notices mentioned
herein shall be mailed at least ten (10) days prior to the date of such hearing. Notices may also be
given by such other means as the appellate body deems necessary.

        (b)    If the appeal is from a decision by the Community Services Director, the Secretary
of the Planning Commission shall, within five (5) days of such filing, give written notice thereof to
the Community Services Director.

        (c)      If the appeal is from a decision by the Planning Commission, the County Clerk shall
within five (5) days of such filing, give written notice thereof to the Secretary of the Planning
Commission.

       (d)     Upon receipt of such notice of appeal, and not less than five (5) days prior to public
hearing by the appellate body, the Community Services Director or Secretary of the Planning
Commission shall submit a written report to the appellate body on the action appealed.

       (e)     The appellate body shall hold a public hearing on the appealed action. At the
hearing the appellate body may consider the entire action and not just the specific issue appealed
and the appellate body may consider de novo the record and any additional evidence offered.



                                                  9
                                                                              Sutter County Zoning Code

       (f)      Following such hearing, the appellate body may confirm, modify, or reverse the action
appealed and any other action or issue involved in the application or proceeding as it deems
appropriate, including but not limited to the issuance of a permit. If the appellate body is the Board of
Supervisors, such action shall be final.




                                                   10
                                                                              Sutter County Zoning Code


                                  DIVISION 4
                           DESIGNATION OF DISTRICTS

1500-410        Designation of Districts:

        The classes of general or base zoning districts and corresponding map symbols, which apply
to the unincorporated area of the county, are established and designated as follows:

Map          Zoning                                         Corresponding Consistent
Symbol       District                                   General Plan Land Use Designation
UA     Upland Agricultural District                     Agriculture (AG-80); Open Space
A-2    Exclusive Agricultural District                  Agriculture (AG) (20, 80); Open Space
AG     General Agricultural District                    Agriculture (AG) (20, 80); Open Space;
                                                        Agriculture Rural Communities (AG-RC)
PR    Park-Recreation District                          Park and Recreation (PR)
FPARC Food Processing, Agricultural                     FPARC
        and Recreation Combining District
RAN   Ranchette District                         Ranchette (RAN)
RE    Residential Estates District               Estates Residential (ER);
                                                 Low Density Residential (LDR)
R-1   One-family Residence District       Estates Residential (ER)
                                                 Low Density Residential (LDR)
R-2   Two-family Residence District              Low Density Residential (LDR)
R-3   Neighborhood Apartment District            Medium Density Residential (MDR)
R-4   General Apartment District                 High Density Residential (HDR)
C-H   Highway Service Commercial District        Commercial (COM)
C-1   Neighborhood Commercial District           Commercial (COM)
C-2   General Commercial District                Commercial (COM)
C-M   Commercial-Industrial District             Commercial (COM); Industrial (IND)
M-1   Light Industrial District                  Industrial (IND)
M-2   General Industrial District                Industrial (IND)
M-L   Limited Manufacturing District             Industrial (IND)
SSCC South Sutter County Commercial              South Sutter County
        District                                 Industrial Commercial Reserve
SSCI South Sutter County Industrial              South Sutter County
        District                                 Industrial Commercial Reserve
M-H-S Mobile home Subdivision District           Low Density Residential (LDR)
AV    Airport District                           Industrial (IND)
P     Public District                            All Land Use Designations


         In addition to the foregoing classes of general or base districts, certain special combining
districts are established to further the goals of the general plan by adding additional uses or standards
to the base districts, and are designated as follows:

        PD              Combining Planned Development District
        A               Agricultural Combining District
        B               Special Building Site District
        FP              Special Flood Plain District




                                                   11
                                                                             Sutter County Zoning Code


                               DIVISION 6
                       ESTABLISHMENT OF DISTRICTS

1500-610       Establishment of Districts:

       The classes of districts designated in Section 1500-410 and certain combinations thereof and
the regulations pertaining to them may be applied to land areas by amendment of this Chapter.

1500-612       Rules Where Uncertainty as to Boundaries Exists:

       Where uncertainty exists as to the boundaries of any district shown on the sectional district
zoning maps, the following rules shall apply:

        (a)    Where boundaries are shown to approximately follow property, street, or alley lines,
such lines shall be construed to be the boundaries.

       (b)    In unsubdivided property and where a district boundary intersects a lot, the location of
any such boundary, unless the same is indicated by dimensions, shall be determined by the use of the
scale appearing on such sectional district zoning maps.

        (c)    In the event the boundaries cannot be established pursuant to subdivisions (a) or (b),
the Planning Commission, upon written application or upon its own motion, shall determine the
location of such boundaries.

       (d)     A symbol indicating the classification of property on the zoning maps shall in each
instance apply to the whole of the area within the district boundaries.

        (e)    Where a public street, alley or parcel of land is officially vacated or abandoned, the
regulations applicable to abutting properties shall apply equally to such vacated or abandoned street
or alley.

1500-614       Regulations are Minimum:

       Unless otherwise stated, the provisions of this chapter shall be the minimum requirements for
the promotion and protection of the public safety, health, general welfare, peace, and morals.

1500-616       Relationship to Other Regulations and to Private Restrictions:

       (a)     In the event of an inconsistency between this chapter and any duly adopted building
code or other county ordinance, the more restrictive of such provisions shall apply.

       (b)    It is not intended that this Chapter shall interfere with, or abrogate or annul, any
easements, covenants or other agreements now in effect, provided however, that where this Chapter
imposes greater restrictions than are imposed or required by other ordinances, rules or regulations, or
by easements, covenants, or agreements, the provisions of this Chapter shall apply.




                                                  12
                                                                                Sutter County Zoning Code


                            DIVISION 10
                 UPLAND AGRICULTURAL DISTRICT (UA)

1500-1010       Purpose:

        This district classification is intended to be applied in the mountainous and foothill areas of the
County in which light agriculture and grazing are desirable predominant uses, and in which protection
of the uplands from fire, pollution, erosion, and other detrimental effects is important to the general
welfare. This district is consistent with the AG 80 General Plan land use designation.

1500-1012       Uses Permitted:



                                                                  Zoning         Use          Specific
                     Uses                          Permitted     Clearance      Permit       Standards

 Accessory buildings and uses                            X

 Communication or utility substation, gas
 storage and transmission lines, generating
 plants for local service                                                          X

 Conversion of agricultural land to
 permanent wildlife habitat, or other habitat,
 with approval of a development agreement                X

 Crop and tree farming, grazing, animal
 husbandry, wholesale nurseries,
 greenhouses for the propagation of plants
 and non-commercial processing and
 packing                                                 X

 Farm labor family housing projects when
 funded by federal, state, or local trust fund
 sources and when managed by a private,
 non-profit corporation or the consolidated
 Housing Authority of Sutter County, farm
 labor camps and secondary, temporary
 mobile homes for farm labor housing
 units, any of which uses exceed the
 allowed residences unit density as
 specified by the General Plan                                                     X

                                                                                             Sec. 1500-
 Garage/yard sales                                       X                                     8016A

                                                                                             Sec. 1500-
                                                                      X                     8018(h)(2-7)
 Gas and Oil Well Drilling and Production                                                    and 1500-
                                                                                   X         8018(f)(2)




                                                    13
                                                                     Sutter County Zoning Code


                                                          Zoning      Use         Specific
                   Uses                      Permitted   Clearance   Permit      Standards

                                                                                 Sec. 1500-
                                                                                8018(e)(2) &
Home Occupations                                            X           X        8018(f)(1)

                                                                                 Sec. 1500-
Hunting clubs with accessory buildings                      X                      8014

                                                                                 Sec. 1500-
Large family day care home                                  X                     8013(b)

                                                Not                              Sec. 1500-
Medical Marijuana Dispensaries               Permitted                            8033 &
                                                                                1500-9868D

                                                                                 Sec.1500-
                                                                                8026. Not to
                                                                                exceed Gen.
Mobile homes – primary                            X                             Plan density

                                                                                 Sec. 1500-
                                                                                8012 & 8026
                                                                                & Sec. 1500-
Mobile homes – secondary                                    X           X        8018(e)(1)

Non-commercial maintenance, storage and
repair of agricultural equipment where
such activity is carried on in conjunction
with a bona fide agricultural operation.          X

                                                                                   Not to
One-family residences for property owners                                       exceed Gen.
and agricultural employees.                       X                             Plan density

Public and quasi-public agriculturally
related buildings and uses                                              X

Residential Care Home                             X

Shooting ranges                                                         X

                                                                                 Sec. 1500-
Small family day care home                        X                               8013(a)

Wireless communication facilities                           X           X       Division 95

Wind energy facilities                                      X           X       Division 93




                                             14
                                                                 Sutter County Zoning Code




1500-1014    Development Standards:


 Minimum Lot Size                     80 acres

                                      25 feet from the edge of the right-of-way; but if,
                                      the distance from the center line to the edge of
                                      the right-of-way is less than 25 feet, the setback
 Minimum Front Yard                   shall be 50 feet from the centerline.

 Minimum Side Yard                    10 feet

 Minimum Rear Yard                    25 feet

 Maximum Building Coverage            10% of the lot

                                      35 feet for residential structures and 50 feet for
                                      agricultural buildings except as provided in Sec.
 Maximum Building Height              1500-8024.

 Public Road Frontage                 See “Lot” definition in Section 1500-9868.




                                      15
                                                                               Sutter County Zoning Code


                     DIVISION 12
       AGRICULTURAL PRESERVE RESIDENTIAL AND
     AGRICULTURAL PRESERVE DISTRICTS (APR AND AP)
1500-1210       Purpose:

        This district classification, comprised of two “categories” (APR and AP), is intended to be
applied to subdivision requests of agriculturally zoned land that propose parcels for residential use
that are less than the minimum designated parcel size while still meeting overall General Plan density
requirements for the subject parcel. The district allows residential density permitted by the agricultural
designation at the time of the subdivision to be clustered onto small residential lots provided that a
large agricultural “preserve” parcel with a limited number of permitted agricultural uses is retained.
The residential parcels shall have the APR classification while the AP classification will be placed on
the agricultural preserve parcel. It is intended that the residential parcels will not adversely affect
surrounding agricultural operations. This district is consistent with the Agricultural Preserve (AP)
General Plan land use designation.

1500-1212       Uses Permitted:


Agricultural Preserve Residential (APR)


                                                                 Zoning          Use         Specific
 Uses                                             Permitted     Clearance       Permit      Standards

                                                                                            Sec. 1500-
 Accessory buildings and uses                           X                                    8022(h)

                                                     Not                                    Sec. 1500-
 Medical Marijuana Dispensaries                   Permitted                                  8033 &
                                                                     X                     1500-9868D
                                                                                            Sec. 1500-
 Mobile home – primary                                  X                                     8028

 One family residence                                   X

 Wind energy facilities                                              X            X        Division 93


Agricultural Preserve (AP)


                                                                 Zoning          Use         Specific
 Uses                                             Permitted     Clearance       Permit      Standards

 Agricultural accessory buildings                       X
 Crop and tree farming                                  X

 Grazing                                                X

                                                     Not                                    Sec. 1500-
 Medical Marijuana Dispensaries                   Permitted                                  8033 &
                                                                                           1500-9868D


                                                   16
                                                                          Sutter County Zoning Code


                                                              Zoning        Use         Specific
 Uses                                          Permitted     Clearance     Permit      Standards

 Wind energy facilities                                         X            X        Division 93

1500-1214      Development Standards:


Agricultural Preserve Residential (APR)


                                               As determined by the requirements of the
 Minimum Lot Size                              Environmental Health Division

 Maximum Lot Size                              2 acres (1)

 Minimum Lot Width                             150 feet

 Maximum Building Coverage                     15%

 Minimum Front Yard                            30 feet

 Minimum Side Yard
                                               10 feet

 Minimum Rear Yard                             30 feet

 Maximum Building Height                       35 feet except as provided in Sec. 1500-8024

 Public Improvements                           Sec. 1500-8015

 Public Road Frontage                          See “Lot” definition in Section 1500-9868.



Agricultural Preserve (AP)


 Minimum Lot Size                              20 or 80 acres (2)

 Minimum Lot Width                             60 feet

                                               25 feet from the edge of the right-of-way; but if,
                                               the distance from the center line to the edge of
                                               the right-of-way is less than 25 feet, the setback
 Minimum Front Yard                            shall be 50 feet from the center line.

 Minimum Side Yard                             10 feet

 Minimum Rear Yard                             25 feet

 Maximum Building Height                       50 feet except as provided in Sec. 1500-8024

 Public Road Frontage                          See “Lot” definition in Section 1500-9868.

(1)     Within this classification, a residential parcel shall not exceed 2 acres, unless the
Environmental Health Division grants a waiver for sewage disposal, in which case the parcel may
be allowed for up to 5 acres. If a waiver is granted, the parcel shall be the minimum size that is
necessary to satisfy Environmental Health requirements. Each residential parcel must meet on-site

                                               17
                                                                            Sutter County Zoning Code

requirements for soil depth, texture, classification, and MUSDA sizing requirements as per Sutter
County on-site wastewater disposal requirements.

(2)     It is intended that the agricultural preserve parcel will be as large as possible to promote
the continued agricultural use of the parcel. At a minimum, the lot size for the agricultural preserve
parcel shall meet the minimum size designated by the General Plan at the time of subdivision.

1500-1216      Application Process:

(a)    General Plan Amendment and Rezoning applications must be processed concurrently with any
       tentative parcel or subdivision map applications.

(b)    The following criteria shall be used in reviewing a request for this zoning:

       (1)     The number of residential parcels allowed to be created shall not exceed the total
               density permitted by the existing General Plan agricultural land use designation (i.e.
               one residence per 20 or 80 acres).

       (2)     This zone district should only be considered in cases where, under the existing
               development standards of the subject property, the property owner would be able to
               divide to the desired number of residential lots without approval of a variance.

       (3)     The remaining acreage not used for residential parcels shall be contained in one
               agricultural preserve parcel. Permitted uses on the preserve parcel shall be limited to
               crop and tree farming, grazing of farm animals, and agricultural accessory buildings.
               Residences and buildings requiring use of a septic system shall be prohibited on the
               preserve parcel.

       (4)     The residential parcels shall all be clustered together to minimize the area removed
               from agricultural production. A residential exclusion area and vegetative buffer
               shall be provided on the residential parcels to help buffer the residences from
               adjacent agricultural uses.

       (5)     The proposed residential parcels shall not adversely affect surrounding agricultural
               operations and the project shall be consistent with General Plan Goal 1.C.

       (6)     Residential development rights for the preserve parcel shall be required to be
               conveyed to the County through a recorded development rights agreement. The
               development rights shall only be returned through approval of a General Plan
               Amendment and Rezoning for the subject parcel and a unanimous vote by the
               Board of Supervisors to return the development rights.

       (7)     The proposed parcels (residential and preserve) created through this zone district
               shall be served by existing County maintained roads. No new roads shall be
               created to serve the proposed parcels.




                                                 18
                                                                                 Sutter County Zoning Code


                           DIVISION 13
               EXCLUSIVE AGRICULTURAL DISTRICT (A-2)
1500-1310       Purpose:

       This district classification is intended to be applied in the fertile valley and foothill areas of the
County in which intensive agriculture is and should continue to be the predominant land use, and in
which the protection of this use is important to the general welfare. This district is consistent with the
AG-20 or AG-80 General Plan land use designation.

1500-1312       Uses Permitted:



                                                                  Zoning         Use         Specific
 Uses                                              Permitted      Clearance      Permit      Standards

 Accessory buildings and uses                             X

 Commercial agricultural processing plants                                           X

 Communication or utility substation, gas
 storage and transmission lines, generating
 plants for local service                                                            X

 Crop and tree farming, grazing, animal
 husbandry, wholesale nurseries,
 greenhouses for the propagation of plants
 and non-commercial processing and
 packing                                                  X

 Day care center                                                                     X

 Farm labor family housing projects when
 funded by federal, state, or local trust fund
 sources and when managed by a private,
 non-profit corporation or the consolidated
 Housing Authority of Sutter County, farm
 labor camps and secondary, temporary
 mobile homes for farm labor housing
 units, any of which uses exceed the
 allowed residences unit density as
 specified by the General Plan                                                       X

 Feed yards                                                                          X

                                                                                               Sec.1500-
 Garage/yard sales                                        X                                     8016A

                                                                                               Sec. 1500-
                                                                       X                      8018(h)(2-7)
 Gas and Oil Well Drilling and Production                                                      and 1500-
                                                                                     X         8018(f)(2)




                                                     19
                                                                     Sutter County Zoning Code


                                                         Zoning      Use       Specific
Uses                                         Permitted   Clearance   Permit    Standards

                                                                                 Sec. 1500-
                                                                                8018(e)(2) &
Home occupations                                             X          X        8018(f)(1)

                                                                                 Sec. 1500-
Hunting clubs with accessory buildings                       X                     8014

                                                                                 Sec. 1500-
Large family day care home                                   X                    8013(b)

                                                Not                              Sec. 1500-
Medical Marijuana Dispensaries               Permitted                            8033 &
                                                                                1500-9868D

                                                                                 Sec.1500-
                                                                                8026. Not to
                                                                                exceed Gen.
Mobile homes - primary                             X                            Plan density

                                                                                 Sec. 1500-
                                                                                8012 & 8026
                                                                                & Sec. 1500-
Mobile homes - secondary                                     X          X        8018(e)(1)

Non-commercial maintenance, storage and
repair of agricultural equipment where
such activity is carried on in conjunction
with a bona fide agricultural operation            X

Shooting ranges                                                         X

                                                                                   Not to
                                                                                   exceed
One-family residences for property owners                                         General
and agricultural employees                         X                            Plan density

Public and quasi-public agriculturally
related buildings and uses                                              X

Residential Care Home                              X

Schools                                                                 X

                                                                                 Sec. 1500-
Small family day care home                         X                              8013(a)

Veterinary clinics and hospitals for farm
animals                                                                 X

Wireless communication facilities                            X          X       Division 95

Wind energy facilities                                       X          X       Division 93



                                              20
                                                                            Sutter County Zoning Code



1500-1314      Development Standards:


 Minimum Lot Size                                20, 40 or 80 acres (1)

 Minimum Lot Width                               200 feet

 Maximum Building Coverage                       10% of the lot

                                                 25 feet from the edge of the right-of-way; but, if
                                                 the distance from the center line to the edge of
                                                 the right-of-way is less than 25 feet, the setback
 Minimum Front Yard                              shall be 50 feet from the center line.

 Minimum Side Yard                               10 feet

 Minimum Rear Yard                               25 feet

                                                 35 feet for residential buildings and 50 feet for
                                                 agricultural buildings except as provided in Sec.
 Maximum Building Height                         1500-8024.

 Public Road Frontage                            See “Lot” definition in Section 1500-9868.

(1)    Minimum lot sizes shall be determined by the overlaying General Plan land use
designation. Smaller lot sizes may be approved by tentative map or lot line adjustment which:

            (A) Is in conformance with the Sutter County General Plan for homesites. In such
            instances, homesite parcels, as permitted in Policy AG 1.8, shall not exceed 3 acres,
            unless the Environmental Health program grants a waiver for sewage disposal, in which
            case the parcel may be allowed for up to 5 acres. Remainder parcels shall meet the
            minimum parcel size for the agricultural land use designation.

            (B) Is in conformance with the Sutter County General Plan; or

            (C) Is necessary to comply with the requirements of the Environmental Health, Zoning or
            Building Code regulations for the maintenance or expansion of existing improvements; or

            (D) Is an adjustment between no more than four adjoining lots, all of which are improved
            or capable of being improved for residential use pursuant to County ordinances, provided
            that all necessary rights-of-way, street and drainage improvements are provided as
            required by the Public Works Department. If adjusting between conforming and non-
            conforming parcels, the larger parcels shall maintain conformance with the General Plan
            parcel size requirements and the smaller parcels shall become larger.




                                                 21
                                                                             Sutter County Zoning Code


                          DIVISION 14
               GENERAL AGRICULTURAL DISTRICT (AG)

1500-1410      Purpose and Intent:

        The AG District is established to provide areas for general farming, low density uses, open
spaces, and by use permit limited retail service uses which in the opinion of the Planning Commission
support the local agricultural industry. It is intended that this classification may be applied to rural
communities where the predominance of land use is of a general agricultural nature, however, the
needs of the agricultural community may require the location of retail, commercial and service
establishments. This district is consistent with the AG-20 or AG-80 and AG-RC General Plan land use
designations.

1500-1412       Uses Permitted:



                                                                Zoning         Use         Specific
 Uses                                            Permitted     Clearance      Permit      Standards

                                                                                          Sec. 1500-
 Accessory buildings and uses                          X                                   8022(h)

 Agricultural Manufacturing                                                      X

 Agricultural Processing Plant                         X

 Apiaries and honey extraction plants                  X

 Canneries                                                                       X

 Cemeteries                                                                      X

 Churches                                                                        X

                                                                                          Sec. 1500-
 Cold weather shelter at an existing church                         X                     8018(e)(6)

 Commercial agricultural processing plants                                       X

 Commercial excavation of natural
 materials and activities related to an                                                  Chapter 290
 approved, adjacent mining operation, shall                                               Sutter Co.
 obtain approval of a use permit                                                 X        Ord. Code

                                                                                          Sec. 1500-
 Commercial kennels                                                              X          9865

 Commercial stables and riding academies                                         X

 Commercial warehouses for storage of
 grain and other farm products                                                   X




                                                  22
                                                                        Sutter County Zoning Code


                                                             Zoning      Use         Specific
Uses                                            Permitted   Clearance   Permit      Standards

Communication or utility substation, gas
storage and transmission lines, generating
plants for local service                                                   X
Conversion of agricultural land to
permanent wildlife habitat, or other habitat,
with approval of a development agreement             X

Crop and tree farming, grazing, animal
husbandry, wholesale nurseries and
greenhouses for the propagation of plants
only                                                 X

Day Care Center                                                            X

Farm labor family housing projects when
funded by federal, state, or local trust fund
sources and when managed by a private,
non-profit corporation or the consolidated
Housing Authority of Sutter County, farm
labor camps and secondary, temporary
mobile homes for farm labor housing
units, any of which uses exceed the
allowed residences unit density as
specified by the General Plan                                              X

Feed yards                                                                 X

                                                                                    Sec. 1500-
Garage/yard sales                                    X                                8016A

                                                                                    Sec. 1500-
                                                                                   8018(h)(2-7)
Gas and Oil Well Drilling and Production                                            and 1500-
                                                               X           X        8018(f)(2)

                                                                                    Sec. 1500-
                                                                                   8018(e)(2) &
Home occupations                                               X           X        8018(f)(1)

                                                                                    Sec. 1500-
Hunting clubs with accessory buildings                         X                      8014




                                                23
                                                                        Sutter County Zoning Code


                                                             Zoning      Use         Specific
Uses                                            Permitted   Clearance   Permit      Standards

Land leveling contracting, contract
harvesting and agricultural services where
the occupation is incidental and secondary
to the use of the land for farming
purposes. Non-commercial harvesting,
curing, processing, packaging, packing,
shipping and selling of agricultural
products grown on the premises or where
such activity is carried on in conjunction
with or as a part of a bona fide agricultural
operation                                            X

                                                                                    Sec. 1500-
Large family day care home                                     X                     8013(b)

Non-commercial maintenance, storage and
repair of agricultural equipment where
such activity is carried on in conjunction
with a bona fide agricultural operation              X

                                                   Not                              Sec. 1500-
Medical Marijuana Dispensaries                  Permitted                            8033 &
                                                                                   1500-9868D

                                                                                    Sec. 1500-
                                                                                   8026. Not to
                                                                                   exceed Gen.
Mobile homes – primary                               X                             Plan density

                                                                                    Sec. 1500-
                                                                                   8012 & 8026
                                                                                   & Sec. 1500-
Mobile homes – secondary                                       X           X        8018(e)(1)

Public and quasi-public agriculturally
related buildings and uses                                                 X

Repair, servicing and storage of
agricultural equipment as a commercial
service to other agricultural operators                                    X

Residential Care Home                                X

Retail commercial and service
establishments permitted in the C-1
Neighborhood Commercial District that are
primarily agriculturally related or
supportive                                                                 X

Retail wood yards                                                          X

Sale, auction and storage of farm supplies,
animals, products and equipment                                            X



                                                24
                                                                         Sutter County Zoning Code


                                                            Zoning        Use         Specific
 Uses                                         Permitted    Clearance     Permit      Standards

 Sale, auction of farmers’ own equipment                                             Sec. 1500-
 and/or animals (temporary)                                     X                    8018(e)(4)

 Schools                                                                    X

 Shooting ranges                                                            X

 Slaughterhouses                                                            X

                                                                                       Not to
 One family residences for property owners                                          exceed Gen.
 and agricultural employees                        X                                Plan density

                                                                                     Sec. 1500-
 Small family day care home                        X                                  8013(a)

 Truck yards, terminals and facilities
 devoted exclusively to the transportation
 of agricultural products, supplies and
 equipment including necessary
 maintenance, storage, repair and
 servicing of equipment                                                     X

 Veterinary clinics and hospitals for farm
 animals                                                                    X

 Wayside stands for the display and sale of
 agricultural products produced on the
 immediate property on which the stand is
 located                                           X

 Retail nurseries, weighing and grading
 stations                                                                   X

 Wireless communication facilities                              X           X        Division 95

 Wind energy facilities                                         X           X        Division 93


1500-1414      Development Standards:


 Minimum Lot Size                             20, 40 or 80 acres (1)

 Minimum Lot Width                            60 feet

                                              25 feet from the edge of the right-of-way; but if,
                                              the distance from the center line to the edge of
                                              the right-of-way is less than 25 feet, the setback
                                              shall be 50 feet from the center line, except that
                                              adjacent to the Yuba City Sphere of Influence, a
                                              55 feet setback from the right-of-way line shall be
 Minimum Front Yard                           maintained along the north side of Pease Road.



                                              25
                                                                           Sutter County Zoning Code

 Minimum Side Yard                             10 feet, except that adjacent to the Yuba City
                                               Sphere of Influence, a 55 feet setback from the
                                               right-of-way line shall be maintained along the
                                               north side of Pease Road.

                                               25 feet, except that adjacent to the Yuba City
                                               Sphere of Influence, a 55 feet setback from the
                                               right-of-way line shall be maintained along the
 Minimum Rear Yard                             north side of Pease Road.
                                               35 feet for residential buildings and 50 feet for
                                               agricultural buildings except as provided in Sec.
 Maximum Building Height                       1500-8024.

 Public Road Frontage                          See “Lot” definition in Section 1500-9868.

(1)    Minimum lot sizes shall be determined by the overlaying General Plan land use
designation. Smaller lot sizes may be approved by tentative map or lot line adjustment which:

           (A Is in conformance with the Sutter County General Plan for homesites. In such
           instances, homesite parcels, as permitted in Policy AG 1.8, shall not exceed 3 acres,
           unless the Environmental Health program grants a waiver for sewage disposal, in which
           case the parcel may be allowed for up to 5 acres. Remainder parcels shall meet the
           minimum parcel size for the agricultural land use designation.

           (B) Is in conformance with the Sutter County General Plan; or

           (C) Is necessary to comply with the requirements of the Environmental Health, Zoning or
           Building Code regulations for the maintenance or expansion of existing improvements; or

           (D) Is an adjustment between no more than four adjoining lots, improved or capable of
           being improved for residential use pursuant to County ordinances, provided that all
           necessary rights-of-way, street and drainage improvements are provided as required by
           the Public Works Department. If adjusting between conforming and non-conforming
           parcels, the larger parcels shall maintain conformance with the General Plan parcel size
           requirements and the smaller parcels shall become larger.




                                                26
                                                                               Sutter County Zoning Code


                              DIVISION 16
                      PARK-RECREATION DISTRICT (PR)

1500-1610       Purpose:

        This district classification is intended to be applied in mountainous, river bank, lake shore and
other such areas as may contain natural resources or potential park or recreation features, in which
agriculture may be a desirable secondary use, and in which protection for such uses is in the public
interest. This district is consistent with the Park and Recreation and Open Space General Plan land
use designations.

1500-1612       Uses Permitted:



                                                                 Zoning         Use         Specific
 Uses                                             Permitted     Clearance      Permit      Standards

 Accessory buildings and uses                         X

 Crop and tree farming, grazing, animal
 husbandry, nurseries and greenhouses for
 the propagation of plants                            X

                                                     Not                                   Sec. 1500-
 Medical Marijuana Dispensaries                   Permitted                                 8033 &
                                                                                          1500-9868D

 Motels, recreational vehicle parks, marinas
 and campgrounds                                                                  X

 One family residence                                 X

 Parks, public and private                            X

 Passive Recreation Areas and Natural
 Open Spaces                                          X

                                                                                          If the use is
 Recreational facilities including: golf                                                  established
 courses, country clubs, riding clubs,                                                        by PD
 hunting clubs, boating, fishing, riding,                                                 rezoning, a
 swimming facilities and structures or other                                               use permit
 similar recreational activities as                                                           is not
 determined by the Planning Commission                                            X         required

 Restaurants, food, drug, and sporting
 goods stores, gasoline service stations
 and other similar retail and service
 establishments necessary to serve the
 public in recreation areas                                                       X

 Wind energy facilities                                             X                      Division 93



                                                 27
                                                                    Sutter County Zoning Code


1500-1620    Development Standards:


 Minimum Lot Size                          5,000 square feet

 Minimum Lot Width                         60 feet

 Maximum Main Building Coverage            35% of lot

 Minimum Front Yard                        25 feet

 Minimum Side Yard                         6 feet

 Minimum Rear Yard                         25 feet

                                           35 feet for residential buildings, 50 feet for
                                           agricultural buildings except as provided in
 Maximum Building Height                   Sec. 1500-8024

 Public Improvements                       Sec. 1500-8015

 Public Road Frontage                      See “Lot” definition in Section 1500-9868.




                                      28
                                                                              Sutter County Zoning Code


                      DIVISION 17
        FPARC FOOD PROCESSING, AGRICULTURAL AND
             RECREATION COMBINING DISTRICT

1500-1710 Purpose and Intent:

        (a)     The FPARC District is established to implement the goals and policies of the General
Plan Amendment adopted concurrently herewith and is to be applied to those lands within the County
of Sutter as described on the map below.

        (b)     This FPARC District provides an area where food processing and associated
industries, together with appurtenant functions thereof, may locate outside the urban centers, and in
close proximity to recreation and open space areas in a manner which minimizes adverse
environmental impacts and protects and enhances agricultural productivity.

       (c)     The following specific regulations and the general regulations as set forth in Sections
1500-8010 to 1500-8022, inclusive, shall apply in the FPARC District.

1500-1720 Uses Permitted:

        (a)     Food and fiber processing plants and facilities, including food canneries, dehydrators,
hulling operations, cleaning and processing operations, grain elevators, weighing and grading
stations, feed processing operations, warehouses and other structures for the storage of agricultural
products, seed processing facilities, animal and fiber processing operations, dairy processing
operations, apiaries and honey extraction plants, fruit and vegetable processing and packing facilities,
and any other or similar activity involving the storage, curing, processing, manufacturing, packaging,
handling, packing, secondary reprocessing, conversion, compounding, shipping, and selling of
agricultural products or by-products, as well as all facilities appurtenant and incidental thereto.

       (b)    Facilities for the generation of energy from processing, agricultural, or other wastes
and by-products, as well as all appurtenances thereof.

        (c)    Disposal of liquid or solid wastes or by-products produced in conjunction with the
operations permitted by this section. Such disposal may include irrigation of lands with process
wastewaters, animal feeding or soil incorporation of process waste or by-products, and other disposal
or reclamation processes or techniques.

       (d)      Publicly-owned parks and recreational areas and appurtenances thereto.

        (e)     Golf courses and country clubs, privately-operated parks, riding clubs and stables, gun
clubs, resorts and recreational facilities.

       (f)     Structures and facilities appurtenant to recreational facilities.

       (g)      Private farm buildings, accessory and ancillary recreational buildings and uses.

       (h)   General farming, including all types of crop and tree farming commercial livestock,
animal husbandry (not including a commercial kennel) and similar types of farming.

        (i)    One-family dwellings and accessory farm buildings of all kinds when occupied or used
by the owner, tenant, or persons employed on the premises.


                                                29
                                                                                  Sutter County Zoning Code

      (j)      Land leveling contracting, contract harvesting and agricultural services where the
occupation is incidental and secondary to the use of the land for farming purposes.

       (k)     The use, storage, repair and maintenance of tractors, scrapers, land leveling and
development equipment devoted primarily to agricultural uses where such activity is carried on in
conjunction with a bona fide agricultural operation.

        (l)   Underground utility installations and above ground utility installations for local service,
including communication equipment buildings, except that locations for communication equipment
buildings, substations, generation plants, and gas holders must be approved by the Planning
Commission prior to construction; the route of any proposed transmission line, other than any
communication line, must be discussed in detail with the Planning Commission prior to acquisition.

       (m)     Gun clubs and accessory structures, including mobilehomes used in conjunction
therewith, subject to the securing of a mobilehome permit and other permits required by the Building
Inspector and Health Department. Mobilehome shall also be subject to the Performance Standards
and Zoning Clearance required by Section 1500-1450 and Section 1500-1460 of this Chapter.

        (n)     Nurseries.

        (o)     Rail and other transportation facilities.

       (p)    Other such uses as the Planning Commission may deem to be similar and not more
obnoxious or detrimental to the public health, safety, and general welfare.

1500-1730 Uses Requiring Use Permits:

      (a)       The sale, repair, servicing and storage of agricultural machinery, implements and
equipment.

        (b)     The storage or sale of farm supplies of all kinds, including, but not limited to, fertilizers,
agricultural minerals and insecticides.

        (c)      Commercial stock feeding yards, feed lots.

       (d)     Community auction and sales yards for sale of farm animals, products, implements,
supplies and equipment.

       (e)    The development of natural resources together with the necessary building
apparatuses and appurtenances incidental thereto.

        (f)     Churches, schools, day care centers.

       (g)    Truck yards, terminals or facilities engaged in the transportation of agricultural
products, supplies and equipment including necessary maintenance, storage, repair and servicing of
equipment.

        (h)    Retail, commercial and service establishments including restaurants, sporting goods
stores, gasoline stations, and other similar retail and service establishments so long as such uses are
necessary to serve the public in the food processing and recreation areas.

        (i)     Municipal or community wastewater or water treatment plants and facilities.




                                                   30
                                                                                 Sutter County Zoning Code

        (j)     Construction and material yards (except gravel, rock and cement material yards).

       (k)      Indoor assembly, processing, fabricating, treatment, manufacturing, repairing or
packaging of goods that do not create noise, dust, odor, smoke, bright light, involve the handling of
explosives or inflammable materials as a primary use, or otherwise creates offensive conditions at the
property line and associated sales of these products.

       (l)      Outdoor assembly, processing, fabricating, treatment, manufacturing, repairing or
packaging of goods that do not create noise, dust, odor, smoke, bright light, involve the handling of
explosives or inflammable materials as a primary use, or otherwise creates offensive conditions at the
property line and associated sales of these products.

        (m)    Offices and other ancillary facilities that are part of and clearly subordinate to the
principal use as listed herein and located on the same site.

       (n)     Any permitted use referred to in Section 1500-1720 which does not conform to the
Special Restrictions set forth in Sections 1500-1740 and 1500- 1750.

1500-1740 Special Restrictions:

         (a)    Location of Plant Facilities. No plant or processing facility identified under Sections
1500-1720(a), (b), or 1500-1730(a), (b), (g), or (i) shall be located on any portions of the FPARC District
which are situated north of South Butte Road or south of Highway 20; provided, however, that this
restriction shall not prevent wastewater or solid waste disposal facilities, groundwater extraction
plants, energy transmission facilities, or other facilities or activities ancillary to those uses from being
located in said portions of the District.

       (b)     Proximity to Residences. No use described and restricted in Section 1500-1740(a)
above shall be established closer than two hundred feet from any residence.

        (c)     Minimum Lot Area - 1 acre.

        (d)     Maximum Lot Coverage - 50%.

       (e)    Process Wastewater and Solid Waste. Process wastewater and solid waste disposal
shall comply with all Federal, State, and County water discharge, pollution control and health
requirements.

         (f)     Processing Activities. All industrial agricultural processing, and energy generation
facilities allowed by the FPARC District shall comply with Federal, State, and local air pollution and
public health requirements.

       (g)      Access. Access shall be provided from the state highway or county roads and shall be
subject to the state and local requirements.

        (h)     Minimum Front Yard - 100 feet.

        (i)     Minimum Side Yard - 50 feet.

        (j)     Minimum Rear Yard - 25 feet.

        (k)     Maximum Building Height - 150 feet.




                                                  31
                                                                            Sutter County Zoning Code

        All of the foregoing standards shall be subject to variation or waiver pursuant to conditions
established by use permit to be applied for and obtained where any such variation or waiver is
desired.

1500-1750 Special Restrictions Upon Open Space and Recreational Area:

       The following special restrictions shall be applicable to open space and recreational areas
which are defined as those lands within the FPARC District situated north of South Butte Road and
south of Highway 20.

        (a)    Structural Coverage. Improvements such as golf course clubhouses, recreational
buildings, parking area and impervious surface shall not exceed 5% of the surface area of any
recreational and open space parcel.

       (b)     Use of Area Not Covered by Structures. Area outside the 5% permitted pursuant to
subsection (a) above shall not be improved with any structure other than temporary shelters, golf
course cart paths, pumps, culverts and drains.

        (c)    Type of Uses. Uses shall be restricted to open space uses such as golf courses and
recreational uses, agricultural uses, and undeveloped open space.

         (d)   Reclamation and Conservation. Permitted uses shall include disposal through
irrigation and other disposal means of process wastewater generated by food processing uses,
buffering of food processing uses and other ancillary uses which mitigate, screen or buffer the
impacts and incidents of a food processing use.

       (e)     Maximum Building Height - 45 feet.

        All of the foregoing standards shall be subject to variation or waiver pursuant to conditions
established by use permit to be applied for and obtained where any such variation or waiver is
required.

NOTE: Section III of the Initiative Measure enacted by the voters of the County of Sutter at the
November 2, 1982, general election provides as follows:

III. REPEAL OR AMENDMENT

        This Ordinance may not be amended or repealed except by a vote of the people; provided,
however, that this Ordinance may be amended by the Board of Supervisors to authorize additional
uses in the Food Processing, Agriculture, and Recreation Combining District provided for herein, and
to make such changes in the General Plan and Zoning Code as may be necessary and appropriate in
connection with such authorization of additional uses.




                                               32
                           Sutter County Zoning Code




     MEASURE A 1982




.)
                      33
                                                                             Sutter County Zoning Code


                                  DIVISION 18
                            RANCHETTE DISTRICT (RAN)
1500-1810      Purpose:

         This district classification is intended to be applied to areas located outside of rural
communities and outside of the Yuba City and Live Oak spheres of influence, which are suitable for
rural residential development and small scale farming operations. These areas should be compatible
in character with neighboring properties and located where such development will have minimal
impact on surrounding agricultural operations. Ranchette applications shall be considered with a
strict reliance upon meeting the evaluation criteria and development standards. The evaluation criteria
and procedures are established by resolution to require a unique review process to ensure suitability
of the site for ranchette development. This district is consistent with the AG -20 and AG - 80 General
Plan land use designations.

1500-1812      Uses Permitted:



                                                                Zoning        Use         Specific
                     Uses                        Permitted     Clearance     Permit      Standards

                                                                                         Sec. 1500-
 Accessory buildings and uses                        X                                    8022(h)

 Apiaries                                            X

 Bed and breakfast inn                                                          X

 Crop and tree farming, grazing, animal
 husbandry, nurseries and greenhouses for                                                Sec. 1500-
 the propagation of plants                           X                                     8016

 Day care centers                                                               X

                                                                                         Sec. 1500-
 Garage/yard sales                                   X                                     8016A

 Guest cottages and Servant’s quarters               X

                                                                                         Sec. 1500-
                                                                                        8018(e)(2) &
 Home Occupations                                                  X            X        8018(f)(1)

                                                                                         Sec. 1500-
 Large family day care home                                        X                      8013(b)

                                                    Not                                   Sec. 1500-
 Medical Marijuana Dispensaries                  Permitted                                 8033 &
                                                                                         1500-9868D
                                                                                         Sec. 1500-
 Mobile home - primary                               X                                     8028

                                                                                           Not to



                                                34
                                                                       Sutter County Zoning Code


                                                          Zoning        Use         Specific
                    Uses                 Permitted       Clearance     Permit      Standards
 One-family residence                         X                                   exceed Gen.
                                                                                  Plan density

 Public parks, playgrounds and schools                                    X

 Rest homes, sanitariums                                                  X

 Second residential unit                                                  X

                                                                                   Sec. 1500-
 Small family day care home                   X                                     8013(a)

 Wayside stands for the sale of crops
 grown on the premises                        X

 Wind energy facilities                                      X            X        Division 93


1500-1814      Development Standards:


 Maximum permitted acreage at time of         Less than 20 acres, as shown on a recorded
 application                                  map or record of survey. If there is no
                                              recorded map or survey, then less than 20.0
                                              acres as shown on a legal description
                                              prepared by a licensed land surveyor.

 Minimum Lot Size                             3 acres, with a range of parcel sizes as
                                              indicated in Table 1

 Maximum Lot Size                             10 acres, with a range of parcel sizes as
                                              indicated in Table 1

 Minimum Lot Width                            200 feet

 Maximum Building Coverage                    15%

 Minimum Front Yard                           30 feet or 50 feet from the street centerline

 Minimum Side Yard                            10 feet

 Minimum Rear Yard                            30 feet

 Maximum Building Height                      35 feet except as provided in Sec. 1500-8024

 Public Improvements                          Sec. 1500-8015

 Public Road Frontage                         See “Lot” definition in Section 1500-9868.




                                         35
                                                                               Sutter County Zoning Code


1500-1816       Special Restrictions:

        In the Ranchette District, no more than four lots may be created by parcel or subdivision map
(including any designated remainder). Once a Ranchette designation is approved and the maximum
four lots have been created on a specific parcel, no further division of the subject land will be
permitted until the effective date of the County’s next Comprehensive General Plan Revision. In rare
circumstances, an existing ranchette lot may be altered by lot line adjustment with adjacent properties
to allow such adjacent properties to be divided as ranchette lots. “Rare Circumstances” refers to a
situation where a variance would otherwise be required, access needs to be obtained, or such other
similar situation as determined by the Board of Supervisors.


1500-1818       Application Process:

        (a)     Rezoning applications must be processed concurrently with any tentative parcel map
applications.

        (b)     The applicant must complete the specified evaluation criteria form for ranchette
development which will be used as a tool for evaluating requests against criteria adopted by
resolution of the Board of Supervisors. The intent of this criteria is to provide the applicant and staff
with a preliminary evaluation as to the suitability of proposed lot splits and to consider the
appropriateness of rezoning for ranchette development, while minimizing conflicts with surrounding
farming operations.

        (c)     The following findings must be made in order to approve a Ranchette development:

                (1)     The proposed use is located outside of the Yuba City and Live Oak spheres of
                influence, and is consistent with General Plan Policy 1.C-3.

                (2)    The proposal creates no more than four parcels, including any designated
                remainder, and is consistent with General Plan Policy 1.C-5.

                (3)    The proposed development is consistent in size and character with
                surrounding properties and will not adversely impact adjacent agricultural operations
                because appropriate buffers will be provided to minimize any potential conflicts.

                (4)      The proposal has scored at least 70% according to the Ranchette evaluation
                criteria as adopted by resolution of the Board of Supervisors.

                (5)    The proposal must meet the minimum lot frontage requirements on an existing
                accepted and maintained road, as defined in section 1500-9868 and 1500-9888.

                (6)     The proposal must provide a range of parcel sizes as described in Table 1.




1500-1820       Ranchette Parcel Size Range:

                                                Table 1



                                                 36
                                                                             Sutter County Zoning Code

                                    Ranchette Parcel Size Range

This Table is intended to be restrictive rather than permissive, therefore tenths of a parcel are
rounded down to the next whole number, i.e. 3 acres = 3.1 up to 3.99 acres.

                                                         7 acres       8 acres       9 acres
      No division of parcels less than 7 acres             3, 4          3, 5          3, 6
                                                                                       4, 5




 10 acres     11 acres      12 acres      13 acres      14 acres      15 acres      16 acres
   3, 7         3, 8         3, 4, 5       3, 4, 6       3, 4, 7       3, 4, 8       3, 4, 9
   4, 6         4, 7          4, 8          3, 10        3, 5, 6       3, 5, 7       3, 5, 8
                5, 6          5, 7          4, 9          4, 10        4, 5, 6       3, 6, 7
                                            5, 8          5, 9          5, 10        4, 5, 7
                                            6, 7          6, 8          6, 9          6, 10
                                                                                      7, 9


 17 acres     18 acres      19 acres
  3, 4, 10    3, 4, 5, 6    3, 4, 5, 7
  3, 5, 9      3, 5, 10      3, 7, 9
  3, 6, 8      3, 6, 9       4, 5, 10
  4, 5, 8      3, 7, 8       4, 6, 9
  4, 6, 7      4, 5, 9       4, 7, 8
   7, 10       4, 6, 8       5, 6, 8
    8, 9       5, 6, 7
                8, 10




                                                 37
                                                                               Sutter County Zoning Code


                              DIVISION 19
                    ESTATE RESIDENTIAL DISTRICT (ER)

1500-1910       Purpose:

This district classification is intended to be applied to areas located within existing rural communities,
new Rural Planned Communities, and unincorporated areas within the Live Oak sphere of influence
and both the existing or possible future Yuba City sphere of influence. The primary use is large lot
single-family detached dwellings including guesthouses. This district is consistent with the Estate
Residential General Plan land use designation.


1500-1912       Uses Permitted:



                                                                 Zoning          Use         Specific
                     Uses                         Permitted     Clearance       Permit      Standards

                                                                                            Sec. 1500-
 Accessory buildings and uses                          X                                     8022(h)

 Crop and tree farming, animal husbandry,
 nurseries, and greenhouses for the
 propagation of plants, but not including
 the raising of rabbits, dogs, fowl, or other
 animals for commercial purposes, or the
 sale of any products at retail on the                                                      Sec. 1500-
 premises                                              X                                      8016

                                                                                            Sec. 1500-
 Garage/yard sales                                     X                                      8016A

                                                                                            one such
                                                                                             unit per
 Guest house                                           X                                      parcel

                                                                                            Sec. 1500-
 Home Occupations                                                                          8018(e)(2) &
                                                                     X            X         8018(f)(1)

                                                                                            Sec. 1500-
 Large family day care home                                          X                       8013(b)

                                                     Not                                    Sec. 1500-
 Medical Marijuana Dispensaries                   Permitted                                  8033 &
                                                                                           1500-9868D
                                                                                            Sec. 1500-
 One family residence                                  X                                     8018(d)

 Residential care home                                 X




                                                 38
                                                                     Sutter County Zoning Code


                                                         Zoning       Use        Specific
                    Uses                Permitted       Clearance    Permit     Standards
 Residential care facility/rest home                                      X


                                                                                  Not to
                                                                               exceed Gen.
 Second residential unit                                                  X    Plan density

                                                                                Sec. 1500-
 Small family day care home                  X                                   8013(b)

 Wind energy facilities                                    X              X     Division 93


1500-1914      Development Standards:


 Minimum Lot Size                            0.5 acre

 Maximum Lot Size                            3 acres


 Minimum Lot Width                           100 feet

 Maximum Building Coverage                   30%

 Minimum Front Yard                          50 feet from property line

 Minimum Side Yard                           10 feet

 Minimum Street Side Yard                    20 feet

 Minimum Rear Yard                           30 feet

 Maximum Building Height                     35 feet except as provided in Sec. 1500-8024

 Public Improvements                         Sec. 1500-8015

 Public Road Frontage                        See “Lot” definition in Section 1500-9868




                                        39
                                                                               Sutter County Zoning Code


                             DIVISION 22
                 ONE-FAMILY RESIDENCE DISTRICT (R-1)

1500-2210       Purpose:

        This district classification is intended to provide areas for low density residential development
within an urban environment that has adequate services and amenities which will support a desirable
and stable living environment. The following specific regulations and the general rules set forth in
Sections 1500-8010 to 1500-8022 inclusive shall apply in all R-1 districts. The R-1 District is consistent
with the Low Density Residential and Estates Residential General Plan land use designations.

1500-2212       Uses Permitted:



 Uses                                                           Zoning         Use         Specific
                                                  Permitted     Clearance      Permit      Standards

                                                                                            Sec. 1500-
 Accessory buildings and uses                          X                                     8022(h)

 Bed and breakfast inn                                                            X

 Churches                                                                         X
                                                                                            Sec. 1500-
 Cold weather shelter at an existing church                          X                      8018(e)(6)

 Crop and tree farming but not including
 commercial nurseries, or the raising of
 any animals other than ordinary                                                            Sec. 1500-
 household pets                                        X                                      8016

 Day care centers                                                                 X

                                                                                            Sec. 1500-
 Garage/yard sales                                     X                                      8016A

                                                                                            Sec. 1500-
                                                                                           8018(e)(2) &
 Home occupations                                                    X            X         8018(f)(1)
                                                                                            Sec. 1500-
 Large family day care home                                          X                       8013(b)

                                                     Not                                    Sec. 1500-
 Medical Marijuana Dispensaries                   Permitted                                  8033 &
                                                                                           1500-9868D

                                                                                            Sec. 1500-
                                                                                            8018(d) &
 Mobile home                                           X                                      8028




                                                 41
                                                                  Sutter County Zoning Code


Uses                                                  Zoning      Use       Specific
                                          Permitted   Clearance   Permit    Standards

                                                                             Consistent
                                                                             w/ General
                                                                                Plan
                                                                             density &
                                                                             Sec. 1500-
Mobile home parks                                                    X          8032

                                                                             Sec. 1500-
Model homes                                    X                             8018(g)(2)

One-family residence                           X

                                                                             Sec. 1500-
One-family residence (zero lot line)           X                              8022(j)

                                                                                Use
                                                                            occupies an
                                                                              abutting
Parking lot for an off-site use                                      X       property

Public and private parks, schools and
playgrounds                                                          X

                                                                             Sec. 1500-
Public utilities                               X                     X         8011

                                                                             Incidental
                                                                                to an
                                                                              existing
Recreational facilities (swimming pool,                                      residential
tennis courts and a pool house)                X                                 use

                                                                             Sec. 1500-
Residential parking waiver                                           X        8118(j)

Residential care home                          X

Residential care facility/rest home                                  X

                                                                             Sec. 1500-
                                                                             8018(e)(3)
                                                                                 or
                                                                             Sec. 1500-
Second residential unit                                   X          X       8018(f)(3)
                                                                             Sec. 1500-
Small family day care home                     X                              8013(b)

                                                                             Sec. 1500--
Temporary real estate offices                                        X        8018(g)(3)




                                          42
                                                                             Sutter County Zoning Code


 Uses                                                        Zoning         Use         Specific
                                               Permitted     Clearance      Permit      Standards
                                                                                         Sec. 1500-
 Truck-tractor parking                                                          X         8018(f)(5)

 Wayside stands for the temporary display
 and sale of agricultural products produced
 on the immediate property on which the                                                  Sec. 1500-
 stand is located                                                 X                       8011A(c)
 Wind energy facilities                                           X                      Division 93


1500-2214      Development Standards:


                                        The residential density must be within the minimum and
                                        maximum density range for the General Plan designation
 Density                                within which the project is located.

                                        5,000 sq. ft. when served by public sewer and water
                                        systems;
                                        7,500 sq. ft. when served by private water or private
                                        sewer;
                                        10,000 sq. ft. when served by individual water and sewer
                                        systems;
                                        or such areas as may be required by the Public Health
                                        Officer. Special criteria and exceptions are provided in
 Minimum Lot Size                       Section 1500-8022(k).

                                        50 feet, except that for cul-de-sac lots it may be 40 feet if
 Minimum Lot Width                      the width is at least 50 feet at the front yard setback line.

 Maximum Percentage of Lot
 Coverage                               40%, includes all main and accessory buildings.

                                        2 stories not to exceed 35 feet, except as provided in
 Maximum Building Height                Section 1500-8024.

                                        Front - 15 feet.
                                        Interior Side - 5 feet. For any public building, church,
                                        school, library, museum, or other similar use, permitted
                                        pursuant to the regulations of this district, a minimum
                                        distance of 15 feet from any adjoining lot containing or
                                        potentially containing a one-family residence.
                                        Street Side - 10 feet, except that garage or carport
                                        entrances must be 20 feet.
                                        Rear - 25 feet or 20% of the total lot depth, whichever is
 Minimum Yards                          less, except as provided in Section 1500-8022(g)(1).

 Public Improvements                    Sec. 1500-8015
 Public Road Frontage                   See “Lot” definition in Section 1500-9868.




                                              43
                                                                              Sutter County Zoning Code


                            DIVISION 25
                TWO-FAMILY RESIDENCE DISTRICT (R-2)
1500-2510       Purpose:

        This district classification is intended to provide areas for low to medium density residential
development within an urban environment that has adequate services and amenities which will
support a desirable and stable living environment. To provide affordable housing in a similar
atmosphere as in the R-1 District and also provide for the lowest density of attached residences. The
following specific regulations and the general rules set forth in Sections 1500-8010 to 1500-8022
inclusive shall apply in all R-2 districts. This district is consistent with the Low Density Residential
General Plan land use designations.


1500-2512       Uses Permitted:



                                                               Zoning        Use         Specific
 Uses                                            Permitted     Clearance     Permit      Standards

                                                                                          Sec. 1500-
 Accessory buildings and uses                         X                                    8022(h)

 Bed and breakfast inn                                                           X

 Churches                                                                        X
                                                                                          Sec. 1500-
 Cold weather shelter at an existing church                         X                     8018(e)(6)

 Crop and tree farming but not including
 commercial nurseries, or the raising of
 any animals other than ordinary                                                          Sec. 1500-
 household pets                                       X                                     8016

 Day care center                                                                 X

                                                                                          Sec. 1500-
 Garage/yard sales                                    X                                     8016A

 Golf course or country club                                                     X

                                                                                          Sec. 1500-
                                                                                         8018(e)(2) &
 Home occupation                                                    X            X        8018(f)(1)
                                                                                          Sec. 1500-
 Large family day care home                                         X                      8013(b)

                                                    Not                                   Sec. 1500-
 Medical Marijuana Dispensaries                  Permitted                                 8033 &
                                                                                         1500-9868D
 Mobile home                                          X                                   Sec. 1500-


                                                44
                                                                  Sutter County Zoning Code


                                                      Zoning      Use       Specific
Uses                                      Permitted   Clearance   Permit    Standards
                                                                             8018(d) &
                                                                               8028
                                                                             Consistent
                                                                                with
                                                                              General
                                                                                Plan
                                                                              density.
                                                                             Sec. 1500-
Mobile home parks                                                    X         8032

                                                                             Sec. 1500-
Model homes                                    X                             8018(g)(2)

One-family residence                           X

                                                                             Sec. 1500-
One-family residence (zero lot line)           X                              8022(j)

                                                                                Use
                                                                            occupies an
                                                                              abutting
Parking lot for an off-site use                                      X       property

Public and private schools, parks and
playgrounds                                                          X

Public and quasi-public buildings                                    X

                                                                             Sec.1500-
Public utilities                               X                     X          8011
                                                                             Incidental
                                                                                to an
                                                                              existing
Recreational facilities (swimming pool,                                      residential
tennis courts and a pool house)                X                                 use

                                                                              Sec.1500-
Residential parking waiver                                           X         8118(j)

Residential care facility/rest home                                  X

Residential care home                          X
                                                                             Sec. 1500-
Small family day care home                     X                              8013(b)
                                                                             Consistent
                                                                             w/ General
Two-family residence, or 2 one-family                                           Plan
residences                                     X                              density

Wind energy facilities                                    X                  Division 93



                                          45
                                                                       Sutter County Zoning Code



1500-2514    Development Standards:


                                  The residential density must be within the minimum and
                                  maximum density range for the General Plan designation
 Density                          within which the project is located.

                                  5,000 sq. ft.; lot when served by public sewer and water
                                  systems;
                                  7,500 sq. ft. when served by private water or private
                                  sewer;
                                  10,000 sq. ft. when served by individual water and sewer
                                  systems;
                                  or such areas as may be required by the Public Health
                                  Officer. Special criteria and exceptions are provided in
 Minimum Lot Size                 Sec. 1500-8022(k).

                                  50 feet, except that for cul-de-sac lots it may be 40 feet if
 Minimum Lot Width                the width is at least 50 feet at the front yard setback line.

 Maximum Percentage of Lot
 Coverage                         45%, includes all main and accessory buildings.

                                  3 stories not to exceed 35 feet, except as provided in Sec.
 Maximum Building Height          1500-8024.

                                  Front - 15 feet.
                                  Interior Side - 5 feet. For any public building, church,
                                  school, library, museum, or other similar use, permitted
                                  pursuant to the regulations of this district, a minimum
                                  distance of 15 feet from the lot line of any adjoining
                                  residential lot containing or potentially containing a
                                  one-family residence.
                                  Street Side - 10 feet, except that garage entrances must
                                  be 20 feet.
                                  Rear - 25 feet or 20% of the total lot depth whichever is
 Minimum Yards                    less, except as provided in Sec.1500-8022(g)(1).

 Public Improvements              Sec. 1500-8015

 Public Road Frontage             See “Lot” definition in Section 1500-9868.




                                         46
                                                                            Sutter County Zoning Code


                        DIVISION 28
            NEIGHBORHOOD APARTMENT DISTRICT (R-3)

1500-2810      Purpose:

       This district classification is intended to provide areas for medium density residential
development within an urban environment that has adequate services and amenities which will
support a desirable and stable living environment as well as providing opportunities to meet
affordable housing needs. The following specific regulations and the general rules set forth in
Sections 1500-8010 to 1500-8022 inclusive shall apply in all R-3 districts in order to provide for the
general welfare. The R-3 District is consistent with the Medium Density Residential General Plan land
use designation.

1500-2812      Uses Permitted:



                                                              Zoning        Use        Specific
 Uses                                           Permitted     Clearance     Permit     Standards

 Accessory buildings and uses                        X

 Bed and breakfast inn                                                         X

 Boarding house                                                                X

 Churches                                                                      X
                                                                                        Sec. 1500-
 Cold weather shelter at an existing church                       X                     8018(e)(6)

 Clinics, and intermediate care/skilled
 nursing facilities                                                            X

 Condominiums                                        X

 Crop and tree farming but not including
 commercial nurseries, or the raising of
 any animals other than ordinary                                                        Sec. 1500-
 household pets                                      X                                    8016

 Day care center                                                               X

                                                                                        Sec. 1500-
 Garage/yard sales                                   X                                    8016A

 Garden, orchard, field crops with no retail
 sales from the site                                 X

 Golf course, country or health club                                           X

 Group residences                                    X




                                               47
                                                                  Sutter County Zoning Code


                                                      Zoning      Use       Specific
Uses                                      Permitted   Clearance   Permit    Standards

                                                                              Sec. 1500-
                                                                             8018(e)(2) &
Home occupations                                          X          X        8018(f)(1)
                                                                             Sec. 1500-
Large family day care home                                X                   8013(b)

Libraries                                      X
                                             Not                              Sec. 1500-
Medical Marijuana Dispensaries            Permitted                            8033 &
                                                                             1500-9868D

                                                                             Consistent
                                                                               with
                                                                              General
                                                                               Plan
                                                                              density.
                                                                             Sec.1500-
Mobile home parks                                                    X         8032

                                                                             Consistent
                                                                             w/ General
                                                                                Plan
Multiple-family residences                     X                              density

Office (professional and business)                                   X

                                                                                Use
                                                                            occupies an
Parking lot for a residential or office                                       abutting
off-site use                                                         X       property

Public and private schools, parks and
playgrounds                                                          X

Public and quasi-public buildings                                    X

                                                                             Sec. 1500-
Public utilities                               X                     X         8011

                                                                             Incidental
                                                                                to a
Recreational facilities (swimming pool,                                      residential
tennis courts and a clubhouse)                 X                              develop.

                                                                             Sec. 1500-
Residential parking waiver                                           X        8018(j)

Residential care facility/rest home                                  X




                                          48
                                                                              Sutter County Zoning Code


                                                               Zoning        Use          Specific
 Uses                                            Permitted     Clearance     Permit       Standards

 Residential care home                                X

 Service and social club                                                         X
                                                                                           Sec. 1500-
 Small family day care home                           X                                     8013(b)

 Studios for music, dancing and art                                              X

 Townhouses                                           X

 Transitional housing                                                            X

 Uses permitted in the R-1 and R-2 Districts
 except one-family or two-family
 residences unless parcel size prevents the
 use of the property for any other
 residential use                                      X

 Uses requiring Use Permits in the R-1 and
 R-2 Districts, unless otherwise permitted                                       X
 Wind energy facilities                                             X                     Division 93


1500-2814      Development Standards:

                                      General Plan Designation
 Maximum Density                      Medium Density Residential - 1 unit/1,742 sq. ft. net lot area.

                                      5,000 sq. ft for lots when served by public sewer and water
                                      systems;
                                      7,500 sq. ft when served by public water or public sewer;
                                      10,000 sq. ft. when served by individual water and sewer
                                      systems;
                                      or such areas as may be required by the Public Health
                                      Officer. Special criteria and exceptions are provided in
 Minimum Lot Size                     Section 1500-8022(k).

                                      50 feet, except that for cul-de-sac lots it may be 40 feet if the
 Minimum Lot Width                    width is at least 50 feet at the front yard setback line.

 Maximum Percentage of Lot
 Coverage                             60%, includes all main and accessory buildings.

                                      3 stories not to exceed 40 feet - except if within 25 feet of an
                                      R-1 District, then 2 stories not to exceed 30 feet, except as
 Maximum Building Height              provided in Sec. 1500-8024.

                                      Front - 15 feet
 Minimum Yards                        Interior Side - 5 feet



                                                49
                                                                              Sutter County Zoning Code

                                      Street Side - 10 feet
                                      Rear - 20 feet

 Minimum Distance Between Main
 Buildings on Same Lot                10 feet

 Open Space/Recreation Areas          200 sq. ft/unit (1)

                                      Walkways shall link the residential units with recreational
 Walkways                             and other internal facilities as well as other residential units.

 Exterior Lighting                    As provided in Section 1500-8118(h).

 Fences, Walls, Hedges and
 Intersection Visibility              As provided in Section 1500-8022(c).

 Landscaping                          As provided in Section 1500-8022(i).

 Off-street Parking and Loading       As provided in Sections 1500-8110 through 8118.

 Public Improvements                  As provided in Section 1500-8015.

 Signs                                As provided in Sections 1500-9410 through 9485.

 Trash Enclosure Screening            As provided in Section 1500-8022(i)(5)(B).

 Public Road Frontage                 See “Lot” definition in Section 1500-9868.

(1)      Open space/recreation area criteria:

         (A)    To qualify as open space an area must be a minimum of 6 feet by 10 feet located
                between the required front yard, street side yard and rear property line.

         (B)    Areas that may be included are private or common balconies, patios or decks;
                recreation rooms, roof areas designed to accommodate recreation or leisure activities;
                swimming pool/spa areas, other types of recreation or leisure area, landscaped areas.

         (C)    Areas that do not qualify are front and street side yards, driveways and parking areas
                and associated required landscaping, clothes drying areas, walkways between
                buildings and entryways.

         (D)    At least 20 percent of the open space/recreation area shall be landscaped.




                                                50
                                                                               Sutter County Zoning Code


                             DIVISION 31
                   GENERAL APARTMENT DISTRICT (R-4)
1500-3110       Purpose:

        This district classification is intended to provide areas for high density residential development
within an urban environment that has adequate services and amenities which will support a desirable
and stable living environment as well as providing opportunities to meet affordable housing needs and
provide for the general welfare. This district is consistent with the High Density Residential General
Plan land use designation.

1500-3112       Uses Permitted:



                                                                Zoning         Use         Specific
 Uses                                             Permitted     Clearance      Permit      Standards

 Bed and breakfast inn                                                            X

 Boarding house                                                                   X

 Churches                                                                         X

 Clinics, and intermediate care/skilled
 nursing facilities                                                               X
                                                                                            Sec. 1500-
 Cold weather shelter at an existing church                          X                      8018(e)(6)

 Condominiums                                           X

 Day care center                                                                  X

 Emergency shelter                                                                X

                                                                                            Sec. 1500-
 Garage/yard sales                                      X                                     8016A

 Garden, orchard, field crops with no retail
 sales from the site                                    X

 Golf course, country or health club                                              X

 Group residences                                       X

                                                                                            Sec. 1500-
                                                                                           8018(e)(2) &
 Home occupation                                                     X            X         8018(f)(1)
 Large family day care home                                          X

                                                     Not                                    Sec. 1500-
 Medical Marijuana Dispensaries                   Permitted                                  8033 &
                                                                                           1500-9868D


                                                   51
                                                                  Sutter County Zoning Code


                                                      Zoning      Use        Specific
Uses                                      Permitted   Clearance   Permit     Standards

                                                                             Sec. 1500-
                                                                               8032;
                                                                             Consistent
                                                                             with Gen.
                                                                               Plan
Mobile home parks                                                    X        density

                                                                             Consistent
                                                                             with Gen.
                                                                               Plan
Multiple-family residences                      X                             density

Office (professional and business)                                   X

                                                                                 Use
                                                                             occupies an
                                                                               abutting
Parking lot for an off-site use                                      X        property

Public parks and playgrounds                    X

Public and quasi-public                                              X

                                                                              Sec. 1500-
Public utilities                                X                    X          8011

                                                                              Incidental
                                                                                 to a
Recreational facilities (swimming pool,                                       residential
tennis courts and a clubhouse)                  X                              develop.

                                                                              Sec. 1500-
Residential parking waiver                                           X         8118(j)

Residential care facility/rest home                                  X

Residential care home                           X

Service and social club                                              X
Small family day care home                      X

Studios for music, dancing and art                                   X

Swimming pool/spa                               X

                                                                             Consistent
                                                                             with Gen.
                                                                               Plan
Townhouses                                      X                             density

Transitional housing                                                 X


                                           52
                                                                            Sutter County Zoning Code


                                                             Zoning         Use         Specific
 Uses                                            Permitted   Clearance      Permit      Standards

 Uses permitted in the R-1, R-2 and R-3
 Districts except single-family and two-
 family residences unless parcel size
 prevents the use of the property for any
 other residential use                                 X

 Uses requiring use permits in the R-3
 District unless otherwise permitted                                            X
 Wind energy facilities                                           X                      Division 93


1500-3114      Development Standards:


                                      General Plan Designation
                                      High Density Residential - 1 unit/ 968 sq. ft. of net lot
  Maximum Density                     area.

                                      10,000 sq. ft. Special criteria and exceptions are provided
  Minimum Lot Size                    in Sec. 8022(k).

                                      100 feet, except that for cul-de-sac lots it may be 80 feet if
                                      the width is at least 100 feet at the back of the front yard
  Minimum Lot Width                   line.

  Maximum Percentage of Lot
  Coverage                            60%, includes all main and accessory buildings.

                                      4 stories not to exceed 48 feet - except if within 35 feet of
                                      an R-1 District, then 3 stories not to exceed 40 feet,
                                      within 25 feet of an R-1 District, then 2 stories not to
  Maximum Building Height             exceed 30 feet - except as provided in Section 1500-8024.

  Maximum Building Height             Accessory Buildings - 20 feet.

                                      Front - 15 feet.
                                      Interior Side - 5 feet, except when adjacent to R-1 or R-2
                                      Districts in which case an additional 2 feet for each
                                      story over the first floor shall be provided.
                                      Street Side - 15 feet.
                                      Rear - 10 feet, except when adjacent to R-1 or R-2
  Minimum Yards                       Districts in which case the minimum shall be 15 feet.

  Minimum Distance Between
  Main Buildings on Same Lot          10 feet.

  Open Space/Recreation Areas(1)      200 sq. ft./unit.

                                      Walkways shall link the residential units with recreational
                                      and other internal facilities as well as other residential
  Walkways                            units.


                                                  53
                                                                          Sutter County Zoning Code


  Exterior Lighting                  As provided in Section 1500-8118(h).

  Fences, Walls, Hedges and
  Intersection Visibility            As provided in Section 1500-8022(c).

  Landscaping                        As provided in Section 1500-8022(i).

  Off-street Parking and Loading     As provided in Sections 1500-8110 through 8118.

  Public Improvements                As provided in Section 1500-8015.

  Signs                              As provided in Sections 1500-9410 through 9485.

  Trash Enclosure Screening          As provided in Section 1500-8022(i)(5)(B).

  Public Road Frontage               See “Lot” definition in Section 1500-9868.

(1)   Open space/recreation area criteria:

      (A)     To qualify as open space an area must be a minimum of 6 feet by 10 feet located
              between the required front yard, street side yard and rear property line.

      (B)     Areas that may be included are private or common balconies, patios or decks;
              recreation rooms, roof areas designed to accommodate recreation or leisure activities,
              swimming pool/spa areas, other types of recreation or leisure area, landscaped areas.

      (C)     Areas that do not qualify are front and street side yards, driveways and parking areas
              and associated required landscaping, clothes drying areas, walkways between
              buildings and entryways.

      (D)     At least 20 percent of the open space/recreation area shall be landscaped.




                                               54
                                                                             Sutter County Zoning Code


                        DIVISION 34
          HIGHWAY SERVICE COMMERCIAL DISTRICT (CH)

1500-3410      Purpose:

       This district classification is intended to provide for commercial services along main roads and
highways for the traveling public in developments designed for safety, convenience and fitting
appearance. This district is consistent with the Commercial General Plan land use designation.

1500-3420      Uses Permitted:



                                                                Zoning        Use         Specific
                     Uses                        Permitted     Clearance     Permit      Standards

 Uses permitted in R-3 Districts except
 residential uses                                      X

 Agricultural product sales                                                     X

                                                                                          Only in
                                                                                        conjunction
                                                                                          with a
                                                                                        commercial
 Caretaker residences                                                           X           use

 Gasoline service stations                                                      X
                                                    Not                                   Sec. 1500-
 Medical Marijuana Dispensaries                  Permitted                                 8033 &
                                                                                         1500-9868D

 Motels                                                                         X

 Restaurants                                                                    X

 Retail nursery sales                                                           X

 Wireless communication facilities                                 X            X        Division 95
 Wind energy facilities                                            X            X        Division 93




                                                  55
                                                                           Sutter County Zoning Code

1500-3430      Development Standards:


                              5,000 sq. ft. Special criteria and exceptions are provided in Sec.
 Minimum Lot Size             8022(k).

 Maximum Building Height      45 feet, except as provided in Section 1500-8024.

                              Front - None.
                              Street Side - None.
                              Interior Side - None, except when abutting a residential district
                              then 15 feet.
                              Rear - None, except when abutting a residential district or for a
                              through lot where neighboring uses have front yards, then 15
 Minimum Yards                feet.

 Exterior Lighting            As provided in Section 1500-8118(h).

 Fences, Walls, Hedges and
 Intersection Visibility      As provided in Section 1500-8022(c).

 Landscaping                  As provided in Section 1500-8022(i).

 Off-street Parking and
 Loading                      As provided in Sections 1500-8110 through 8118.

 Public Improvements          As provided in Section 1500-8015.

 Signs                        As provided in Sections 1500-9410 through 9485.

 Trash Enclosure Screening    As provided in Section 1500-8022(i)(5)(B).

 Design Review                As provided in Division 85.

 Public Road Frontage         See “Lot” definition in Section 1500-9868.




                                              56
                                                                             Sutter County Zoning Code


                         DIVISION 37
            NEIGHBORHOOD COMMERCIAL DISTRICT (C-1)

1500-3710       Purpose:

        This district classification is intended to provide for small commercial areas that cater to the
daily convenience shopping and service needs of the surrounding residential neighborhood. The
scale and design of buildings within this district must be compatible with the neighboring residential
uses and generally located on collector or local streets. This district is consistent with the
Commercial General Plan land use designation.

1500-3712       Uses Permitted:



                                                                Zoning         Use         Specific
                     Uses                        Permitted     Clearance      Permit      Standards

 All uses permitted in the “R” Districts
 except for the following: residential uses,
 mobile home parks, motels hotels and
 private stables. Caretaker residences may
 be permitted upon the securing of a use
 permit when in conjunction with a
 permitted commercial use or service
 establishment                                         X

 Bar/pub                                                                         X

 Barber shop and beauty parlor                         X

                                                                                           Only in
                                                                                         conjunction
                                                                                           with a
                                                                                         commercial
 Caretaker or night watchman's residence                                         X           use

                                                                                          Sec. 1500-
 Commercial coach (temporary)                                                    X          8011B

 Day care center                                       X

 Dry cleaners                                                                    X

                                                                                          No on-site
                                                                                          auto repair
 Gasoline sales                                                                  X         allowed

 Laundry and laundromat                                X
                                                    Not                                   Sec. 1500-
 Medical Marijuana Dispensaries                  Permitted                                 8033 &
                                                                                         1500-9868D



                                                  57
                                                                     Sutter County Zoning Code


                                                          Zoning      Use         Specific
                   Uses                      Permitted   Clearance   Permit      Standards

Offices (administrative, business,
government, medical and professional)             X

                                                                                 Sec.1500-
Outdoor sales (temporary)                         X                               8011A

Permitted uses that exceed 10,000 square
feet of floor area                                                      X

Public uses                                                             X

                                                                                 Sec. 1500-
Public utilities                                  X                     X          8011

Repair shop (e.g., shoes, radios,
computers, televisions and domestic
appliances)                                       X

Restaurant (excluding drive-thru) and
cafes, including those serving alcoholic
beverages                                         X

Restaurant (excluding drive-thru) and
cafes, including those serving alcoholic
beverages that have a gross floor area
greater than 3,000 sq. ft.                                              X

Retail sales and other services compatible
with neighboring residential uses as
determined by the Community Services
Director. Such uses would include
markets, bakeries, antique shops, etc.            X

Schools - public and private                                            X

Service and social clubs                                                X

Studios (music, dancing, photography, art
and broadcasting)                                 X

Video rental                                      X
Wind energy facilities                                      X                   Division 93




                                             58
                                                                           Sutter County Zoning Code

1500-3714      Development Standards:


                              5,000 sq. ft. Special criteria and exceptions are provided in Sec.
 Minimum Lot Size             8022(k).

 Maximum Building Height      30 feet, except as provided in Section 1500-8024.

                              Front - 15 feet.
                              Street Side - 15 feet.
                              Interior Side - None, except when abutting a residential district
                                then 15 feet.
 Minimum Yards                Rear - 15 feet.

 Exterior Lighting            As provided in Section 1500-8118(h).

 Fences, Walls, Hedges and
 Intersection Visibility      As provided in Section 1500-8022(c).

 Landscaping                  As provided in Section 1500-8022(i).

 Off-street Parking and
 Loading                      As provided in Sections 1500-8110 through 8118.

 Public Improvements          As provided in Section 1500-8015.

 Signs                        As provided in Sections 1500-9410 through 9485.

 Trash Enclosure Screening    As provided in Section 1500-8022(i)(5)(B).

 Design Review                As provided in Division 85.

 Public Road Frontage         See “Lot” definition in Section 1500-9868.




                                              59
                                                                             Sutter County Zoning Code


                           DIVISION 40
                 GENERAL COMMERCIAL DISTRICT (C-2)
1500-4010       Purpose:

       This district is established to provide for a full range of retail sales and personal services to
meet the needs of the residents of the entire county and provide for the general welfare. The facilities
may range from a single building to a neighborhood center with a supermarket as the primary tenant
to a community center that may have several major tenants and should be located along major
thoroughfares and arterials. This district is consistent with the Commercial General Plan land use
designation.

1500-4012       Uses Permitted:



                                                               Zoning        Use         Specific
 Uses                                            Permitted     Clearance     Permit      Standards

 All permitted uses in the C-1 District                X

 Antique shops, pawn shops                             X

 Bakeries                                              X

 Banks and financial institutions                      X

 Bar/pub, dance halls                                  X

                                                                                           Only in
                                                                                         conjunction
                                                                                           with a
                                                                                         commercial
 Caretaker or night watchman's residence                                         X           use

                                                                                          Sec. 1500-
 Carnivals, fairs and festivals                                     X                       8011C

 Car wash (self serve or full service)                 X

 Clinic, intermediate medical care facility            X

                                                                                          Sec. 1500-
 Commercial coach (temporary)                                                    X          8011B

 Day care center                                       X

 Dry cleaners                                                                    X

 Employment agency                                     X

 Gasoline service stations                                                       X

 Health club                                           X

 Hospital                                              X

                                                  60
                                                                        Sutter County Zoning Code


                                                            Zoning      Use        Specific
Uses                                            Permitted   Clearance   Permit     Standards

Hotel                                                 X

Indoor entertainment facility (i.e., theater,
video game center, skating rink, bowling
alley, billiard parlor and other such uses)           X

Laboratory (medical, dental and optical)              X

Laundry and laundromat                                X
                                                   Not                              Sec. 1500-
Medical Marijuana Dispensaries                  Permitted                            8033 &
                                                                                   1500-9868D

Mortuary                                              X

Motel                                                 X

Newspapers and commercial printing
shops                                                 X

Retail nursery or garden supply                       X

Offices (administrative, business,
government, medical and professional,
insurance, real estate, tax and travel)               X

                                                                                    Sec. 1500-
Outdoor sales (temporary)                             X                               8011A

Photocopy and blueprint business                      X

                                                                                    Sec. 1500-
Public utilities                                      X                    X          8011

                                                                                    Sec. 1500-
Recycling collection facility                         X                               8011D

Repair shop (e.g., shoes, bicycles, radios,
televisions, computers or other domestic
appliances)                                           X

Restaurant, cafe and catering shops                   X

Restaurant (drive-thru)                                                    X

Retail sales and other services having
similar characteristics with those listed in
this section, as determined by the
Community Services Director                           X

Service and social clubs                              X



                                                 61
                                                                            Sutter County Zoning Code


                                                             Zoning       Use          Specific
 Uses                                         Permitted      Clearance    Permit       Standards

 Studios (i.e., music, dancing, photography
 and art)                                           X

 Taxidermist                                        X

 Trade schools and business colleges                X

 Veterinarian (no outdoor boarding
 facilities)                                        X

 Wireless communication facilities                               X             X       Division 95
 Wind energy facilities                                          X             X       Division 93


1500-4014      Development Standards:


                               5,000 sq. ft. Special criteria and exceptions are provided in Sec.
 Minimum Lot Size              8022(k).

 Maximum Building Height       45 feet, except as provided in Section 1500-8024.

                               Front - None.
                               Street Side - None.
                               Interior Side - None, except when abutting a residential district
                                 then 15 feet.
                               Rear - None, except when abutting a residential district or for a
                                 through lot where neighboring uses have front yards, then 15
 Minimum Yards                   feet.

 Exterior Lighting             As provided in Section 1500-8118(h).

 Fences, Walls, Hedges and
 Intersection Visibility       As provided in Section 1500-8022(c).

 Landscaping                   As provided in Section 1500-8022(i).

 Off-street Parking and
 Loading                       As provided in Sections 1500-8110 through 8118.

 Public Improvements           As provided in Section 1500-8015.

 Signs                         As provided in Sections 1500-9410 through 9485.

 Trash Enclosure Screening     As provided in Section 1500-8022(i)(5)(B).

 Design Review                 As provided in Division 85.

 Public Road Frontage          See “Lot” definition in Section 1500-9868.




                                               62
                                                                                 Sutter County Zoning Code


                           DIVISION 43
               COMMERCIAL-INDUSTRIAL DISTRICT (C-M)

1500-4310       Purpose:

         This district is established to provide opportunities to combine commercial and industrial
uses. The district provides for selected sales and services that are often considered inappropriate in
primary retail areas due to size or operating characteristics or because products are manufactured on-
site, as well as, various light industrial type uses. This district is not intended to provide typical retail
sales normally found in the retail districts. This district is consistent with the Commercial and
Industrial General Plan land use designations.

1500-4312       Uses Permitted:



                                                                  Zoning         Use         Specific
 Uses                                              Permitted      Clearance      Permit      Standards

 All “permitted uses” in the C-2 Districts                X

                                                                                             Chapter 465
                                                                                              Sutter Co.
 Adult entertainment businesses                           X                                   Ord. Code

 Automobile service and repair (general),
 auto body, transmission, electrical,
 radiator, upholstery and similar
 specialized repair shops                                 X

 Building maintenance services such as
 janitorial, pest extermination, or grounds
 maintenance                                              X

 Building, lumber, electrical, plumbing and
 welding material sales and service                       X

 Cabinet or woodworking shops                             X

 Caretaker or night watchman residence                                               X

                                                                                              Sec. 1500-
 Commercial coach (temporary)                                                        X          8011B

 Contractors equipment yard                               X

 Farm and ranch, and related supply sales                 X

 Food storage lockers, ice making facilities              X

 Gasoline service station                                 X

 Heavy equipment, sales                                   X

 Household appliances sales and repair                    X

                                                     63
                                                                         Sutter County Zoning Code


                                                             Zoning      Use        Specific
Uses                                             Permitted   Clearance   Permit     Standards

Indoor assembly, processing, fabricating,
treatment, manufacturing, repairing or
packaging of goods that do not create
noise, dust, odor, smoke, bright light,
involve the handling of explosives or
inflammable materials as a primary use, or
otherwise creates offensive conditions at
the property line and associated sales of
these products                                         X

Janitorial and restaurant supplies                     X

Laboratory: medical, dental, optical, or
biological for testing or classifying                  X

Laundries (commercial) such as those
providing a linen service, but not
including personal laundromats                         X

Lumber yards - pre-cut                                 X

Meat cutting and packing, provided there
is no slaughtering                                     X
                                                    Not                              Sec. 1500-
Medical Marijuana Dispensaries                   Permitted                            8033 &
                                                                                    1500-9868D

Nursery, garden and landscaping supply
and services                                           X

Offices and other ancillary facilities clearly
subordinate to a principal use as listed
herein and located on the same site                    X

                                                                                     Sec. 1500-
Outdoor sales (temporary)                              X                               8011A

Photographic processing plant                          X

Printing, engraving, lithography or
publishing                                             X

Radio and television stations,
communication services exclusive of
transmission towers                                    X

Sales lot and repair of new and used:
automobiles, boats, motorcycles, travel
trailers, recreational vehicles, mobile                                              Sec. 1500-
homes                                                  X                               8025



                                                  64
                                                                           Sutter County Zoning Code


                                                             Zoning        Use        Specific
 Uses                                          Permitted     Clearance     Permit     Standards

 Service establishments such as glass
 shop, sign shop and water softening
 business                                            X

 Support businesses for permitted uses,
 provided the hours of operation are
 similar to those permitted uses, including
 a coffee shop, delicatessen, cafeteria or
 blueprint service                                   X

 Taxidermist                                         X

 Trade school                                        X

 Tree surgeon businesses                             X

                                                                                        Sec. 1500-
 Truck sales lot and service                         X                                    8025

 Veterinarian (no outdoor boarding
 facilities)                                         X

 Warehouse, mini storage or other storage
 buildings or wholesale distribution
 facilities, except those storing flammable
 or explosive material                               X

 Wireless communication facilities                               X            X        Division 95
 Wind energy facilities                                          X            X        Division 93


1500-4314       Development Standards:


                                5,000 sq. ft. Special criteria and exceptions are provided in Sec.
 Minimum Lot Size               8022(k).

 Maximum Building Height        45 feet, except as provided in Section 1500-8024.

                                Front - None.
                                Street Side - 10 feet.
                                Interior Side - None, except when abutting a residential district
                                  then 15 feet.
                                Rear - None, except when abutting a residential district or for a
                                  through lot where neighboring uses have front yards, then 15
 Minimum Yards                    feet.

 Exterior Lighting              As provided in Section 1500-8118(h).

 Fences, Walls, Hedges and
 Intersection Visibility        As provided in Section 1500-8022(c).
 Landscaping

                                                65
                                                                         Sutter County Zoning Code

                            As provided in Section 1500-8022(i).

Off-street Parking and
Loading                     As provided in Sections 1500-8110 through 8118.

Public Improvements         As provided in Section 1500-8015.

Signs                       As provided in Sections 1500-9410 through 9485.

Trash Enclosure Screening   As provided in Section 1500-8022(i)(5)(B).

Design Review               As provided in Division 85.

Public Road Frontage        See “Lot” definition in Section 1500-9868.




                                            66
                                                                              Sutter County Zoning Code



                           DIVISION 44
                EMPLOYMENT CORRIDOR DISTRICT (E-C)

1500-4410       Purpose:

        This district classification, located along the Highway 99 corridor north and south of Yuba City,
and adjacent to the east side of Highway 70 in East Nicolaus, is intended to provide for a variety of
employment and revenue generating land uses. While the potential exists that public services and
infrastructure may be extended to these areas, the type and intensity of development may be limited
by the County based upon the availability of such services. This district is consistent with the
Employment Corridor General Plan land use designation.


1500-4412       Uses Permitted:


                                                                  Zoning         Use        Specific
                     Uses                          Permitted     Clearance      Permit     Standards

Agricultural processing plants                          X

Agricultural product sales                              X

Auto body and painting shop                                                       X

Automobile service and repair (general),                X
excluding auto body and paint (2)

Barber shop and beauty parlor                           X

Banks and financial institutions                        X

Bar/pub                                                 X

Building supplies                                       X                                  Sec. 1500-
                                                                                             8025

Cabinet or woodworking shops                                                      X
                                                                                              Only in
Caretaker residence                                                                        conjunction
                                                                                  X        with an on-
                                                                                           site comm.
                                                                                            or ind. use

                                                                                           Sec. 1500-
Carnivals, fairs and festivals                                        X
                                                                                             8011C

Construction and material yards (except                                                    Sec. 1500-
                                                        X
gravel, rock and cement material yards)                                                      8025

                                                                                           Sec. 1500-
Contractors yard                                        X
                                                                                             8025

Crop and tree farming, grazing and animal               X
                                                   67
                                                                       Sutter County Zoning Code


                                                            Zoning       Use        Specific
                      Uses                     Permitted   Clearance    Permit     Standards
husbandry

Day care center                                     X

Distribution center                                                       X

Farm and ranch, and related supply sales            X

Fuel sales (retail)                                 X

Heavy equipment sales and rental                    X

Indoor assembly, processing, fabricating,
treatment, manufacturing, repairing or
packaging of goods that do not create
noise, dust, odor, smoke, bright light,
involve the handling of explosives or               X
inflammable materials as a primary use, or
otherwise creates offensive conditions at
the property line and associated sales of
these products

Kennel                                                                    X        1500-9865

Liquefied petroleum and pressurized gas
                                                                          X
products storage and wholesale

Lumber yards (retail & wholesale) (2)               X

Machine shop/ sheet metal/ welding (2)                                    X

                                                  Not                              Sec. 1500-
Medical Marijuana Dispensaries                 Permitted                          8033 & 1500-
                                                                                     9868D

Mortuary                                            X

Nursery, garden and landscaping supply
                                                    X
and services

Offices (administrative, business,
                                                    X
government, medical and professional)

Outdoor assembly, processing, fabricating,
treatment, manufacturing, repairing or
packaging of goods that do not create
                                                                          X
significant noise, dust, odor, smoke, bright
light, or otherwise creates offensive
conditions at the property line
                                                                                   Sec.1500-
Outdoor sales (temporary)                           X
                                                                                    8011A

Public utilities                                                          X        Sec. 1500-

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                                                                           Sutter County Zoning Code


                                                               Zoning        Use         Specific
                       Uses                      Permitted    Clearance     Permit      Standards
                                                                                           8011

                                                                                        Sec. 1500-
Recycling collection facility                        X
                                                                                          8011D

Repair shop (2)                                      X

Research and development laboratory (1)              X
Restaurant, cafe and catering shops
(excluding drive-thru) and cafes, including          X
those serving alcoholic beverages

Restaurant (drive-thru)                                                        X

Retail sales and other services compatible
with neighboring uses as determined by the
Community Services Director. Such uses               X
would include markets, bakeries, antique
shops, etc.

Sales and repair of new and used
automobiles, commercial trucks, boats,
                                                                                        Sec. 1500-
motorcycles, travel trailers, recreational           X
                                                                                          8025
vehicles, mobile homes and other heavy
equipment

Studios (music, dancing, photography, art
                                                     X
and broadcasting)

Taxidermist (1)                                      X

Technical/ trade school                                                        X

Truck terminals (2)                                                            X

Truck/trailer rental                                 X

Veterinarian (no outdoor boarding facilities)        X

Veterinarian (with outdoor boarding
                                                                               X
facilities)
Wireless communications facilities                                 X           X       Division 95
Wind energy facilities                                             X           X       Division 93

       (1)     Conducted indoors and noise, smoke, dust, odors and other such offensive features
               shall be confined to the premises of each such use.

       (2)     Uses must be conducted within a building or enclosed within a solid wall or fence of a
               type approved by the Planning Commission, and not less than six (6) feet in height.

1500-4414      Development Standards:

                                                69
                                                                               Sutter County Zoning Code


                                  None. Lot size is dependent upon project design elements and
 Minimum Lot Size                 infrastructure needs.

 Maximum Building Height          45 feet, except as provided in Section 1500-8024.

                                  Front – 15 feet.
                                  Street Side - 15 feet.
                                  Interior Side - None, except when abutting a district that allows
                                  residences then 15 feet.
                                  Rear - None, except when abutting a district that allows
 Minimum Yards                    residences then 15 feet.

 Exterior Lighting                As provided in Section 1500-8118(h).

 Fences, Walls, Hedges and
 Intersection Visibility          As provided in Section 1500-8022(c).

 Landscaping                      As provided in Section 1500-4416(b).

 Off-street Parking and
 Loading                          As provided in Section 1500-4416(c).

 Public or Private
 Improvements                     As provided in Section 1500-8015 and 8015A.

 Signs                            As provided in Sections 1500-9410 through 9485.

 Trash Enclosure Screening        As provided in Section 1500-8022(i)(5)(B) and 1500-4416(a)(5).

                                  Approval of a Design Review application is required for all
                                  projects located within the Employment Corridor areas,
                                  regardless of whether or not a building is proposed (i.e.
                                  contractors yard, truck terminals, etc.). The Design Review shall
                                  be reviewed by the Planning Commission, who shall forward a
                                  recommendation to the Board of Supervisors, who shall either
                                  approve or deny the project. Processing of the Design Review
                                  may be expedited, provided the criteria noted in General Plan
                                  Policy LU 7.7 are met. See Section 1500-4416 below, and
                                  applicable sections of Division 85, for specific requirements.
                                  Additions to existing residences and new or the expansion of
                                  existing residential accessory buildings shall be subject to
                                  Division 86 (Nonconforming Uses) of the Zoning Code, and shall
 Design Review                    not require Design Review.

 Public Road Frontage             See “Lot” definition in Section 1500-9868.


1500-4416      Design Criteria:

   New development including buildings, storage yards, parking and circulation areas, and
   landscaping located within the Employment Corridor areas designated north and south of Yuba
   City along Highway 99 and along Live Oak Boulevard, and along the east side of Highway 70 within
   the rural community of East Nicolaus, will be highly visible to residents and visitors traveling to
   and through these areas. Since the appearance of these buildings and related development will
   contribute to the public’s visual perception of these communities, and their overall perception of
   Sutter County, special care and sufficient planning is necessary to ensure that visual and aesthetic
                                                  70
                                                                           Sutter County Zoning Code

concerns are addressed. The following requirements shall therefore be applied to projects located
within these areas:

   (a)     Buildings and related improvements

           (1)     Buildings shall provide for variation of materials, colors, and articulation.
           Particular attention shall be given to design of buildings that are located in close
           proximity to or that are highly visible from Highway 99, Live Oak Boulevard, or
           Highway 70.

           (2)     Design of all buildings shall incorporate architectural treatments to break up
           uninterrupted expanses of wall. A building’s architecture may be enhanced by
           offsetting or varying building setbacks, providing covered porches, balconies and
           entries, and adding building projections as architectural features. Building walls that
           face or that are highly visible from Highway 99, Live Oak Boulevard, or Highway 70
           shall contain articulation and shall receive special consideration in their architectural
           treatment.

           Applicants shall review the Design Review Options table included at the end of these
           criteria (Section 1500-4416(h)) and at a minimum, select one design feature from each
           of the three categories listed to incorporate into the project.

           (3)      Design of accessory or utility buildings on the property (used for storage, etc.),
           shall be complementary to the primary building. In situations where the accessory or
           utility building is determined to not be visible from the public right-of-way or from
           adjacent properties, the County may consider a “relaxation” of the building design
           standards.

           (4)    Except for alternative energy systems such as solar and wind, all roof and
           ground mounted mechanical equipment shall be screened from view from adjacent
           properties, adjacent roadways and public right-of-way, and parking areas. The
           required screening shall be provided as an integral aspect of the building’s design.

           (5)    Trash enclosures shall be six (6) feet in height, shall be consistent with the
           design of the building(s), and shall be constructed of decorative masonry block with
           metal gates.

           (6)     In addition to the above specified requirements, the Sutter County Commercial
           & Industrial Design Guidelines shall be consulted to develop the overall design of
           buildings and related improvements.

   (b)     Landscaping

           (1)    A minimum fifteen (15) foot wide landscape planter, excluding curbing, shall be
           provided along all Highway 99, Highway 70, and Live Oak Boulevard frontages where
           development is proposed. A minimum ten (10) foot wide landscape planter shall be
           provided along all other road frontages where development is proposed.

                    Within these planters, trees shall be planted at an equivalent rate of one per
           thirty (30) feet of frontage. In order to achieve a uniform appearance within the
           Employment Corridor areas, trees shall be selected from the following listing:
           Evergreens - Afgan/Mondell Pine, Incense Cedar, and Holly Oak; Deciduous - Chinese
           Pistache, European or Common Hackberry, and native oak trees (i.e. Coast Live Oak,
           Blue Oak, Black Oak, and Valley Oak). Selected trees shall include a mix of evergreens
           and deciduous (approximately 50% each). Shrubs and/or vegetative groundcover

                                              71
                                                               Sutter County Zoning Code

selected from the Sutter County Preferred Landscape Plant Materials List shall also be
planted to achieve an ultimate minimum ground coverage of 50% of the planter area
within 15 years.

(2)    A minimum five (5) foot wide landscape planter, excluding curbing, shall be
provided where development is proposed adjacent to residentially zoned properties.
Within this planter, screen trees from the Landscape Plant Materials List shall be
planted in combination with other plant materials to provide a dense visual screen.

(3)    Trees shall be a minimum fifteen (15) gallon size and shrubs shall be a
minimum five gallon size at time of planting and shall be planted in accordance with
County standards.

(4)     Trees and shrubs shall be planted so as to minimize impacts to sidewalks or
individual driveways and away from leach lines as specified on the Landscape Plant
Materials List.

(5)     Trees shall be maintained by property owners to be free from physical damage
or injury arising from lack of water, chemical damage, insects, and diseases. Trees
showing such damage shall be replaced by the same species or similar tree from the
Landscape Plant Materials List. Planting areas shall be kept free from weeds, debris,
and undesirable materials which may be detrimental to safety, drainage, or
appearance.

(6)      Trees, shrubs, hedges, and other plant materials shall be maintained so as not
to create a sight hazard as determined by the Public Works Department. Landscaping
shall not obstruct a driver’s vision of vehicle and pedestrian cross traffic. Within
fifteen (15) feet of any driveway opening, all mature trees shall have a seven (7) foot
foliage clearance and other plant materials shall not exceed thirty (30) inches in height.


(7)     All landscaping shall be within planters separated from parking and driveways
with six inch concrete curbing. No planter shall be smaller than twenty-five (25)
square feet, excluding curbing. Each planter shall include an irrigation system.

(8)    All landscaped areas shall be designed so that plant materials are protected
from vehicle damage or encroachment.

(9)    Not more than twenty-five (25) percent of the planter or landscaped area may
be covered with hard surfaces such as gravel, landscaping rock, artificial turf,
concrete or other impervious materials. Bus shelters are excluded from this limitation.

(10)     Landscaping of parking areas shall comply with the shading requirements
contained in Zoning Code Section 1500-8118(g)(2). Landscape planter “islands” shall
be provided within parking lots to meet the shading requirements and to break up
large expanses of parking spaces. All landscape planter islands shall contain a tree
and be planted with shrubs and ground cover as a minimum, and shall be similar in
size to the adjacent parking stalls.

(11)   All landscaped areas shall comply with the County’s Water Efficient Landscape
Requirements (Division 87 of the Zoning Code).

(12)     In addition to the above specified requirements, the Sutter County Landscape
Design Guidelines shall be consulted to develop the overall landscaping design of the
project.

                                   72
                                                                    Sutter County Zoning Code


(c)   Parking and Circulation

      (1)    Required parking and loading shall be determined based on the standards
      contained in Zoning Code Sections 1500-8110, -8112, and -8114. If the proposed use is
      not specifically listed, the Planning Division shall determine the parking standard and
      required number of spaces based on a review of similar uses contained in the table.

      (2)   Parking space and loading space size, driveway widths, and minimum
      accessways for parking areas shall comply with the standards contained in Zoning
      Code Section 1500-8116.

      (3)     Required public and employee parking spaces, accessways, and display areas
      shall be paved in accordance with the improvement standards of Zoning Code Section
      1500-8118(f)(1). Storage or parking areas that are separated from required parking
      areas, gated, and adequately screened may be gravel surfaced in accordance with
      Zoning Code Section 1500-8118(f)(2).

      (4)    Unless otherwise specified, all other requirements of Division 81 (Parking and
      Loading Requirements) of the Sutter County Zoning Code shall apply.

      (5)     Parking areas shall generally be located to the rear or side of the property
      rather than along street frontages in order to minimize visual impacts.

      (6)     Facilities for pedestrian, bicycle, and vehicle circulation shall be separated to
      the extent feasible. Provide pedestrian walkways, bicycle paths, and parking areas in
      and around the project site which are separated from the vehicular roads and streets
      as much as possible.

      (7)     All loading areas shall generally be located to the sides or rear of buildings or
      other areas where they can be concealed by architectural features and/or landscaping.

      (8)     Driveways shall be minimized and located as far as possible from
      intersections. Maximize sight distances at all intersections and driveways. Locate all
      crossings, driveways, intersections and other transportation facilities (loading bays,
      bus turnouts, bike racks, loading zones, etc.) in locations and designed so that easy
      access is provided with a minimum of conflicts with other uses.

(d)   Walls

      (1)     Walls that are either proposed by the applicant or that are required (i.e. for
      screening purposes, to attenuate noise impacts, etc.) along Highway 99, Live Oak
      Boulevard, Highway 70, or another adjacent road shall be required to be solid, shall be
      located outside of any required landscape planter, and shall be constructed of either
      decorative masonry block (i.e. split face block, masonry block with stucco coat), or
      solid wood frame with stucco coat that complements the design of the building. If the
      wall is required due to noise impacts, it shall be clearly demonstrated that the
      proposed materials and construction will adequately attenuate noise to acceptable
      levels.

      (2)     Properties with customer/employee parking areas that abut parcels developed
      with an existing residence(s) or parcels that would permit the construction of a future
      residence(s) shall construct a minimum 4.5 foot high solid wall (i.e. decorative
      masonry block such as split face or masonry block with stucco coat, or solid wood
      frame with stucco coat) along the shared property boundary that abuts the parking

                                         73
                                                                             Sutter County Zoning Code

               area.

       (e)     Lighting

               (1)     Parking lot lighting shall not exceed 18 feet in total height, and shall be
               oriented and shielded to direct the light downward onto the subject property and not
               spill onto adjacent properties or road right-of-way.

               (2)    Exterior lighting of parking areas and buildings shall comply with Section 1500-
               8118(h)(1).

       (f)     Signs

               Signage shall comply with the requirements of Division 94 of the Zoning Code,
               specifically Zoning Code Section 1500-9485c.

       (g)     Screening

               (1)     To the extent possible, outdoor storage areas shall be located behind buildings
               and to the rear of the property.

               (2)    Screening of storage areas shall be of solid fencing with moderate to fast
               growing evergreen trees, shrubs and/or vines selected from the Preferred Landscape
               Plant Materials List and provided on all sides of the designated storage area to provide
               a dense visual screen. A landscape plan to provide for screening of these areas shall
               be provided to the Planning Division for review and approval.

               (3)     The 15-foot or 10-foot wide required landscape planter referenced in (b)(1)
               above may be used for screening of outdoor storage areas on one or more sides,
               provided the solid fencing is installed adjacent to the planter and the planting of trees
               and/or shrubs within the planter area is sufficiently supplemented to provide a dense
               visual screen of the storage area.


(h) Employment Corridor - Design Review Options

Area of
Evaluation       Standard                                         Options to consider

Building and     At a minimum, the applicant shall select         Materials/Colors
site design      one design feature from each of the three        •Vary construction materials
                 categories listed in the “Options to             •Textured concrete
                 consider” column to the right (minimum of        •Aggregate finish
                 3 total) to incorporate into the project’s       •Building shadow lines
                 design.                                          •Color bands on building, walls
                                                                  •Consistent color scheme, or
                 The overall project design shall address the     variety of compatible color
                 following:                                       schemes, used throughout the
                                                                  project
                 -Provide for variation of materials, colors,     •Other options related to materials
                 and articulation                                 & colors as approved by the
                 -Incorporate architectural treatments to         Planning Division
                 break up uninterrupted expanses of wall
                 -Design of accessory or utility buildings        Articulation/Architecture
                 complementary to primary building                •Bump-outs (vertical or horizontal
                                                  74
                                                                        Sutter County Zoning Code

               -Except for alternative energy systems such    articulation) provided on all sides
               as solar and wind, mechanical equipment        of building
               screened from view                             •Covered porches, balconies,
                                                              parapets, pilasters
                                                              •Varied window shapes and sizes
                                                              •Awnings over windows & doors
                                                              •Other options related to
                                                              articulation & architecture as
                                                              approved by the Planning Division

                                                              Landscaping/Other elements
                                                              •Additional landscaping next to
                                                              building
                                                              •Planter boxes providing
                                                              landscaping in addition to required
                                                              •Trellis with plantings
                                                              •Decorative exterior elements (i.e.
                                                              benches/outdoor seating areas,
                                                              light fixtures, etc.)
                                                              •Other options related to
                                                              landscaping & other elements as
                                                              approved by the Planning Division

Walls/Fences   Walls either proposed by the applicant or      •Decorative masonry block (i.e.
               required along Highway 99, Live Oak            split face block, masonry block
               Boulevard, Highway 70, or another adjacent     with stucco coat
               road shall be required to be solid, shall be   •Solid wood frame with stucco
               located outside of any required landscape      coat
               planter, and shall be constructed of either
               decorative masonry block (i.e. split face
               block, masonry block with stucco coat), or
               solid wood frame with stucco coat that
               complements the design of the building.

               Properties with parking areas that abut
               parcels that allow a residence shall have a
               minimum 4.5’ high masonry wall.




                                              75
                                                                              Sutter County Zoning Code


                                 DIVISION 46
                       LIGHT INDUSTRIAL DISTRICT (M-1)
1500-4610       Purpose:

        This district classification is intended to provide suitable areas for low intensity assembly,
processing or manufacturing activities, product distribution, and related activities, all of which do not
create nuisance or otherwise unacceptable levels of noise, dust, odor, smoke, bright light or vibration
in order to provide for the general welfare. This district is consistent with the Industrial General Plan
land use designation.

1500-4612       Uses Permitted:



                                                                 Zoning         Use         Specific
                       Uses                       Permitted     Clearance      Permit      Standards

 Auto body and painting shop                            X

 Automobile wrecking yard (2)                                                     X
 Building materials and supplies sales that
 are strictly wholesale or cater to the
 building contractor                                    X

 Bulk product storage (indoor)                          X

 Cabinet shop                                           X

 Caretaker and night watchman residence                                           X

 Commercial agricultural processing plants              X

                                                                                           Sec. 1500-
 Commercial coach (temporary)                                                     X          8011B

 Construction and material yards (except                                                   Sec. 1500-
 gravel, rock and cement material yards)                X                                    8025

                                                                                           Sec. 1500-
 Contractors yard                                       X                                    8025

 Crop and tree farming but not including
 commercial nurseries, or the raising of
 any animals other than ordinary                                                           Sec. 1500-
 household pets                                         X                                    8016

 Distribution center                                    X

 Dry cleaning and dyeing plant                          X




                                                   76
                                                                         Sutter County Zoning Code


                                                              Zoning      Use         Specific
                    Uses                         Permitted   Clearance   Permit      Standards

Indoor assembly, processing, fabricating,
treatment, manufacturing, repairing or
packaging of goods that do not create
noise, dust, odor, smoke, bright light,
involve the handling of explosives or
inflammable materials as a primary use, or
otherwise creates offensive conditions at
the property line                                     X

Laundries (commercial)                                X

Liquefied petroleum and pressurized gas
products storage and wholesale                                              X

Lumber yards, retail (2)                              X

Machine shop                                          X
                                                    Not                              Sec. 1500-
Medical Marijuana Dispensaries                   Permitted                            8033 &
                                                                                    1500-9868D

Mini-warehouses                                       X

Office and other ancillary facilities that are
part of and clearly subordinate to the
principal use as listed herein and located
on the same site                                      X

                                                                                     Sec. 1500-
Outdoor sales (temporary)                             X                                8011A

Printing, engraving, lithography and
publishing                                            X

Recycling collection and materials
processing facilities                                                       X

Research and development laboratory                   X

Retail sales, limited (1)                             X

Sales lot and repair of new and used:
automobiles, boats, motorcycles, travel
trailers, recreational vehicles, mobile                                              Sec. 1500-
homes                                                 X                                8025

Sales lot and repair of commercial trucks                                            Sec. 1500-
and trailers and other heavy equipment                X                                8025

Sheet metal shop (2)                                  X

Storage warehouse                                     X

                                                 77
                                                                            Sutter County Zoning Code


                                                               Zoning        Use         Specific
                        Uses                     Permitted    Clearance     Permit      Standards

 Support businesses for permitted uses,
 provided the hours of operation are
 similar to those permitted uses, including
 a coffee shop, delicatessen, cafeteria or
 office supply                                         X

 Tire recapping plant                                  X

 Truck terminals (2)                                   X

 Truck/trailer rental                                  X

 Veterinary hospitals                                  X

 Welding shop (2)                                      X

 Wholesale business                                    X

 Wireless communication facilities                                X            X        Division 95
 Wind energy facilities                                           X            X        Division 93

       (1)     Maximum retail sales area is limited to 15% of the square footage of all buildings with
               products limited to those created on-site or directly related to those created on-site.
       (2)     Uses must be conducted within a building or enclosed within a solid wall or fence of a
               type approved by the Planning Commission, and not less than six (6) feet in height.

1500-4614      Development Standards:


                                  None, except yards required for landscaping. Special criteria
 Minimum Building Site            and exceptions are provided in Sec. 8022(k).

 Maximum Building Height          45 feet, except as provided in Section 1500-8024.

                                  Front - 10 feet.
 Minimum Yards                    Street Side - 10 feet.

                                  Interior Side - None, except when abutting a residential district
                                    then 15 feet.
                                  Rear - None, except when abutting a residential district or for a
                                    through lot where neighboring uses have front yards, then 15
 Minimum Yards                      feet.

 Exterior Lighting                As provided in Section 1500-8118(h).

 Fences, Walls, Hedges and
 Intersection Visibility          As provided in Section 1500-8022(c).

 Landscaping                      As provided in Section 1500-8022(i).

 Off-street Parking and
 Loading                          As provided in Sections 1500-8110 through 8118.

                                                  78
                                                                     Sutter County Zoning Code

Public Improvements         As provided in Section 1500-8015.

Signs                       As provided in Sections 1500-9410 through 9485.

Trash Enclosure Screening   As provided in Section 1500-8022(i)(5)(B).

Design Review               As provided in Division 85.

Public Road Frontage        See “Lot” definition in Section 1500-9868.




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                                                                             Sutter County Zoning Code


                            DIVISION 49
                  GENERAL INDUSTRIAL DISTRICT (M-2)

1500-4910      Purpose:

         This district classification is established to provide areas for a full range of industrial,
manufacturing and related uses to expand the economic base, employment opportunities and provide
for the general welfare. Due to potential high intensity operational characteristics and features, this
district should be located away from residential neighborhoods and other potentially sensitive uses.
This district is consistent with the Industrial General Plan land use designation.

1500-4912      Uses Permitted:



                                                                Zoning        Use         Specific
                     Uses                        Permitted     Clearance     Permit      Standards

 All "permitted uses" in the M-1 District              X

 Bulk petroleum storage and wholesale                                           X

 Bulk product storage (indoor)                         X

 Canneries                                             X

 Caretaker or night watchman residence                                          X

 Cement and asphalt batch plants                                                X
                                                                                         Sec. 1500-
 Commercial coach (temporary)                                                   X          8011B

 Commercial fruit dryers and dehydrators
 other than those incidental to an
 agricultural operation on the property                X

 Dismantling yard (i.e., auto, truck and
 heavy equipment) (2)                                                           X

 Explosive, inflammable or hazardous
 material handling as a primary use                                             X

 Feed lots and stock yards - commercial                                         X

 Flea market                                                                    X

 Food processing operations                            X

 Gravel crushing or processing                                                  X

 Lumber yards, mills - wholesale                       X
                                                    Not                                   Sec. 1500-
 Medical Marijuana Dispensaries                  Permitted                                 8033 &
                                                                                         1500-9868D

                                                  80
                                                                            Sutter County Zoning Code


                                                               Zoning        Use         Specific
                    Uses                        Permitted     Clearance     Permit      Standards

Metal scrap yard, junk yard (2)                                                X

Outdoor assembly, processing,
fabricating, treatment, manufacturing,
repairing or packaging of goods that do
not create significant noise, dust, odor,
smoke, bright light, or otherwise creates
offensive conditions at the property line             X

Outdoor assembly, processing,
fabricating, treatment, manufacturing,
repairing or packaging of goods that
create significant noise, dust, odor,
smoke, bright light, or otherwise creates
offensive conditions at the property line                                      X

                                                                                        Sec. 1500-
Outdoor sales (temporary)                             X                                   8011A

Pottery kilns and ceramic works of heavy
industrial types                                      X

Recycling collection and materials
processing facilities                                                          X

Retail sales, limited (1)                             X

Wireless communication facilities                                 X            X        Division 95

Wood pulp processing                                                           X
Wind energy facilities                                            X            X        Division 93

      (1)      Maximum retail sales area is limited to 15% of the square footage of all buildings with
               products limited to those created on-site or directly related to those created on-site.

      (2)      Uses must be conducted within a building or enclosed within a solid wall or fence
               of a type approved by the Planning Commission, and not less than six (6) feet in
               height.




                                                 81
                                                                           Sutter County Zoning Code

1500-4914      Development Standards:


                              None, except yards required for landscaping. Special criteria and
 Minimum Building Site        exceptions are provided in Section 1500-8022(k).

 Maximum Building Height      45 feet, except as provided in Section 1500-8024.

                              Front - 10 feet.
                              Street Side - 10 feet.
                              Interior Side - None, except when abutting a residential district
                              then 15 feet.
                              Rear - None, except when abutting a residential district or for a
                              through lot where neighboring uses have front yards then, 15
 Minimum Yards                feet.

 Exterior Lighting            As provided in Section 1500-8118(h).

 Fences, Walls, Hedges and
 Intersection Visibility      As provided in Section 1500-8022(c).

 Landscaping                  As provided in Section 1500-8022(i).

 Off-street Parking and
 Loading                      As provided in Sections 1500-8110 through 8118.

 Public Improvements          As provided in Section 1500-8015.

 Signs                        As provided in Sections 1500-9410 through 9485.

 Trash Enclosure Screening    As provided in Section 1500-8022(i)(5)(B).

 Design Review                As provided in Division 85.

 Public Road Frontage         See “Lot” definition in Section 1500-9868.




                                              82
                                                                              Sutter County Zoning Code


                           DIVISION 52
               LIMITED MANUFACTURING DISTRICT (ML)

1500-5210       Purpose:

       This district is designed to accommodate a limited group of business, professional, research
and technical manufacturing uses which may have unusual requirements for space, light and air, and
the operations of which are clean and quiet in order to provide for the general welfare. This district is
consistent with the Industrial General Plan land use designation.

1500-5212       Uses Permitted:



                                                                 Zoning         Use         Specific
                     Uses                        Permitted      Clearance      Permit      Standards

 Commercial and Professional Offices                    X

 Research institutes and laboratories.(1)               X

 Electrical and electronic products and
 instrument manufacturing. (1)                          X

 Bookbinding, printing and lithography.(1)              X

 Cartography.(1)                                        X

 Editorial and designing.(1)                            X

 Garment manufacturing, paper products
 manufacturing.(1)                                      X

                                                     Not                                   Sec. 1500-
 Medical Marijuana Dispensaries                   Permitted                                 8033 &
                                                                                          1500-9868D

 Wireless communication facilities                                  X             X       Division 95

 Wind energy facilities                                             X             X       Division 93

        (1)     Noise, smoke, dust, odors and other such offensive features shall be confined to the
                premises of each such use.




                                                   83
                                                                      Sutter County Zoning Code

1500-5214      Development Standards:


 Building Height Limit                         40 feet, except as provided in Section 1500-
                                               8024.

 Minimum Lot Size                              10,000 square feet. Special criteria and
                                               exceptions are provided in Section 1500-
                                               8022(k).

 Front Yard                                    20 feet

 Side Yards                                    20 feet

 Rear Yard                                     20 feet

 Exterior Lighting                             As provided in Section 1500-8118(h).

 Fences, Walls, Hedges and Intersection
 Visibility                                    As provided in Section 1500-8022(c).

 Landscaping                                   As provided in Section 1500-8022(i).

                                               As provided in Sections 1500-8110 through
 Off-street Parking and Loading                8118.

 Public Improvements                           As provided in Section 1500-8015.

                                               As provided in Sections 1500-9410 through
 Signs                                         9485.

 Trash Enclosure Screening                     As provided in Section 1500-8022(i)(5)(B).

 Design Review                                 As provided in Division 85.

 Public Road Frontage                          See “Lot” definition in Section 1500-9868.




                                          84
                                                                       Sutter County Zoning Code


                      DIVISION 53
     THE SUTTER POINTE SPECIFIC PLAN LAND USE AND
                 DEVELOPMENT CODE

Please refer to the Sutter Pointe Specific Plan Land Use and Development Code that is a separate
stand-alone Zoning Code for the Sutter Pointe Specific Plan adopted June 30, 2009, by Ordinance
1505.




                                              85
                                                                              Sutter County Zoning Code


                         DIVISION 57
            MOBILE HOME SUBDIVISION DISTRICT (M-H-S)
1500-5710      Purpose:

        This district classification is intended to be applied to those portions of the county where the
public interest may be served by the establishment of a mobile home on individual lots within a
recorded subdivision as a means of human habitation; such use shall be subject to performance
standards considered necessary for the public health, safety, general welfare and for the orderly
growth and development of the area. The MHS District is consistent with the Low Density Residential
General Plan land use designation.

1500-5712       Uses Permitted:



                                                               Zoning        Use         Specific
 Use                                               Permitted   Clearance     Permit      Standards

 One mobile home on a lot of record                      X

 Garage or carport                                       X

 Accessory buildings and uses                            X

 Crop or tree farming                                    X

                                                      Not                                  Sec. 1500-
 Medical Marijuana Dispensaries                    Permitted                                8033 &
                                                                                          1500-9868D

 Recreational centers and other outdoor
 recreational facilities                                 X

 Wind energy facilities                                             X                     Division 93


1500-5714      Development Standards:


                                        5,445 sq. ft., 6,000 sq. ft. for corner lots; when served by
                                        public sewer and water systems.
                                        10,000 sq. ft. when served by private water and public
                                        sewer.
                                        15,000 sq. ft. when served by public water and private
                                        sewer.
                                        Special criteria and exceptions are provided in Sec.
 Minimum Lot Area                       8022(k).

 Minimum Lot Width                      50 feet.

 Maximum Main Building Coverage         40% of lot area.

 Minimum Front Yard                     15 feet.
                                                    86
                                                                               Sutter County Zoning Code


                                         5 feet. The side yard on the street side of each corner lot
                                         shall not be less than 10 feet. Driveways leading to
                                         permanent parking spaces shall be at least twenty (20) feet
 Minimum Side Yards                      in length, exclusive of the public right-of-way.

 Minimum Rear Yard                       20 feet.

 Public Road Frontage                    See “Lot” definition in Section 1500-9868.


1500-5716       Performance Standards:

       (a)    The exterior and roofing of the structure shall be constructed of material customarily
used in conventional residential structures.

        (b)     The roof shall have eave and gable overhangs (measured from the vertical side of the
structure) not less than that customarily found on conventional residential structures.

       (c)     The area between bottom of the structure and the ground shall be enclosed with
materials similar to the exterior material covering of the structure. A solid concrete or masonry
perimeter foundation or other skirting materials used with conventional residential structures shall be
provided along all sides of the mobile home.

         (d)    The exterior and roofing of the garage or carport shall be of similar material as utilized
in the residential structure.

       (e)     An awning having a dimension of not less than 10 feet x 20 feet shall be provided which
may be utilized as a patio or carport.

      (f)       Installation of curb and gutter may be required if deemed necessary for drainage
purposes.

        (g)     Recreational vehicles, camping trailers, boats and other similar such items shall be
stored on the rear half of the lot or within a separate enclosed storage yard. All other materials shall
be maintained within a completely enclosed storage structure.

       (h)    Prior to the issuance of any necessary building permit, the applicant shall acknowledge
by his signature receipt of the performance standards as set forth in this section and such
acknowledgment shall include agreement to meet said performance standards.
       (i)    All mobile homes shall carry a current state license if not located upon a permanent
foundation.

       (j)    All mobile homes shall bear the tag or shield of approval of the California State
Department of Housing and Community Development in accordance with the Health and Safety Code
or have otherwise complied with the requirements of the said State Department to bear this seal.

       (k)    No M-H-S Zone shall be applied except as to a subdivision recorded pursuant to all of
the provisions of the Sutter County Subdivision Ordinance, Chapter 1400 of the Sutter County
Ordinance Code, as presently written or hereinafter amended. A recommended change of zone to the
M-H-S Zone shall not become final until the Final Map is recorded.

         (l)    The minimum site that may be zoned M-H-S (Mobile Home Subdivision) shall be ten (10)
acres.
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                                                                              Sutter County Zoning Code


        (m)     Standards of this section shall be completed prior to the date of the final inspection of
the Sutter County Mobile home Permit by the Building Inspection Program which authorizes
occupancy of the mobile home. Failure to complete such standards within the specified time shall
constitute sufficient cause to initiate proceedings to revoke any Zoning Clearance issued.

       (n)     In addition to parking as required elsewhere in this Chapter, each mobile home
subdivision shall provide one (1) guest parking space for each eight (8) mobile homes located within
the mobile home subdivision. The guest parking spaces shall be distributed throughout the mobile
home subdivision with no single concentration of guest parking exceeding 25% of the required
spaces. Additional guest parking spaces may be allowed at the discretion of the applicant.

1500-5718       Zoning Clearance:

         No building permit or occupancy permit shall be issued for the establishment of a mobile home
on any parcel of land under the provisions of this section, unless and until a Zoning Clearance has
been issued by the Community Services Department of the County of Sutter. Such clearance shall be
accompanied by an acknowledgment by the applicant of a receipt of the performance standards set
forth in this section and such acknowledgment shall include an agreement to meet said standards.




                                                   88
                                                                              Sutter County Zoning Code


                                    DIVISION 58
                               AIRPORT DISTRICT (AV)

1500-5810       Purpose:

        This district classification is intended to be applied to properties used, or planned to be used,
as airports, and where special regulations are necessary for the protection of life, property and the
general welfare. The AV District is consistent with the Industrial General Plan land use designation.

1500-5812       Uses Permitted:



                                                                 Zoning         Use         Specific
                      Uses                        Permitted     Clearance      Permit      Standards

 Accessory structures and facilities
 including aircraft and aviation accessory
 sales                                                  X

 Aircraft storage, service and repair
 hangars                                                X

 Aircraft fueling facilities                            X

 Lighting, radio and radar facilities                   X

                                                     Not                                   Sec. 1500-
 Medical Marijuana Dispensaries                   Permitted                                 8033 &
                                                                                          1500-9868D

 Paved runways, taxiways, landing strips
 and aprons                                             X

 Passenger and freight terminal facilities              X

 Public buildings and facilities                        X

 Underground utility installations and
 above ground installations for local
 service, including communication
 equipment buildings, substations,
 generating plants and gas holders must be
 approved by the Planning Commission
 prior to construction, and the route of any
 proposed transmission line other than any
 communication line must be discussed in
 detail with the Planning Commission prior
 to acquisition                                                                   X

 Wind energy facilities                                             X                      Division 93



                                                   89
                                                                               Sutter County Zoning Code


                                      DIVISION 59
                                   PUBLIC DISTRICT (P)

1500-5910        Purpose:

         This district classification is intended to provide for the general welfare with areas for public
facilities in which parks, governmental, educational, utility, and other community facilities of a public
nature are the principal use. The district may be used for private facilities when combined together
with Planned Development Combining District (PD). This district is consistent with all General Plan
land use designations.

1500-5912        Uses Permitted:



                                                                Zoning        Use          Specific
 Use                                              Permitted     Clearance     Permit       Standards

 Cemeteries                                             X

 Community centers                                      X

 Community colleges                                     X

 Community theaters                                     X

 Courthouses                                            X

 Fairgrounds                                            X

 Fire stations                                          X

 Libraries                                              X

                                                     Not                                    Sec. 1500-
 Medical Marijuana Dispensaries                   Permitted                                  8033 &
                                                                                           1500-9868D

 Museums                                                X

 Park and Ride lots                                     X

 Police and Sheriff stations                            X

 Post offices                                           X

 Public agency corporation yards                                                  X

 Public administrative offices                          X

 Public airports and associated uses,
 accessory structures and facilities                    X

 Public parks                                           X

                                                   90
                                                                           Sutter County Zoning Code


                                                             Zoning        Use        Specific
 Use                                           Permitted     Clearance     Permit     Standards

 Public playgrounds and playing fields
                                                      X

 Public kindergarten, elementary, junior
 high and high schools                                X

 State colleges and universities                      X

 Wireless communication facilities                                X           X        Division 95

 Wind energy facilities                                           X           X        Division 93


1500-5914      Development Standards:

        Since these land uses are unique, and may have a variety of adjacent land uses, except where
preempted by state law, the development standards will be determined for individual projects by the
Community Services Director through the site plan approval process. Primary influencing factors shall
include the character of the surrounding development as well as General Plan land use designations
and applicable policies.




                                                 91
                                                                                Sutter County Zoning Code


                               DIVISION 60
                       SUTTER BUTTES OVERLAY ZONE

1500-6010       Purposes:

        The Board of Supervisors finds that the Sutter Buttes constitute a significant historic, cultural,
scenic, and geographic feature of the area. Dubbed “the smallest mountain range in the world,” the
Sutter Buttes rise to over 2,100 feet above sea level and provide the only geographic relief in the
otherwise level Sacramento Valley. This range is considered by the Maidu (a Native American people)
as the spiritual center from which life originated. (See Sutter County General Plan 2015, Background
Report, pp. 8-1 through 8-2.)

        The Sutter County General Plan recognizes that the visual quality of the natural environment
contributes to the overall image of a community. The General Plan requires preservation and
protection of such visual and scenic resources. (See Sutter County General Plan 2015, p. 17.) Policies
of the Sutter County General Plan mandate that views of the Sutter Buttes be protected. (Sutter County
General Plan 2015, p. 17.)

        Development in certain areas of high or critical visual sensitivities, such as on ridgelines, is
particularly damaging to the Sutter Buttes’ scenic and cultural qualities.

        It is therefore in the best interest of the residents of Sutter County, in preserving the cultural,
historic, geologic, and visual values of the Sutter Buttes, that specific development standards be
applied in the Sutter Buttes.

1500-6020       Applicability of Ordinance:

        This Division applies to the building of any structure in the Sutter Buttes for which a building
permit is required, except expansions, replacements, or modifications to existing agricultural
buildings and other existing structures, such as the cross on the north side of Pass Road. Existing
residences are also exempt provided that such modifications do not increase existing heights of the
house. The Food Processing, Agricultural and Recreational Combining District (FPARC) is exempt
from the provisions of this division.

1500-6025       Definitions:

        (a)     Sutter Buttes: For purposes of this Division, in the “Sutter Buttes” means any point
        within the area known generally as the Sutter Buttes as shown on the Sectional District Map
        adopted by the Board of Supervisors.

        (b)     Ridgeline:      A ridgeline is the crest of a ridge formed by hillsides, otherwise referred
        to as the drainage divide.

        (c)     Hillside:     A hillside is any area either between a ridgeline and a valley floor or
        between ridgelines. The line of demarcation between the valley floor and a hillside is the edge
        of the alluvial fan.

        (d)      Valley Floor:   The valley floor consists of nearly level to gently sloping areas on
        alluvial fans.



                                                    92
                                                                         Sutter County Zoning Code

1500-6030   Development and Siting Standards for Ridgelines:

      (a)   Applicability:

            (1)    This section applies to all structures, constructed within the established
            boundary of the Sutter Buttes, any portion of which extends above the elevation of the
            nearest ridgeline as defined by this chapter.

            (2)    This section does not apply to structures that are not visible from public roads
            or from adjacent residences.

      (b)   Performance Standards for Residences:

            (1)     Site plans shall be to scale and shall include in reasonable detail the proposed
            structure location, topography, existing vegetation, any proposed landscaping,
            proposed driveway and parking layout, and proposed grading.

            (2)     A detailed landscape plan shall be submitted that must clearly demonstrate
            that the structure can be blended into the natural terrain. In such event, a zoning
            clearance may be issued.

            (3)    Structures shall be designed to blend with the natural terrain to preserve the
            character and profile of the natural slope. Some techniques that may be utilized
            include split pads, stepped footings, and grade separations to permit structures to
            step-up the natural slope.

            (4)     A majority of the roof area visible from public roads or adjacent residences
            shall be designed to conform to the angle of the slope. If the slope is less than 33.3%,
            the roof pitch will not be regulated by this division.

            (5)     Structures shall be located and sited so as to minimize grading, tree removal,
            and visibility from common public viewing areas.

            (6)     Colors of buildings shall be selected to blend with the natural colors and hues
            of the surrounding hillsides, such as off-white, browns, greens, or other earth tones.

            (7)    Roof materials shall be of non-reflective, fire-retardant material. Roof colors
            should be of darker tones. Bright colors shall be avoided.

            (8)    New roads and driveways shall be sited to reduce visibility from public views
            by incorporating existing and/or proposed vegetation and topography.

            (9)    Roads shall be designed to minimize grading, erosion, and scarring by siting
            roads to conform to natural topography and by incorporating proper erosion and
            drainage controls.

            (10)   All exterior lighting, except that designed for temporary emergency use, shall
            be shielded so as to direct lighting downward and to limit glare onto adjacent
            properties.

            (11)   All cut-and-fill slopes more than three feet in vertical elevation shall be
            landscaped. Proposed plants shall be selected from the Sutter County Design
            Guidelines’ Preferred Plant Materials List for the Sutter Buttes. All landscaped areas

                                              93
                                                                    Sutter County Zoning Code

      shall be irrigated, until such time the proposed vegetation becomes established.
      Landscaped areas on the cut-and-fill slopes shall be maintained.

      (12)    Notwithstanding provisions in this chapter for preserving, landscaping or
      screening with native trees and vegetation, building sites shall be maintained at all
      times for fire safety in accordance with the standards contained in Public Resources
      Code 4291.

(c)   Performance Standards for Agricultural Buildings and Other Structures:

      (1)     Site plans shall be to scale and shall include in reasonable detail the proposed
      structure location, topography, existing vegetation, any proposed landscaping,
      proposed driveway and parking layout, and proposed grading.

      (2)    Structures shall be designed to blend with the natural terrain to preserve the
      character and profile of the natural slope. Some techniques that may be utilized
      include split pads, stepped footings, and grade separations to permit structures to
      step-up the natural slope.

      (3)     Structures shall be located and sited so as to minimize grading, tree removal,
      and visibility from common public viewing areas.

      (4)     Colors of buildings shall be selected to blend with the natural colors and hues
      of the surrounding hillsides, such as off-white, browns, greens, or other earth tones.

      (5)     Roof materials shall be of non-reflective, fire-retardant material. Colored metal
      roofs are acceptable. Roof colors should be of darker tones. Bright colors shall be
      avoided.

      (6)    New roads and driveways shall be sited to reduce visibility from public views
      by incorporating existing and/or proposed vegetation and topography.

      (7)    Roads shall be designed to minimize grading, erosion, and scarring by siting
      roads to conform to natural topography and by incorporating proper erosion and
      drainage controls.

      (8)    All exterior lighting, except that designed for temporary emergency use, shall
      be shielded so as to direct lighting downward and to limit glare onto adjacent
      properties.

      (9)     All cut-and-fill slopes more than three feet in vertical elevation shall be
      landscaped. Proposed plants shall be selected from the Sutter County Design
      Guidelines’ Preferred Plant Materials List for the Sutter Buttes. All landscaped areas
      shall be irrigated, until such time the proposed vegetation becomes established.
      Landscaped areas on the cut-and-fill slopes shall be maintained.

      (10)    Notwithstanding provisions in this chapter for preserving, landscaping or
      screening with native trees and vegetation, building sites shall be maintained at all
      times for fire safety in accordance with the standards contained in Public Resources
      Code 4291.

(d)   Performance Standards for Wireless Communication Facilities:


                                         94
                                                                         Sutter County Zoning Code

            (1)     In addition to the development and siting standards required in Section 1500-
            9525 of the Zoning Code, wireless communication facilities shall utilize camouflaging
            techniques to blend the tower and equipment into the natural setting of the Sutter
            Buttes.

1500-6031   Development and Siting Standards on Hillsides:

      (a)   Applicability:

            (1)   This section applies to all structures constructed within the established
            boundary of the Sutter Buttes, on hillsides as defined by this chapter.

            (2)    This section does not apply to structures that are not visible from public roads
            or from adjacent residences.

      (b)   Performance Standards for Residences:

            (1)     Site plans shall be to scale and shall include in reasonable detail the proposed
            structure location, topography, existing vegetation, any proposed landscaping,
            proposed driveway and parking layout, and proposed grading.

            (2)    Structures shall be designed to blend with the natural terrain to preserve the
            character and profile of the natural slope. Some techniques that may be utilized
            include split pads, stepped footings, and grade separations to permit structures to
            step-up the natural slope.

            (3)     A majority of the roof area visible from public roads or adjacent residences
            shall be designed to conform to the angle of the slope. If the slope is less than 33.3%,
            the roof pitch will not be regulated by this division.

            (4)     Structures shall be located and sited so as to minimize grading, tree removal,
            and visibility from common public viewing areas.

            (5)     Colors of buildings shall be selected to blend with the natural colors and hues
            of the surrounding hillsides, such as off-white, browns, greens, or other earth tones.

            (6)    Roof materials shall be of non-reflective, fire-retardant material. Roof colors
            should be of darker tones. Bright colors shall be avoided.

            (7)    New roads and driveways shall be sited to reduce visibility from public views
            by incorporating existing and/or proposed vegetation and topography.

            (8)    Roads shall be designed to minimize grading, erosion, and scarring by siting
            roads to conform to natural topography and by incorporating proper erosion and
            drainage controls.

            (9)    All exterior lighting, except that designed for temporary emergency use, shall
            be shielded so as to direct lighting downward and to limit glare onto adjacent
            properties.

            (10)   All cut-and-fill slopes more than three feet in vertical elevation shall be
            landscaped. Proposed plants shall be selected from the Sutter County Design
            Guidelines’ Preferred Plant Materials List for the Sutter Buttes. All landscaped areas

                                              95
                                                                    Sutter County Zoning Code

      shall be irrigated, until such time the proposed vegetation becomes established.
      Landscaped areas on the cut-and-fill slopes shall be maintained.

      (11)    Notwithstanding provisions in this chapter for preserving, landscaping or
      screening with native trees and vegetation, building sites shall be maintained at all
      times for fire safety in accordance with the standards contained in Public Resources
      Code 4291.

(c)   Performance Standards for Agricultural Buildings and Other Structures:

      (1)     Site plans shall be to scale and shall include in reasonable detail the proposed
      structure location, topography, existing vegetation, any proposed landscaping,
      proposed driveway and parking layout, and proposed grading.

      (2)    Structures shall be designed to blend with the natural terrain to preserve the
      character and profile of the natural slope. Some techniques that may be utilized
      include split pads, stepped footings, and grade separations to permit structures to
      step-up the natural slope.

      (3)     Structures shall be located and sited so as to minimize grading, tree removal,
      and visibility from common public viewing areas.

      (4)     Colors of buildings shall be selected to blend with the natural colors and hues
      of the surrounding hillsides, such as off-white, browns, greens, or other earth tones.

      (5)     Roof materials shall be of non-reflective, fire-retardant material. Colored metal
      roofs are acceptable. Roof colors should be of darker tones. Bright colors shall be
      avoided.

      (6)    New roads and driveways shall be sited to reduce visibility from public views
      by incorporating existing and/or proposed vegetation and topography.

      (7)    Roads shall be designed to minimize grading, erosion, and scarring by siting
      roads to conform to natural topography and by incorporating proper erosion and
      drainage controls.

      (8)    All exterior lighting, except that designed for temporary emergency use, shall
      be shielded so as to direct lighting downward and to limit glare onto adjacent
      properties.

      (9)     All cut-and-fill slopes more than three feet in vertical elevation shall be
      landscaped. Proposed plants shall be selected from the Sutter County Design
      Guidelines’ Preferred Plant Materials List for the Sutter Buttes. All landscaped areas
      shall be irrigated, until such time the proposed vegetation becomes established.
      Landscaped areas on the cut-and-fill slopes shall be maintained.

      (10)    Notwithstanding provisions in this chapter for preserving, landscaping or
      screening with native trees and vegetation, building sites shall be maintained at all
      times for fire safety in accordance with the standards contained in Public Resources
      Code 4291.

(d)   Performance Standards for Wireless Communication Facilities:


                                         96
                                                                          Sutter County Zoning Code

            (1)     In addition to the development and siting standards required in Section 1500-
            9525 of the Zoning Code, wireless communication facilities shall utilize camouflaging
            techniques to blend the tower and equipment into the natural setting of the Sutter
            Buttes.

1500-6032   Development and Siting Standards on the Valley Floor:

      (a)   Applicability:

            (1)   This section applies to all structures constructed within the established
            boundaries of the Sutter Buttes, on the valley floor as defined by this chapter.

            (2)    This section does not apply to structures that are not visible from public roads
            or from adjacent residences.

      (b)   Performance Standards for Residences:

            (1)     Site plans shall be to scale and shall include in reasonable detail the proposed
            structure location, topography, existing vegetation, any proposed landscaping,
            proposed driveway and parking layout, and proposed grading.

            (2)      Structures shall be located and sited so as to minimize tree removal and
            visibility from common public viewing areas.

            (3)     Colors of buildings shall be selected to blend with the natural colors and hues
            of the surrounding hillsides, such as off-white, browns, greens, or other earth tones.

            (4)    Roof materials shall be of non-reflective, fire-retardant material. Roof colors
            should be of darker tones. Bright colors shall be avoided.

            (5)    All exterior lighting, except that designed for temporary emergency use, shall
            be shielded so as to direct lighting downward and to limit glare onto adjacent
            properties.

            (6)     Notwithstanding provisions in this chapter for preserving, landscaping or
            screening with native trees and vegetation, building sites shall be maintained at all
            times for fire safety in accordance with the standards contained in Public Resources
            Code 4291.

      (c)   Performance Standards for Agricultural Buildings and Other Structures:

            (1)     Site plans shall be to scale and shall include in reasonable detail the proposed
            structure location, topography, existing vegetation, any proposed landscaping,
            proposed driveway and parking layout, and proposed grading.

            (2)      Structures shall be located and sited so as to minimize tree removal and
            visibility from common public viewing areas.

            (3)     Colors of buildings shall be selected to blend with the natural colors and hues
            of the surrounding hillsides, such as off-white, browns, greens, or other earth tones.

            (4)     Roof materials shall be of non-reflective, fire-retardant material. Colored metal
            roofs are acceptable. Roof colors of darker tones are preferred, but galvanized metal

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               roofs are acceptable. Bright colors shall be avoided.

               (5)    All exterior lighting, except that designed for temporary emergency use, shall
               be shielded so as to direct lighting downward and to limit glare onto adjacent
               properties.

               (6)     Notwithstanding provisions in this chapter for preserving, landscaping or
               screening with native trees and vegetation, building sites shall be maintained at all
               times for fire safety in accordance with the standards contained in Public Resources
               Code 4291.

       (d)     Performance Standards for Wireless Communication Facilities:

               (1)     In addition to the development and siting standards required in Section 1500-
               9525 of the Zoning Code, wireless communication facilities shall utilize camouflaging
               techniques to blend the tower and equipment into the natural setting of the Sutter
               Buttes.

1500-6035      Review and Approval Process:

       (a)     Zoning Clearance:

              Before issuance of a building permit for a structure in the Sutter Buttes, a zoning
       clearance shall be obtained from the Sutter County Community Services Department.

       (b)     Application:

              The application for a zoning clearance shall include a site plan and other information
       as required by the Community Services Director. The site plan shall provide for the
       preservation of ridgelines in their natural state.

              No project shall be approved unless it provides for visual analysis documentation as
       required by the Community Services Director. Such documentation shall include photographs,
       and one of the following: (1) sketches, (2) renderings, photo simulations, or (3) three
       dimensional scale models of the site.

               Within 10 days of receipt of an application for a permit, the Community Services
       Director shall notify the applicant whether the application is complete or not. Once the
       application has been determined to be complete by the Director, the Director shall, within 20
       days, approve, disapprove, or approve with modification of the application in conformation
       with the requirements of this Division.

                Before any approval or disapproval of a zoning clearance is rendered by the
       Community Services Director or by the Board of Supervisors, ten days written notice shall be
       given to the property owners owning property within 400 feet of the project property as shown
       on the latest Sutter County equalized assessment roll. Notice shall be effective when mailed by
       first class U. S. Mail. Such other notice as the County deems appropriate may be given.

1500-6040      Appeals:

        Any decision made by the Community Services Director under this Division may be appealed
to the Sutter County Board of Supervisors. Any appeal shall be filed within ten days of the date of the
Community Services Director’s decision and shall be filed with the clerk to the Board of Supervisors.

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The Board of Supervisors shall conduct an appeal hearing within 15 days of receipt of the appeal.
Following the appeal hearing, the Board may deny the appeal, grant the appeal, or grant the appeal
with modifications to the project.




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                          DIVISION 61
               AGRICULTURAL COMBINING DISTRICT (A)

1500-6110       Purpose:

         This district is established in order to provide for additional uses common to residential areas
located in the more rural areas of the county. The following regulations shall apply in all "R" Districts
with which are combined "A" Districts in addition to the regulations established for the specific
districts, and shall be subject to the provisions of Sections 1500-8010 to 1500-8022, inclusive;
provided, however, that if any of the regulations specified in this Section differ from any
corresponding regulations specified in this Chapter for any district with which an "A" District is
combined then in such case, the provisions of Sections 1500-8010 to 1500-8022 shall apply.



1500-6112       Uses Permitted:


                                                                 Zoning        Use         Specific
                     Uses                         Permitted     Clearance     Permit      Standards

 All uses permitted in the respective district
 with which the "A" District is combined                X

 Animal husbandry including large animals                                                Only on lots
 such as cattle, horses and hogs at a                                                   not less than
 density of two such animals per 10,000                                                 10,000 square
 square feet of lot area*                               X                                feet in area

                                                                                         Only on lots
                                                                                         not less than
 Commercial agricultural uses as permitted                                                one acre in
 by Use Permit within the AG District                                           X             size
                                                                                              No
                                                                                         commercial
                                                                                         structure for
                                                                                        such purpose,
                                                                                         other than a
                                                                                          temporary
 Sale of agricultural products produced on                                              stand, shall be
 the premises                                           X                                  permitted

                                                                                         Only on lots
 Veterinarians, dog and cat kennels, riding                                             not less than
 rings, commercial stables, retail nursery                                              20,000 square
 sales                                                                          X        feet in area

                                                                                         Only on lots
                                                                                        not less than
                                                                                        20,000 square
 Veterinary hospitals                                                           X        feet in area

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                                                                 Zoning         Use         Specific
                     Uses                         Permitted     Clearance      Permit      Standards

                                                                                          Only on lots
                                                                                         not less than
 Retail sales of nursery products grown on                                               20,000 square
 the premises                                                                    X        feet in area

* The keeping of animals is subject to all Environmental Health Program requirements.

1500-6114       Special Yards and Distances Between Buildings:

         Barns, stables, chicken houses, and similar accessory buildings shall be not less than fifty (50)
feet from the front property line, not less than ten (10) feet from any side property line, nor less than
fifty (50) feet from any residence.




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                                                                             Sutter County Zoning Code


                    DIVISION 63
     PLANNED DEVELOPMENT COMBINING DISTRICT (PD)

1500-6310      Application of Division Provisions:

      The specific regulations set forth in this Division shall apply to all Planned Development
Combining Districts (PD Combining).

1500-6312      Purposes:

       The purposes of this Division are:

       (a)     To encourage creative and more efficient approaches to the use of land through lot
design, use of open space, mixture of land usage and/or densities, adjustment of setbacks or other
means to create a better environment; or

       (b)    To allow development whose type, or design, require special consideration in order to
assure compatibility with adjacent land use.

1500-6314      Establishment of Planned Development Combining Districts:

         A Planned Development Combining District (PD) classification may be combined with other
district classifications (basic district) applied to land to satisfy the purposes of this Division if
approved by the Board of Supervisors following a duly noticed public hearing. Applications for the
establishment of a Planned Development Combining District shall include the following information in
the form of a development plan to the satisfaction of the Planning Commission:

       (a)     A statement of the proposed usage of the area covered, including:

               (1)     Specific uses to be allowed in the area;

               (2)     Special design limitations to be imposed on the proposed development of the
               area; and

               (3)    Landscaping, screening, and aesthetic minimums for the proposed
               development; and


       (b)     A site plan, drawn to scale, showing:

               (1)     The boundaries of the property;

               (2)     The existing and proposed topography;

               (3)     The width, location, names and any proposed dedication and improvement of
               the adjacent streets.

               (4)      The location, dimensions, floor area, and uses of all existing and proposed
               buildings and structures in the area, including floor plans, as well as identification of
               all septic and well features;


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               (5)     All proposed landscaping and associated maintenance facilities;

               (6)     The layout of the parking facilities and internal circulation;

               (7)     Any signing for the development, including its location, size, shape and height;

               (8)     The location, dimensions and composition of any fences or walls;

               (9)     The pedestrian and vehicular ways within and adjacent to the area; and

               (10)     Any other specific information deemed necessary by the Planning Commission
               for the review of the specific project.

         Any of the information required by this section may be waived by the Planning Commission
provided sufficient regulation is specified in the development plan to accomplish the purposes set
forth in this Division.

        After a PD classification has been applied to a parcel of land and a development plan has been
adopted by the Board of Supervisors, no development, land improvement, building construction or
use of land shall be commenced which is not in conformity with the adopted and currently valid
development plan for the subject property. Failure to comply with this provision will constitute a
violation of the provisions of this chapter.

1500-6316      Uses Permitted:

         All uses which are permitted in the district to which the Planned Development Combining
District is applied, including uses which are only allowed by use permit, shall be permitted providing
those uses are approved and made a part of the development plan as provided in Section 1500-6314 of
this Division. Additional uses which support an approved use which additional uses would not
otherwise be permitted in the basic district, may be approved in a development plan where there is a
clear demonstration that the use is intended to serve the development, and the use would be
consistent with the General Plan for the area.

1500-6318      Density:

       The density of the development shall be limited to the density allowed by the base district and
the General Plan.


1500-6320      Lot Area:

       The minimum lot area shall be the same as provided in the base district, except where
otherwise approved in the development plan.

1500-6322      Lot Width:

       The minimum lot width shall be the same as provided in the base district, except where
otherwise approved in the development plan.



1500-6324      Percentage of Lot Coverage:


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                                                                             Sutter County Zoning Code

       The maximum percentage of lot coverage shall be the same as provided in the base district,
except where otherwise approved in the development plan.

1500-6326      Building Height:

       The maximum building height shall be the same as provided in the base district, except where
otherwise approved in the development plan.

1500-6328       Front, Side and Rear Yards:

       The minimum front, side and rear yards shall be the same as provided in the base district,
except where otherwise approved in the development plan.

1500-6330       Other Required Conditions:

       All of the requirements of this Chapter shall apply, except where otherwise approved in the
development plan.

1500-6332       Amendments to Development Plans:

       Amendments to or adoption of a new development plan may be made by the resubmission of
a development plan pursuant to this Division to the Planning Commission for approval at a duly
noticed public hearing. Any such request for an amendment to or adoption of a new planned
development plan shall be accompanied by a fee as established by resolution of the Board of
Supervisors.

1500-6334       Existing Planned Development Combining Districts:

        All Planned Development Combining Districts existing on June 1, 1979 shall continue in force,
except that further development of the properties covered by the existing Planned Development
Combining District shall require the approval of a development plan by the Planning Commission as
provided for in Section 1500-6332 of this Chapter relating to amendments. Notwithstanding any other
provision of this Chapter, all development plans which existed as of January 1, 1997 shall remain valid,
unless terminated pursuant to appropriate procedures.

1500-6336       Expiration of Development Plan:

        (a)    If construction of the project or use of the land as approved in the development plan, or
the amended development plan, has not commenced within five years after the adoption of the
development plan, or as otherwise provided in the development plan, the development plan shall
expire and be null and void without further action of the County.

         (b)     Where a use, or a portion of a use, allowed by a development plan has been abandoned
or discontinued for a period of six (6) months or more, then, without further action of the County, the
use, or the portion of the use, which has been abandoned or discontinued shall expire and be null and
void. The property owner may request reinstatement of the abandoned or discontinued use which
shall be at the discretion of the Community Services Director to determine the appropriateness of such
reinstatement. The Community Services Director may reinstate the use subject to the previously
approved standards and conditions or direct the property owner to apply for an amendment to the
development plan as provided for in Section 1500-6332.
                                   DIVISION 64
                              SPECIAL BUILDING SITE
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                              COMBINING DISTRICT (B)

1500-6410       Purpose:

        The Special Building Site District is established to provide assurance that General Plan
policies are achieved and development standards suited to a particular site are maintained. In any
district with which a B District is combined, the following regulations shall apply in lieu of the
respective regulations as to building site lot areas, depth of front yards, and widths of side yards as
set forth in the principal district; provided however, application of the B District shall not be made
when any of the following regulations are less restrictive than the corresponding regulations in the
principal district.

1500-6412       Special Regulations:

       (a)     Building Site Lot Area Required:         The building site lot area required shall be
designated by the abbreviation for the principal district, followed by a "B" and followed by a number,
which number represents the following:

                (1)     A number following and connecting by a hyphen with the district symbol shall
                designate the minimum required building site lot area. Where the number is greater
                than 100, it shall indicate the area in square feet; where the number is less than 100, it
                shall indicate the area in net acres.

                Example:        R-1-B-20,000 or R-1-B-1

         (b)     Side yard, front yard and rear yard requirements shall be those set forth in the principal
district unless more restrictive requirements are approved by the Board of Supervisors in approving
the rezoning. Considerations in setting these requirements shall include, but not be limited to, the
following: soil type, parcel size and shape, topography, and other similar relevant features of the land
involved.




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                                       DIVISION 65
                                 HISTORIC PRESERVATION
                                   COMBINING DISTRICT

1500-6500          Purpose

         The Historic Preservation Combining District is established to implement the Cultural
Resource policies of the General Plan; to promote the preservation, rehabilitation, restoration,
reconstruction, and protection of historic and cultural resources; to encourage and promote public
knowledge, understanding, appreciation of the County’s history; to promote appreciation and use of
historic resources; to encourage preservation of resources, which may potentially be considered
eligible for historic preservation zoning; to promote public awareness of the benefits of preservation;
and to encourage public participation in identifying and preserving historic resources, thereby
increasing community pride and awareness of the County’s cultural and historical heritage.

1500-6510          Definitions

(a)      Historic Building or Structure – A building or structure that is located on property that has
been recognized by the Board of Supervisors by being rezoned to the Historic Preservation Combining
District.

(b)        Qualified Historical Property:

           1.      A property listed in the National Register of Historic Places or located in a
           registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of
           Federal Regulations; or

           2.      A property listed in any state, city, county, or city and county official register of
           historical or architecturally significant sites, places, or landmarks.

(c)     Qualified Professional – An individual meeting the Secretary of the Interior’s Professional
Qualifications Standards (36 CFR Part 61 Appendix A) in history, architectural history, and historic
architecture or an individual determined by the Community Services Director to have the necessary
qualifications equivalent to the above standards based on demonstrated experience in history,
architectural history, and historic architecture.

1500-6520          Establishment of Historic Preservation Designation

        The Historic Preservation Combining District (HP) classification may be combined with any
other zoning district classification and can be applied to land to satisfy the purposes of this Division
pursuant to approval of a rezoning application. Requests to establish a Historic Preservation
Combining District designation on a property shall be accomplished by submitting a rezone
application to the Community Services Department together with the following information:

(a)     Property owner(s) proposing to designate a property Historic Preservation but who do not
wish to participate in the Mills Act shall submit the following information together with a rezone
application to the Community Services Department:


      1.       A statement of the current and proposed usage of the property or site.

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                                                                                Sutter County Zoning Code

    2.      A site plan, drawn to scale, showing:
            a. The boundaries of the property.
            b. The location of all improvements on the site.

    3.      A statement explaining why the property should be designated for historic preservation
            and how it is intended to preserve the building or site.

    4.      Photographs depicting the historic building or structure.

    5.      Applications shall be accompanied by a fee as established by resolution of the Board of
            Supervisors.

(b)     Following the submittal of an application to rezone property to the Historic Preservation
Combining District, the proposal shall be forwarded to the Historic Preservation Review Committee for
review, consistent with Section 1500-6580(b), to determine if the historic resource is a candidate for
the Historic Preservation Combining District designation and what character defining features exist on
the structure that should be preserved.

(c)    Property owner(s) proposing to designate a property Historic Preservation Combining District
and who propose to participate in the Mills Act shall submit the following information together with a
rezone application to the Community Services Department:

            1. A statement of the current and proposed usage of the property or site.

            2. A site plan, drawn to scale, showing:
               a.      The boundaries of the property.
               b.      The location of all improvements on the site.

            3. A report, prepared by a qualified professional, detailing the cultural, architectural or
            historical significance of the site to the history of Sutter County. If the subject property is
            listed in the National Register of Historic Places or listed in any state official register of
            historical or architecturally significant sites, places or landmarks, information regarding
            such registration shall be submitted together with the report.

            4. A plan for preservation of the site including a schedule of maintenance work to be
            conducted. If there is a plan for restoration or rehabilitation, cost estimates and a time-line
            for the completion of each item of work shall be included. All work must conform to the
            United States Secretary of the Interior’s Standards for Rehabilitation and the State
            Historical Building Code.

            5. Photographs depicting the historic building or structure.

            6. Applications shall be accompanied by a fee as established by resolution of the Board
            of Supervisors.

(d)      In order to qualify for a Mills Act contract, the subject property shall meet the definition of a
qualified historical property and shall conform to the County’s Mills Act Historic Resource
Preservation Rules of Procedure. Property that is rezoned to the Historic Preservation Combining
District is considered to have met the definition of a qualified historic property.


Rezone applications shall be processed as set forth in Division 2 – Amendment Procedure of this
chapter.

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                                                                                Sutter County Zoning Code


1500-6530       Disestablishment of a Historic Preservation Combining District

         (a) If the subject property is encumbered by a Mills Act Contract, the property owner shall first
either obtain a cancellation of the contract by approval of the Board of Supervisors and pay a penalty
fee as required by the Government Code, or shall file a Notice of Non-renewal and the contract shall
have expired before an application to rezone the property from the Historic Preservation Combining
District can be submitted to the Community Services Department.

        (b) Requests to rezone property from the Historic Preservation Combining District designation
shall be accomplished by submitting a rezone application to the Community Services Department
along with the following items:

            1. A statement of the current and proposed usage of the property or site.

            2. A site plan, drawn to scale, showing:
               a.      The boundaries of the property.
               b.      The location of all improvements on the site.

            3. A report prepared by a qualified professional, detailing why the site, building or
            structure is not or is no longer of cultural or historical significance to the history of Sutter
            County.

            4. Photographs depicting the historic building or structure.

            5. Applications shall be accompanied by a fee as established by resolution of the Board
            of Supervisors.

        Rezone applications shall be processed as set forth in Division 2 – Amendment Procedure of
this chapter.

1500-6540 Development Standards

       (a) All uses and development standards which are permitted and applicable in the base district
to which the Historic Preservation Combining District is applied, including uses which are only
allowed by Use Permit, shall be permitted providing it is demonstrated that those uses do not
adversely affect the historic or cultural site or building involved.

        (b) Towers, spires, chimneys, machinery penthouses, scenery lofts, cupolas, water tanks, and
similar architectural structures may be built and used to a height not more than twenty-five (25) feet
above the height limit established for the district in which the historic building or structure is located,
provided, however, photographs or other documentation, acceptable to the Community Services
Director, is submitted demonstrating that the architectural feature or structure in question was
originally a part of the historic building or structure. The above height limitations shall be subject to
laws and regulations of the State and Federal Government.

1500-6550 Historic Preservation Incentive Program

        The Board of Supervisors may provide incentives to properties designated Historic
Preservation Combining District. The incentives shall be identified, and made available through a
resolution approved by the Board of Supervisors and modified from time to time as the Board deems
appropriate.


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1500-6560 Removal and Relocation Permitting Requirements

        Prior to the removal of a historic building or structure on property which is designated Historic
Preservation Combining District, a Removal and Relocation permit shall first be approved together
with an appropriate environmental document by the Planning Commission.

        Prior to relocating a historic building located on land designated Historic Preservation; a
property owner shall first successfully rezone the property where the historic building will be
relocated to the Historic Preservation Combining District. In addition, the property owner shall secure
all required permits necessary to transport the building on local roads and State Highways.

         At the time the County considers rezoning a property to the Historic Preservation Combining
District for the purposes of relocating a historic building to it, the Board of Supervisors may consider
removing the Historic Preservation designation from the property where the historic building will be
relocated from. This action may be accomplished by filing a single rezone application to the
Community Services Department that includes both properties that are to be considered.

1500-6570 Historic Preservation Design Review Requirements

(a)     Applicability

        Exterior modifications that require a building permit to a recognized historic building within the
Historic Preservation Combining District shall be subject to a Zoning Clearance design review.
Applications for Zoning Clearance design reviews shall be accompanied by a fee as established by
resolution of the Board of Supervisors.

(b)     Design Review Process

         Applicants requesting a building permit on property that is designated Historic Preservation
Combining District shall provide elevation views for all portions of the recognized historic structure
that is subject to alteration. The views shall clearly depict all proposed changes to the exterior of the
historic building or structure.

         Staff shall review the proposed alterations to a historic building or structure against the report
prepared by a qualified professional at the time the historic building was rezoned to the Historic
Preservation Combining District. In addition, the proposed alterations shall be reviewed against the
Secretary of the Interior’s Standards for the Rehabilitation of Historic buildings. Implementation of the
Secretary of the Interior’s Standards for the Rehabilitation of historic buildings shall not conflict with
the permitted uses specified in the underlying zoning of the property. If architectural features
identified as historically significant are proposed to be altered, all proposed changes shall maintain
the character defining features as discussed or depicted in the report that has been previously
prepared for the historic structure.

        If after reviewing a proposal, staff determines that proposed changes to a historic building or
structure, located on property that is zoned Historic Preservation Combing District, will maintain the
character defining features of the historic building or structure, the Community Services Director, or
their designee, may approve or conditionally approve a Zoning Clearance for the proposal.

        If after reviewing a proposal, staff determines that proposed changes to a historic building or
structure may not maintain the character defining features of the historic building or structure, the
proposal shall be forwarded to the Historic Preservation Review Committee for review and
determination.


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1500-6580       Historic Preservation Review Committee

        The Historic Preservation Review Committee shall consist of three persons, appointed by and
serve at the pleasure of the Board of Supervisors. In addition, three alternate Committee members
shall be appointed by the Board of Supervisors and serve in the absence of a regular Committee
member. Committee members shall have knowledge of architecture, historic preservation, history or a
combination of knowledge determined by the Board of Supervisors as acceptable for providing
recommendations regarding historic preservation issues. A quorum shall consist of three Committee
members being present.

(a)     Committee action regarding historic structure modifications

        If a quorum of Committee or alternate Committee members cannot be convened within a two
week period from the time a meeting is determined to be necessary, the Community Services Director
may convene the meeting with those available Committee members. After reviewing the information
and receiving input from the Committee members present, the Community Services Director shall
determine proposed actions the applicant can take in order to maintain the character defining features
of a historic structure consistent with the County’s historic structure database and may approve or
conditionally approve a Zoning Clearance for the proposal.

       The Committee shall meet as necessary to review and provide determinations to applicants
and staff regarding proposed changes to historic structures.

        All pertinent information deemed necessary by the Community Services Director, or their
designee, shall be supplied by the building permit applicant and forwarded to the Committee members
by staff for review prior to Committee meetings.

       The Committee shall review and discuss with the applicant and staff the issues associated
with modifying a recognized historic structure. The Committee shall determine proposed actions the
applicant can take in order to maintain the character defining features of a historic structure
consistent with the County’s historic structure database.

        All determinations made by the Committee shall be transmitted to the property owner in
writing. Any determination made by the Historic Preservation Review Committee, or the Community
Services Director shall be subject to appeal to the Board of Supervisors pursuant to Division 3 –
Appeals of this chapter.

(b)     Committee action for application to the Historic Preservation Combining District.

        Prior to the submittal of an application to rezone property to the Historic Preservation
Combining District by applicants who do not wish to participate in the Mills Act, the proposal shall first
be reviewed by the Historic Preservation Review Committee and a report shall be prepared by the
Planning Division based upon the Committee’s determinations.

        The Committee shall meet as necessary to review and provide determinations detailing why a
potential historic building or structure is a candidate for the Historic Preservation Combining District
designation and what the character defining features are of the historic building or structure that
should be preserved.

       A quorum of the Committee shall consist of three members being present and all Committee
determinations shall be made by at least two of three Committee members.

        Based upon the Committee’s determination regarding why a historic resource is a candidate

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                                                                             Sutter County Zoning Code

for the Historic Preservation Combining District designation and what the character defining features
are of the building that should be preserved, Planning Division staff shall prepare a report of this
information.

        The report shall be transmitted to the property owner in writing within 20 days of the date the
Committee makes its determinations. Any determination made by the Historic Preservation Review
Committee shall be subject to appeal to the Board of Supervisors pursuant to Division 3 – Appeals of
this chapter.
1500-6590      Historic identification plaques.
         Regardless of any other provision of this Chapter to the contrary, non-illuminated historic
identification plaques as approved by the Board of Supervisors not exceeding two square feet in
size are permitted to be installed on structures located on property that have been zoned to have
the Historic Preservation zoning designation.




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                       DIVISION 79
        SPECIAL FLOOD PLAIN COMBINING DISTRICT (FP)

1500-7910       Purpose:

         To provide for the welfare of county residents by identifying those lands within Sutter County
that are not protected by flood control systems and are subject to flood hazards and/or seasonal
inundation that limit(s) the practical uses of the property otherwise permitted within the primary
district with which the “FP” District is combined. In any such district , the regulations of Section
1500-7912 shall apply in addition to those specified for such district, provided that if conflict in
regulations occurs, the regulations of Section 1500-7912 shall govern.

1500-7912       Special Provisions:

        (a)   No residential buildings shall be permitted on ground lower than one (1) foot above the
elevation specified on the zoning map of the particular district or on the Federal Emergency
Management Agency’s Flood Zone Map for 100 year storm protection.

       (b)      Recreational, commercial and industrial buildings and structures related directly to the
harvesting and storage of agricultural products grown in the district or related to the storage or
loading of agricultural or sand and gravel products for transshipment by waterborne conveyance, and
heights for such buildings and structures in excess of those allowed by the base zoning district with
which the FP District is combined, may be permitted upon the approval of a use permit.




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                          DIVISION 80
               GENERAL PROVISIONS AND EXCEPTIONS
1500-8010      Purpose:

        The regulations specified in this Chapter shall be subject to the following general provisions
and exceptions in order to implement the General Plan and provide for the health, safety and general
welfare of the residents of Sutter County.

1500-8011      Utility Installations:

        Unless otherwise specified, the installation of underground or above ground utilities for local
service shall be a permitted use within all zoning districts. Communication equipment buildings,
substations, generation plants, gas holders, and transmission lines shall require a use permit.

1500-8011A     Temporary Outdoor Sales:

       (a)     The following are permitted in all commercial and industrial districts:

               (1)     Sidewalk and parking lot display and sales - Promotional sales events held
               outside the confines of the commercial or manufacturing structure(s) in which such
               business is normally conducted may be conducted by one or more businesses subject
               to the following:

                       (A)    Merchandise display areas within 10 feet of the building (provided they
                       are not in the Handicapped parking spaces) are permitted, subject to
                       subsection (C) below.

                       (B)    Parking lot sales are permitted quarterly for up to one week with the
                       issuance of a zoning clearance and on weekends between noon Friday and
                       noon Monday. Both are subject to subsection (C) below.

                       (C)      Sidewalk and parking lot display and sales are subject to the following
                       criteria:

                                1. The outdoor display/sales shall be located on a paved or concrete
                                area on the same lot as the structures containing the business.

                                2. Sales are limited to merchandise which is normally displayed and
                                sold within the structure(s) containing the business.

                                3. Sales events shall be conducted solely on private property and not
                                encroach with the public rights-of-way.

                                4. Location of the displayed merchandise shall be such that fire, safety
                                and pedestrian access is maintained.

               (2)     Annual sales of Christmas trees, fireworks, pumpkins and related items.

               (3)      Fund raising sales for up to 3 days per event conducted on a site by a non-
               profit organization, not to be conducted more frequently than 4 times per year per site.


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       (b)     The following is prohibited in all commercial and industrial districts:

               The parking of private automobiles in commercial and industrial parking lots for the
               express purpose of offering the vehicle for sale. This does not apply to bona fide
               vehicle sales lots.

       (c)     Wayside Stands - A temporary wayside stand for the display and sale of agricultural
               products produced on the immediate property on which the stand is located may be
               permitted by Zoning Clearance in the R-1 District subject to the following conditions:

               (1)    The stand shall not exceed 120 square feet of floor area.

               (2)    The stand shall not be erected on-site more than 10 calendar days prior to the
                      sale of the agricultural produce and shall be removed within 10 calendar days
                      of the end of the annual sales of the produce.

               (3)    The stand shall not be erected on-site for more than 90 days per calendar year,
                      or, upon the documentation of having two or more crops grown on the
                      property with a retail season exceeding 90 days, the Community Services
                      Department may issue the Zoning Clearance with a term period of up to 150
                      days per year.

               (4)    The stand shall not be located in a location that obstructs traffic visibility.

               (5)    If the stand or any part thereof exceeds 42 inches height, it shall not be located
                      in any required front or side yard.

1500-8011B     Temporary Use of a Commercial Coach:

      A commercial coach to be temporarily used as an office in a commercial or industrial district
must meet the following standards in addition to any other conditions imposed by the use permit:

       (a)     The commercial coach shall bear the tag or seal of the state as required by the Health
               and Safety Code of the State.

       (b)     The commercial coach shall carry a current State license.

       (c)     The commercial coach shall be kept mobile.

       (d)     Skirting shall be provided along all sides of the commercial coach.

       (e)     The exterior surface and roofing materials shall be consistent with those materials
               normally used in the construction of permanent office facilities.

       (f)     Parking spaces shall be provided for the occupants of the commercial coach as
               required by Section 1500-8110.

       (g)     The maximum term of the use permit is 2 years.



1500-8011C     Carnivals, Fairs and Festival Events:


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       All carnivals, fairs and festival events to be located on private property must obtain a zoning
clearance. Carnivals or similar type events shall be permitted in C-2 Districts, limited to twice a year
between the hours of 8:00 a.m. and 11 p.m. not to exceed 3 consecutive days. Prior to the issuance of
the Zoning Clearance the event representative shall submit, at least 10 days prior to the event, to the
Community Services Director the following:

        (a)     A letter from the property owner(s) granting permission for the event to be held on
        their property.

        (b)     Written notice(s) describing the event, including the event proponent, location, days
        and hours of operation, along with addressed and stamped envelopes for all developed
        properties adjoining the event site. Staff will be responsible for mailing the notices to the
        adjoining property owners.

        (c)    Letters of approval from the Sheriffs Department, Environmental Health Program, Fire
        and Emergency Services Program and any other agency or department whose approval may
        be needed based upon the type of function being proposed.

       After the above information has been submitted and approved by the Community Services
Director a zoning clearance may be issued.


1500-8011D      Recycling Collection Facilities:

         In the zone districts that permit this use, recycling collection facilities must meet the following
criteria:

        (a)    The facility shall be established in conjunction with an existing commercial use or
        community service facility which is in compliance with the zoning, building and fire codes of
        the County of Sutter;

        (b)    The facility shall be set back at least 10 feet from any street line and shall not obstruct
        pedestrian or vehicular circulation;

        (c)     The facility shall accept only glass, metal, plastic containers, paper and reusable items;

        (d)    The facility shall use no power-driven processing equipment except for reverse
        vending machines;

        (e)    The facility shall store all recyclable material in containers or in a mobile unit vehicle,
        and shall not leave materials outside of containers when attendant is not present;

        (f)     The area of use shall be maintained free of litter and any other undesirable materials,
        and mobile facilities for which truck or containers are removed at the end of the collection day,
        shall be swept at the end of the collection day;

        (g)    The use shall not exceed levels of 60 decibels as measured at the property line of
        residentially zoned or occupied property;

        (h)    Facilities shall not be located within 100 feet of a property zoned or occupied for
        residential use;

        (i)     Containers shall be clearly marked to identify the type of materials that may be

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        deposited; the facility shall be clearly marked to identify the name and telephone number of
        the facility operator and the hours of operation, and display a notice stating that no material
        shall be left outside of the recycling enclosure or containers;

        (j)     Recycling facilities may have identification signs comprising a maximum of 16 square
        feet;

        (k)    The facility shall not impair the landscaping required by local ordinance for any
        concurrent use or any permit issued pursuant thereto;

        (l)     Occupation of parking spaces by the facility and by the attendant may not reduce
        available parking spaces below the minimum number required for the primary host use unless
        either of the following conditions exist:

                (1)    The facility is located in a convenience zone or a potential convenience zone as
                designated by the California Department of Conservation.

1500-8012       Temporary Secondary Mobile Homes in Agricultural Districts:

         Use Permit applications for mobile homes for caretakers of agricultural property,
improvements or equipment shall include a written explanation of the need for the caretaker in
sufficient detail to allow the Planning Commission to evaluate the degree of need. Use Permit
applications for mobile homes for caregivers/family members in need of living assistance shall include
a certification from a licensed doctor that a medical condition exists that necessitates the provision of
on-site living assistance. Such a certification shall not have been prepared more than 60 days prior to
the date of application and shall specify the nature of the condition in terms that will allow the
Planning Commission to evaluate the degree of need.

         Approval of such temporary secondary mobile homes shall be subject to conditions, including
at least the following:

        (a)    The permit shall be issued for a term period not to exceed five years, subject to
        extension, or it shall expire at such time as the use or need for which it was granted ceases,
        whichever occurs first. An application for extension shall include a written explanation of the
        continuing need for the unit. Upon expiration or cessation of the use, the mobile home shall
        be removed from the property within six (6) months.

        (b)    The mobile home shall be placed upon a non-permanent conventional mobile home
        support system (e.g., soft set, blocking or piers).

        (c)     Rental of the mobile home or mobile home space is not permitted.

        (d)     The mobile home shall be served by an approved on-site sewage disposal system.

1500-8013       Family Day Care Homes:

       (a)    Small Family Day Care Homes (up to 8 children) shall be permitted in all Agricultural
and Residential Districts.

        (b)     Large Family Day Care Homes (up to 14 children) shall be permitted, subject to a
Zoning Clearance, in Agricultural and Residential Districts. The following criteria must be satisfied in
order to qualify for approval:


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               (1)     Written consent of the property owner is required when the property is leased
               or rented.

               (2)    One off-street parking space shall be provided in addition to the number
               required for the existing use.

               (3)    The operator shall provide evidence of a valid license to operate issued by the
               Department of Social Services.

               (4)    Written approval by the Sutter County Environmental Health Division, Sutter
               County Building Division, and the appropriate fire service agency.

1500-8014      Hunting Club Development Standards:

        Establishment of a Hunting Club use requires the issuance of a zoning clearance subject to the
following standards being agreed to and complied with by the applicant:

         (a)    Living quarters shall be permitted for hunting season use only. Permanent occupancy
of residential unit(s) for the owner and/or caretaker shall be permitted as allowed within the base
district and not to exceed the General Plan density.
         (b)    Environmental Health approval shall be required for sewage disposal systems.

       (c)     Rental of such residence units shall not be permitted.

        (d)     Hunting clubs may not be located within the Yuba City or Live Oak Spheres of
Influence, or the Rural Communities as identified in the General Plan.

       (e)      Within the “AG” Districts, commercial shooting ranges including skeet, trap and
sporting clay facilities may be allowed upon approval of a use permit.

1500-8015 Public Right-Of-Way Dedication and Improvements:

        Within the Yuba City and Live Oak Spheres of Influence, the Rural Planned Communities, the
Sutter Pointe Specific Plan Area, the Tudor Industrial/Commercial Area, and the Employment Corridor
(EC), no building permit shall be issued for new construction, construction resulting in an increase in
occupancy load by 10% or more, or an increase in parking demand by 10% or more unless the owner
of the property has dedicated necessary rights-of-way and easements required for street and utility
purposes and provisions have been made for their improvement. The public improvements shall be
made for that portion of streets which such lot fronts and adjoins. Such dedications and public
improvements shall be at no cost to the county. Within the Rural Communities other than the Rural
Planned Communities, as identified within the General Plan, no building permit shall be issued for new
construction, construction resulting in an increase in occupancy load of 10% or more, or an increase
in parking demand of 10% or more unless the owner of the property offers for dedication, only,
necessary rights-of-way and easements required for street and utility purposes. One family residences
shall be exempt for any additions or alterations. All Agricultural Districts shall be exempt from the
requirements of this section. Reconstruction after a fire or natural disaster, including flood or
earthquake shall also be exempt.

       For the purposes of this section, the words "provisions have been made for their
improvement" shall mean either:

        (a)    All the required public improvements are in place in conformity with the requirements
of the Public Works Department; or

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        (b)      If the Public Works Department determines it is not practical to construct the public
improvements at the time of issuance of the building permit, then the owner and/or developer shall
sign and file with the county an agreement, approved by the Board of Supervisors, which guarantees
that the required public improvements will be constructed within 180 days of notice by the county at
such time as it is determined to be in the best interest of the county, which agreement is secured by
good and sufficient improvement security which is on file with the county. The form of said security
shall be approved by County Counsel.

        For the purposes of this section, the word "public improvement" shall mean the installation of
curbs, gutters, sidewalks, and street paving in the public right of way as are required by the Sutter
County Public Works Department on that side of the centerline of the street which adjoins such lot.
Public improvement shall also mean the installation of, and/or the extension of, water and sewer lines
as provided for in the General Plan. Such public improvement shall be constructed under permits
issued by and to standards established by the Sutter County Public Works Department. The existence
of scenic, historic, or cultural resources on site may require the approval of an alternative
improvement plan on a case by case basis. If public improvements are required as a condition of a
building permit, the work to complete the public improvement shall be subject to the plan check and
inspection fees as established by the Board of Supervisors. Also, the term “new construction” shall
not include replacement of, additions to or alterations to existing structures. Further, the term
“occupancy load” shall be as defined within the Uniform Building Code.

Road widths and utility easements are established in the General Plan to adequately protect the
traveling public and property owners entering and exiting public thoroughfares as well as providing
sufficient paving width to appropriately accommodate emergency vehicles which may be called upon
to respond to calls for service to properties that are improved with structures of sufficient value to
make likely the owner's desire to protect their worth. Utility easements are required and sized in order
to facilitate appropriate service to those same properties consistent with having sufficient and
appropriate services available to the land and public improvements situated thereon. Additional right-
of-way appropriate to maintain the paved portions and afford adequate parking are also established in
the General Plan. Installation of curbs, gutters, sidewalks, and water and sewer services similarly
implement related general plan policies and enhance various protections available to the land and
structures subject of the referenced building permit as well as those persons who will use them by
affording safe pedestrian access, drainage, protection from errant vehicles, fire safety, and appropriate
sanitary and public health provisions.

1500-8015A Privately-owned improvements:

        For any proposed private road, drainage facility, hydrant, or other facility as may be proposed
in an industrial zone (M-1, M-2 or ML) or the Employment Corridor (EC) zone only, the applicant shall
submit and obtain County approval of plans and specifications for the construction of private road
improvements. Private roads shall be designed to meet the Sutter County Design/Improvement
Standards for industrial/commercial roads, in effect at the time of improvement plan approval, or such
standards included as a condition of approval for the parcel or subdivision map. The privately owned
road shall be located in accordance with the approved plans. Intersections with the public right-of-way
shall be improved as required by the Director of Public Works to provide safe and efficient access to
and egress from the private road. Private roads shall include signage as required by County standards
identifying the road as not publicly owned or publicly maintained.

       New private roads shall provide access to the frontage of all parcels and structures in the
development and shall meet the requirements of California Fire Code. Any restrictions, posts, gates, or
other physical barriers or constrictions shall be approved by the County prior to installation.


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        The applicant shall be responsible for constructing private improvements in accordance with
the plans and specifications approved by the County.

        If any proposed private improvements will be shared among more than one parcel, a
maintenance agreement for such improvements shall be recorded and shall be binding upon all
heirs, assigns or successors in interest.

1500-8016       Keeping of Animals:

        When allowed within a specified zone district, animal raising and keeping are subject to the
requirements of this section. This section shall not apply to parcels that are zoned agricultural
including the “A” Combining District and Ranchette “RAN” District.

        (a)     On all lots, no more than four dogs, four months of age of older, may be kept.

        (b)     On all lots, the keeping of chicken hens (no roosters), rabbits, guinea pigs, or similar
small animals, not exceeding a combined total of 12 in number (excluding the offspring thereof, up to
the age of 6 months), shall be permitted for home enjoyment or consumption, subject to the provisions
of other applicable laws. Unless otherwise provided for, no hoofed animals are permitted, except 2 pot
bellied pigs are allowed as pets.

         (c)    The area of any lot used for the keeping of large animals (including but not limited to
cattle, horses, or hogs) shall be located outside those areas utilized for sewage disposal.

1500-8016A      Garage/yard sales:

        In any district that permits a residence, garage/yard sales are allowed when involving the sale
of common household goods, primarily owned by the resident, for a duration not to exceed 3 days, nor
more frequently than 2 times per year per residence. On-site signs are permitted. Off-site signs are
permitted pursuant to Section 1500-9435(h) of this chapter. If illegal off-site signs are in the vicinity of
the garage/yard sale, the person or persons operating the garage/yard sale at the location indicated on
the sign shall be held responsible for the posting of the prohibited signs.

1500-8017       Completion of Landscape Requirements:

       Provisions of landscaping to meet the requirements of this chapter shall be deemed to have
been satisfied if any one of the following exists:

        (a)    All of the required landscaping is installed in conformance with the requirements and
        standards; or

        (b)      An agreement is on file with the County which guarantees that the required
        landscaping shall be installed within a reasonable period of time after issuance of a temporary
        certificate of occupancy. At such time as the landscaping is completed a final certificate of
        occupancy may be issued.

1500-8018       Additional Uses Permitted:

         The following uses, in addition to those otherwise provided in this chapter, shall be permitted
in all Districts unless otherwise noted:

        (a)    Within a residence, the renting of rooms, and/or the providing of meals for not more
        than two (2) paying guests ; and, on any lot containing a residence, the temporary parking for

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a period not exceeding a total of 14 days per year of a recreational vehicle to accommodate
visitors is permitted.

(b)    The operation of necessary service facilities and equipment in connection with
schools, colleges, and other institutions when located on the site of the principal use.

(c)    Recreation, refreshment, and service buildings in connection with parks, playgrounds,
and golf courses when located on the site of the principal use.

(d)      A mobile home may be placed upon any lot as a residential residence within any "R"
District, provided the mobile home meets the following eligibility requirements:

       (1)    The mobile home shall be certified under the National Mobile Home
       Construction and Safety Act of 1974;

       (2)     The mobile home shall be placed upon a permanent foundation approved by
       the Building Program;

       (3)    The mobile home shall comply with all yard, off-street parking and density
       requirements of the district and with the Performance Standards as specified in
       Section 1500-8028 of this Chapter, and

       (4)     Any mobile home installed under this section shall be less than ten (10) years
       old from the date of manufacture to the date of installation.

(e)    Subject to the issuance of a Zoning Clearance:

       (1)      Mobile homes at a density not to exceed that permitted by the General Plan in
       agricultural districts, excluding the "A" Combining District, when placed in
       conjunction with a bona fide agricultural operation on the premises, subject to the
       issuance of all necessary permits from the Environmental Health Program, and subject
       to the Mobile home Performance Standards as specified by Section 1500-8026 of this
       Chapter, and further provided that the Zoning Clearance shall be issued for a term
       period not to exceed five (5) years, subject to review and renewal. Mobile homes for
       which valid permits do not exist shall not be stored in agricultural districts. Mobile
       homes that are currently stored on the date of the adoption of this Chapter, as
       amended, shall be removed within 36 months of the adoption date. Mobile homes
       previously permitted for which the need no longer exists, shall be disconnected from
       utilities immediately and, be removed within six (6) months of such date. Such units
       shall not be eligible to be maintained under a non-conforming status.

       (2)     Home occupations in "A", and "R" and "M-H-S" districts that provide services
       exclusively outside the premises except for receipt of communications and minor
       record keeping. The Community Services Director may conditionally approve such
       Zoning Clearances. Home offices used strictly for telecommuting, telephone sales
       and Internet services shall be exempt from the zoning clearance requirement.

       (3)    A second residential unit on an existing single-family residence lot in any R-1
       Zone, subject to the following criteria:

               (A)   The size of the parcel shall be at least fifty (50) percent greater than the
               minimum lot area required for the R-1 Zone. (NOTE: Minimum lot area varies
               depending upon the availability of public water and/or sewer – see Section

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       1500-8022(k).)

       (B)    The density of the second unit shall conform to the density
       requirements as specified by the Sutter County General Plan for the subject
       property.

       (C)     The second unit may be an attached addition to an existing
       single-family home, a conversion of existing space within a single-family home
       or a detached unit on the same lot meeting setback requirements. If a mobile
       home is used as the second unit, it shall comply with the Performance
       Standards for Mobile homes in a Residential District as specified by this
       Chapter.

       (D)     The design and exterior finish of the second unit shall be reasonably
       similar to the existing primary residence in architectural style, color, exterior
       materials, and roofing color, materials and design.

       (E)    The second unit shall not be for sale as a separate unit and the
       property owner shall reside in the existing home.

       (F)    All requirements for yard setbacks and lot coverage and all parking
       requirements as found in this Chapter shall apply to all second unit additions.

       (G)     The maximum floor area of any second unit addition shall not be
       greater than 1,200 square feet if a detached unit and not greater than 30
       percent of the size of the existing living area of the primary residence if
       attached.

       (H)     Both units shall comply with requirements of the Environmental Health
       Division for septic systems as those requirements exist at the time of the
       addition of the second dwelling unit.

       (I)     The second unit shall have a separate entry way.

       (J)     The area of the paved driveway within the required lot front setback
       shall not exceed six (6) percent of the lot area.

(4)     Short-term sales and auctions of farmers’ own equipment and/or animals
within the AG zone district, subject to the following criteria:

       (A)     The sale/auction shall be held on property owned by one of the
       participants. Sales/auctions shall not be held on properties currently under a
       Williamson Act contract.

       (B)     Items being brought to the property for the sale/auction from off-site
       participants shall arrive no more than ten (10) calendar days prior to the start
       of the sale/auction event and shall be removed no later than seven calendar
       days after the end of the event. The applicant shall indicate the number of
       participants that will be bringing items to the property for the event.

       (C)    The actual sale/auction event shall be held for a time period not to
       exceed 3 days (72 hours) per event, nor more frequently than 2 events per year
       per property.

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              (D)    The sale/auction event shall be conducted between the hours of 7 am –
              10 pm.

              (E)    Sales of any food at the sale/auction shall be subject to approval by the
              Environmental Health Division.

              (F)    Permitted on-site signage shall be subject to the existing sign
              requirements for agricultural zones contained in the Zoning Code. Off-site
              signage for sale/auction events shall be limited to the provisions contained in
              Section 1500-9435(h).

              (G)     A plot plan shall be submitted along with the zoning clearance
              application. The plot plan shall show the subject property with all existing
              improvements and shall designate the proposed sale/auction area and
              proposed parking area. Parking area for the event shall be provided entirely
              on the subject property.

              (H)     The applicant must obtain a zoning clearance from the Planning
              Division prior to the auction. The zoning clearance application shall be
              circulated to the Environmental Health Division, Sheriff’s Department, Public
              Works Department, and Planning Division for review and approval. If
              necessary, conditions may be added to the zoning clearance.

      (5)     Within CH, C2, CM, M1, and ML districts, an above ground storage tank for
      class I or class II liquids as defined by the Uniform Fire Code not exceeding 500
      gallons capacity may be allowed by Zoning Clearance as an accessory use to an
      existing business when the storage tank complies with the following criteria:

              (A)     It is not located in any required yard, setback, or landscaping area, and
              is not visible from the public right-of-way.

              (B)     It complies with all requirements of the California Fire Code.

              (C)     The storage tank’s location is approved by the Building, Environmental
              Health, and Planning Divisions of the Community Services Department as well
              as the appropriate fire service agency.

              (D)      The Community Services Department finds that the use and location of
              the storage tank does not pose a substantial safety hazard to persons or
              property. This finding shall be supported by evidence of record included in the
              finding.

(f)   Subject to securing a Use Permit:

      (1)    Home Occupations in "A", "R" and "M-H-S" districts which do not comply with
      the conditions set forth in Section 1500-8018(e)(2) of this Chapter.

      (2)    Within the Agricultural Districts, airports and heliports; gas and oil well drilling
      and production except those proposals which comply with criteria and conditions (1)
      through (7) in Section 1500-8018(h) of this Chapter.

      (3)     A second residential unit on an existing single-family residence lot in any R-1

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Zone, subject to the following criteria:

        (A)    The size of the parcel shall be at least fifty (50) percent greater than the
        minimum lot area required for the R-1 Zone. (NOTE: Minimum lot area varies
        depending upon the availability of public water and/or sewer. [See Section
        1500-8022(k).]

        (B)     The second unit may be an attached addition to an existing
        single-family home, a conversion of existing space within a single-family home
        or a detached unit on the same lot meeting setback requirements. If a mobile
        home is used as the second unit, it shall comply with the Performance
        Standards for Mobile homes in a Residential District as specified by this
        Chapter.

        (C)     The design and exterior finish attached addition shall be substantially
        similar to the existing home.

        (D)     The second unit shall not be for sale as a separate unit, and the
        existing home shall be owner occupied.

        (E)    All requirements for yard setbacks and lot coverage, as found in the R-
        1 (One-Family Residence) District shall apply to all second unit additions.

        (F)     One (1) additional parking space shall be provided according to the
        Sutter County parking regulations, except as otherwise provided in Section
        1500-8112.

        (G)     The maximum floor area of any second unit addition shall not be
        greater than 1,200 square feet if a detached unit and not greater than 30
        percent of the size of the existing living area of the primary residence if
        attached.

        (H)     Adding a second unit shall be contingent on meeting the requirements
        of the Environmental Health Program for wells and septic systems.

        (I)     The second unit shall have a separate entry way.

(4)    Within all Districts, other uses, as determined by the Community Services
Director, to be compatible and in character with the intent of the District.

(5)    The parking of one (1) truck-tractor on a lot in the R-1 (One Family
Residence), RE (Residential Estates) Districts, subject to the following
requirements:
       (A)    The truck is owned by the owner of the property who resides in the
dwelling.

       (B)     Maintenance, as defined here, means any repair or work required to
sustain the proper operation of the truck-tractor.

        (C)     Only minor truck maintenance, such as oil/air filter changes,
lubrications, polishing, is permitted on the property.

        (D)     The truck-tractor shall be parked entirely on private property;

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      parking in the public right-of-way, or front yard setback shall not be permitted. The
      driveway and parking area for the truck-tractor shall be constructed to meet the
      standards set forth in Section 1500-8118(f)(1).

              (E)     Trailers shall not be parked on the property or the street.

              (F)     The truck-tractor shall not enter the property after 11:00 p.m. and
      shall not leave the property before 7:00 a.m. Warm-up time for the truck tractor
      shall be limited to five (5) minutes or less.

              (G)     A copy of the permit shall be in the cab of the truck at all times.

              (H)    Any application filed for a use permit under this subsection shall
      include the specific routes to be used, which minimizes travel on non-truck routes,
      a detailed reason/purpose for the request and any hardships that prevent parking
      the truck elsewhere.

              (I)     The truck-tractor shall be parked at least five (5) feet from any side
      yard.

      (6)     Within CH, C2, CM, M1, and ML districts, an above ground storage tank for
      class I or class II liquids as defined by the Uniform Fire Code exceeding 500 gallon
      capacity but not exceeding 10,000 gallons capacity may be permitted by use permit
      when the storage tank is an accessory use to an existing or proposed business and it
      complies with the following criteria:

              (A)     It is not located in any required yard, setback, or landscaping area, and
              is not visible from the public right-of-way.

              (B)     It complies with all requirements of the California Fire Code.

              (C)     The Planning Commission finds that the use and location of the
              storage tank does not pose a substantial safety hazard to persons or property.
              This finding shall be supported by evidence of record included in the finding.

(g)   Subject to the securing of a Building Permit to construct a residence:

      (1)     Temporary mobile home, used during construction: The Building Official may
      issue a special permit to allow the occupancy of a mobile home as a temporary
      residence for a period not exceeding six (6) months; said mobile home shall have
      sanitation and water service to the satisfaction of the Sutter County Environmental
      Health Program. The Building Official may renew such special permit for one
      additional period of time not to exceed six (6) months if substantial progress has been
      made in the construction of the permanent building and it is reasonable that such
      permanent building will be completed within such additional period of time. Upon
      completion of the structure, expiration or voidance of such special permit or building
      permit, any mobile home so permitted shall be removed from the premises. A copy of
      any temporary permit or extension of time shall be filed with the Community Services
      Department by the Building Official.

      (2)    Model homes associated with approved tentative subdivision maps: The
      construction of up to three single-family model homes, for display purposes only, on
      residentially zoned property which meets all of the following criteria:

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                       (A)     A tentative subdivision map has been approved for the property;

                       (B)    The lot corners of the building sites have been set as part of the
                       subdivision construction; and

                       (C)     The finished lot grade of the building sites has been established.

               Any such model home so constructed shall not receive a certificate of occupancy for
               any purpose until the Final Map is recorded and all required subdivision improvements
               are completed.

               (3)    Temporary sales offices associated with approved tentative subdivision maps
               may be established within a commercial coach or model home with the issuance of a
               zoning clearance not to exceed one year. Longer time frames may be permitted with
               the approval of a Use Permit.

        (h)     Exploratory and/or production gas or oil well drilling and development upon lands in
the Agricultural Districts which meet all the following criteria and conditions shall be permitted upon
the issuance of a Gas and Oil Well Zoning Clearance by the Community Services Director or
designated agent:

               (1)    Application for a gas and oil well zoning clearance has been made by
               completion of forms supplied by the County Community Services Department and
               payment of a processing fee as established by resolution of the Board of Supervisors.
               Said application form will provide for the signature of and must be signed by the
               surface rights operator, manager or tenant as well as the surface rights owner.

               (2)     The well location is at least five hundred feet (500') from any existing residence
               and is not on lands controlled by any State or Federal agency.

               (3)    The location of the well, access road, pipelines and other appurtenances have
               been coordinated with the surface rights operator, manager or tenant as well as the
               owner of the surface rights to the property to be used as a well site.

               (4)   All facilities except those required for well operation and maintenance shall be
               removed and the site restored to its original condition within ninety (90) days of
               completion of the drilling processor as otherwise arranged with the surface owner.

               (5)    The applicant or the applicant’s agent shall notify the County Community
               Services Department of completion or abandonment of the well within ten (10) days of
               cessation of drilling operations.

               (6)     All local and State regulations shall be observed including but not limited to,
               requirements of the Sutter County Environmental Health Program and the California
               Division of Oil and Gas for on-site sanitary facilities and waste disposal, the Sutter
               County Public Works Department for all necessary encroachment permits to make
               driveway connections to County roads, and the California Division of Oil and Gas for
               all necessary permits.

               (7)     Notice of the project has been given as provided below.

       Prior to issuance of an Oil and Gas Drilling Zoning Clearance notice of the Community

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Services Director's determination to issue a Zoning Clearance shall be sent to property owners of the
well site and surrounding property owners within three hundred feet (300'). Said notice shall contain a
description of the proposed well location and appeal rights on the Community Services Director's
determination to issue the Zoning Clearance.

        Appeal of any determination of the Community Services Director shall be made pursuant to
Division 3 - Appeals of this Chapter.

        Any Oil and Gas Drilling Zoning Clearance shall be valid for a term period of one (1) year. If
such permit has not been used within the one (1) year period after issuance, it shall become null and
void without further notice.

        (i)     Temporary mobile home or other structures for businesses: subject to the approval of
the Community Services Director, the Building Official may issue a special permit to allow the
occupancy of a mobile home or other structure as temporary business premises for a period not
exceeding six (6) months where existing legally authorized business premises (including
non-conforming uses) have been severely damaged or destroyed by fire, flood, earthquake, or other
disaster, and where such mobile home or other structure occupancy is necessary in order to permit
continued operation of such business during repair or reconstruction of the permanent structure or
structures on the business property. Sanitation and water service, if required, shall be provided to the
mobile home or structure to the satisfaction of the Sutter County Environmental Health Program of the
Community Services Department. Immediately following the issuance of any permit hereunder, or any
extension thereof, the Building Official shall notify the Chairman of the Board of Supervisors, or in his
absence, the County Administrative Officer of the action taken. The Building Official may renew such
special permit for one additional period not exceeding six (6) months if substantial progress has been
made in the repair or reconstruction of the permanent structure or structures and it reasonably
appears that such structure or structures will be completed within the additional six (6) months. Upon
completion of such structure or structures, or expiration or voidance of the special permit, any mobile
home or temporary structure so permitted shall be removed from the premises. No special permit may
be issued under this subsection for a food service establishment where food intended for human
consumption is prepared and/or served.

        As enabled by California Government Code Section 65900 and as contemplated by subsection
(b) of Government Code Section 65901 and solely for the purposes set forth in this subsection, the
Sutter County Community Services Director is designated the Sutter County Zoning Administrator.
The Sutter County Zoning Administrator may grant the kinds of variances and the extent of variation
as hereinafter set forth. Notwithstanding the provisions of Sections 1500-8410 through 1500-8420 of
the Sutter County Ordinance Code, the Zoning Administrator may grant a variance to facilitate the
purposes of this subsection where practical difficulties, unnecessary hardships or results inconsistent
with the purpose and intent of this subsection may result from the strict application of certain area,
height, yard, and space requirements. The Zoning Administrator may grant a variance for such area,
height, yard and space requirements up to 20% of the standard contained within the corresponding
section of this Chapter. Any aggrieved person may appeal the granting of such a variance to the Sutter
County Planning Commission by filing a written notice of appeal with the Community Services
Department within ten (10) days of such grant. The determination of the Planning Commission may be
appealed by any person within ten (10) days to the Sutter County Board of Supervisors. As used in
this subsection, "Community Services Director", "Zoning Administrator" and "Building Official" shall,
in the absence of such officials, include those authorized to act in their absence.

        (j)     Storage of Inoperable Vehicles on Residentially Used Property.

         It is the County's intent to allow automotive vehicles hobbyists the right to pursue their hobby
at their homes, providing such pursuit does not have a detrimental effect upon neighboring properties

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or upon the general public's health, safety, and welfare.

        It is not the intent of this subdivision to authorize in any form commercial dismantling, repair,
or sales activities in conjunction with stored vehicles or parts, including the development of racing
cars.

        For purposes of this subdivision, "vehicle" shall mean any motorized vehicle six (6) feet or less
in height. "Inoperable vehicles" shall mean a vehicle: (1) incapable of being driven under its own
power; or (2) not licensed to be operated on a public road.

         The outdoor storage of a maximum of six (6) inoperable vehicles shall be allowed in any
district, provided that the following standards are complied with:

                (1)     The storage of such vehicles shall be accessory and incidental to an
                established and occupied single-family residence;

                (2)      The number of inoperable vehicles allowed shall not exceed two vehicles on
                lots of 10,000 square feet net area or less, with one (1) additional vehicle being allowed
                for each additional 10,000 square feet of net lot area to a maximum of six vehicles.

                (3)     The vehicles shall be kept in the rear yard, and behind the main building.

                (4)     The vehicles shall be completely surrounded by a solid wood fence or masonry
                wall six (6) feet in height which screens the vehicle from view by neighboring
                properties and the general public;

                (5)    No parts, tires, repair equipment, or any related material or supplies shall be
                stored outside the fenced or walled area;

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

                (7)     No commercial dismantling, repair, or sales activities shall be allowed in
                conjunction with the stored vehicles or parts, including the development or
                preparation of racing cars; and no commercial activity may be authorized by use
                permit.

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

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

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

                (11)   The area within the fenced or wall enclosure must be maintained so as to
                prevent the establishment of rodent harborage;


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

                (13)     Any deviation from the above standards shall be allowed only by first securing
                a use permit in accordance with Section 1500-8210 of the Sutter County Ordinance
                Code. However, no such use permit shall be granted which would allow commercial
                activity.

      Failure to comply with these standards shall be deemed to be a violation of the Ordinance
Code pursuant to this Chapter.

       (k)     Notwithstanding any other provisions of this Chapter, the provisions of State Health
and Safety Code Sections 17021.5 and 17021.6 or any successor sections are applicable in Sutter
County and any inconsistency between this Chapter and those sections shall be resolved by following
the provisions of the Health and Safety Code.

        (l)    Temporary occupancy of recreational vehicles is permitted for not more than 14 days
per calendar year unless the recreational vehicle is located within a legally established Recreational
Vehicle Park that has been issued a current and valid permit to operate by the State of California.

       (m)       A cold weather shelter shall be permitted on a rotational basis at an existing, permitted
church facility, subject to the following standards:

        (1)     The maximum number of participants that can stay at a single facility is 30 people.

        (2)    The maximum length of stay at a participating church by an eligible participant is
        seven days. Once a church facility has hosted a cold weather shelter for seven days, the
        church shall wait twenty-one (21) days before serving as a cold weather shelter again.

        (3)    Eligible participants shall be brought to the participating church facility not before 6:00
        p.m. and shall depart the facility by 7:30 a.m.

        (4)    As a part of the Zoning Clearance process, participating churches shall submit an
        operations plan that provides the following information:

                (A)      Screening process for eligible participants
                (B)      Occupancy schedule
                (C)      No loitering policy
                (D)      Transportation plan


1500-8022       Yards:

        (a)     Compliance with regulations:

                (1)    No yard or open space provided about any building for the purpose of
                complying with the regulations of this Chapter shall be considered as providing a yard
                or open space for any other building or structure.

                (2)    Nothing contained in the General Provisions shall be deemed to reduce special
                yard requirements as set forth in the regulations for any "R" District or "B" District.

                (3)      Mobile homes located outside of mobile home parks shall comply with required
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               minimum yards of a main building for the district in which the mobile home is located.

               (4)    In all zoning districts, except the R-1 (One-Family Residence) District, the
               landscape requirements of this section shall apply to (1) all new developments and (2)
               any expansion of floor area or change of use in an existing development on property
               containing more than five (5) acres.

        (b)     Plan lines:     Whenever the Board of Supervisors has adopted or otherwise
established future right-of-way lines for the location, widening, or extension of any freeways or other
streets or roads, the yards required by this chapter adjacent to street frontages on lots and other land
parcels shall be measured from such future right-of-way lines. In no case shall buildings or structures
be permitted to be constructed within such lines.

       (c)     Fences:

               (1)      In any required front or street side yard, fences and other structures shall not
               exceed a height of 42 inches; and in any other required yard, shall not exceed a height
               of 6 feet, except as otherwise provided by this Chapter. Any portion of a fence or wall
               exceeding 6 feet in height or containing electrical wiring or fixtures shall require
               issuance of a building and/or electrical permit.

               (2)    In exception to the above, in agricultural districts, open agricultural fences
               which do not exceed 6 feet in height may be located in the front or street side yard
               setback.

               (3)     Additionally, in agricultural districts, open ornamental fences which do not
               exceed 6 feet in height may be located in the front or street side yard setback
               providing that said ornamental fence is located outside of any future maximum right-
               of-way, as specified by the Sutter County General Plan. Any gate providing access
               though an ornamental fence shall be set back 20 feet from any future maximum road
               right-of-way. Open ornamental fence is defined as a fence or wall not exceeding more
               than 3 feet, 6 inches in height, except for spaced pilasters, which is open between the
               pilasters, or essentially open with wrought iron grillwork or other decorative materials
               between the pilasters. The pilasters shall be a minimum of eight feet apart, edge to
               edge, and no more than 24 inches in width.

               (4)    Walls and fences shall be designed and constructed so as not to restrict sight
               distance as determined by the Director of Public Works.

       (d)     Front yards:

               (1)     When lots with front yards less than the minimum required by the provisions of
               this Chapter comprise forty percent (40%) or more of the frontage in a block, the
               minimum front yards required for the remaining lots shall be equal to the average of
               the front yard depths of such developed lots; further, for a lot adjoined on both sides
               by lots which are developed with buildings, the front yard need not be more than the
               average of the front yard of the adjoining lots.

               (2)     For corner lots, either street frontage may be deemed the front, providing that
               rear yard requirements are met, and driveways leading to required permanent parking
               spaces are at least twenty (20) feet in length.

       (e)      (Deleted)

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       (f)     Rear yards:

               (1)     In all R and M-H-S Districts, the minimum rear yard setback may be reduced to
               ten (10) feet for single-story construction, providing that, in each case, the average
               rear yard area is equal to or exceeds the rear yard area required by the primary district.

       (g)     Projections:

               (1)     Cornices, eaves, canopies, fireplaces, and other similar architectural features,
               but not including any flat wall, supporting members of window surface, may extend
               into any required yard a distance not exceeding three (3) feet, except that such
               projections shall not be nearer than three feet from a side property line.

               (2)     Uncovered porches or stairways, fire escapes, or landing places may extend
               into any required rear yard a distance not exceeding three (3) feet.

       (h)     Accessory structures:

               (1)      A detached garage or accessory structure not exceeding fifteen feet in height
               and without living quarters may occupy not more than fifty percent (50%) of the area of
               a required rear yard. In exception to the provisions of these sections, a garage or
               other similar out-building not exceeding fifteen (15) feet in height at the ridge may be
               built, in accordance with 1500-8022(g)(1), three (3) feet from the interior side and rear
               line, provided that said garage or similar out-building is not less than seventy (70) feet
               from any street, and otherwise shall observe a six (6) foot clear distance for side and
               rear line.

               (2)    Garages, carports, and other accessory structures may be attached to and
               have a common wall with the main buildings or when located as required by this
               Chapter may be connected thereto by a breezeway.

               (3)    Accessory structures not exceeding 30 inches in height and not exceeding 8
               square feet in ground coverage may be located in an interior side yard but shall
               maintain a 30 inch separation from the side yard line.

       (i)     Landscaping:

       In areas located within the Yuba City Sphere of Influence, Live Oak Sphere of Influence, the
Rural Communities of Sutter, Meridian, Robbins, Nicolaus, and East Nicolaus, the Sutter Industrial
Area, and the South County Industrial / Commercial Reserve Area, all required front and street side
yards shall be landscaped to at least the minimum standards:

               (1)     General Requirements

                       (A)    Trees shall be a minimum five (5) gallon size at planting and shall be
                       planted in accord with County standards.

                       (B)    Trees shall be planted away from public sidewalks or individual
                       driveways as specified on the list of trees and away from leach lines (if any).

                       (C)    Existing healthy trees on the site shall be maintained whenever
                       possible and may be used in lieu of planting new trees.

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                        (D)     Trees shall be maintained by property owners to be free from physical
                        damage or injury arising from lack of water, chemical damage, insects, and
                        diseases. Trees showing such damage shall be replaced by the same species
                        or similar tree from the list of trees. In Commercial and Industrial Districts,
                        planting areas shall be kept free from weeds, debris, and undesirable materials
                        which may be detrimental to safety, drainage or appearance.

                        (E)     Trees, shrubs, hedges, and other plant materials shall be maintained
                        so as not to create sight hazard as determined by the Director of Public Works.

                (2)     R-1 Districts - Advisory recommendation

        One (1) tree, from the approved list of trees shall be planted in each front and street side yard
at the time of occupancy of the residence. Notice of this recommendation shall be given by the
Building Inspector at the time of the issuance of the final inspection.

                (3)     R-2, R-3, R-4, C-1, C-H and M-L Districts

                        (A)     There shall be at least one (1) tree from the approved list of trees,
                        planted in an irrigated and landscaped area provided on each front and street
                        side yard setback area for each 30 feet of street frontage.

                        (B)     Required landscaping shall include varied tree and plant species. Not
                        more than twenty-five (25) percent of the landscaped area may be covered with
                        hard surfaces such as gravel, landscaping rock, artificial turf, concrete or
                        other impervious materials.

                        (C)     For any non-residential development, a planter at least 10 feet wide,
                        excluding curbing, shall be provided adjacent to properties in the R-1 and R-2
                        Districts. Within this planter, screen trees, from the approved list, shall be
                        planted in combination with other plant materials to provide a dense visual
                        screen.

                (4)     C-2, C-M, M-1 and M-2 Districts

       Planters containing live landscaping shall be provided adjacent to all street frontages in
accordance with the following regulations:

                        (A)     A perimeter planter at least five (5) feet wide, excluding curbing, shall
                        be provided adjacent to such street rights-of-way. In addition, any area within
                        the street right-of-way between the edge of the sidewalks and outer edge of the
                        right-of-way shall be developed as a planter or landscaped area in conjunction
                        with the required five (5) foot area above, subject to approval of an
                        encroachment permit, unless this requirement is waived by the Public Works
                        Director or his designee. The planter shall be increased to provide an eight (8)
                        foot deep, seven (7) foot wide area, excluding curbing, for tree planting. Within
                        this planter, trees from the approved list shall be planted at fifty (50) foot
                        spacing, at least five (5) feet but not further than ten (10) feet from the back of
                        the sidewalk, depending on specification in the list of trees. Nothing in the
                        Section shall preclude the installation of additional landscaping and the
                        planting of additional listed trees so long as it is consistent with the visibility
                        regulations.

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                       (B)     A planter at least five (5) feet wide, excluding curbing, shall be
                       provided adjacent to properties in the R-1 and R-2 Districts. Within this
                       planter, screen trees from the approved list shall be planted in accordance
                       with the list of trees, in combination with other plant materials to provide a
                       dense visual screen.

                       (C)      All landscaping shall be within planters separated from parking and
                       driveways with 6 inch concrete curbing. No planter shall be smaller than
                       twenty-five (25) square feet, excluding curbing. Each planter shall include an
                       irrigation system.

                       (D)    All landscaped areas shall be designed so that plant materials are
                       protected from vehicle damage or encroachment.

                       (E)      Not more than twenty-five (25) percent of the planter or landscaped
                       area may be covered with hard surfaces such as gravel, landscaping rock,
                       artificial turf, concrete or other impervious materials. Bus shelters are
                       excluded from this limitation.

                       (F)    Landscaping shall not obstruct driver's vision of vehicle and
                       pedestrian cross traffic. Within fifteen (15) feet of any driveway opening, all
                       mature trees shall have a seven (7) foot foliage clearance and other plant
                       materials shall not exceed thirty (30) inches in height.

               (5)     Landscaping and Screening

        In addition to the requirements for landscaping set forth in the individual zone districts, the
following requirements shall be met:

                       (A)      Decorative Walls:       Where decorative walls are required or
                       permitted adjacent to street rights-of-way, such walls shall be set at least five
                       (5) feet from the right-of-way line and said area shall be landscaped with live
                       material as specified in the applicable district. Such landscaping shall be
                       irrigated and maintained as provided for trees in the district.

                       (B)    All trash collection points and loading areas shall be located a
                       minimum of 20 feet from any residential zone and be screened from view from
                       adjacent streets or highways by decorative walls or dense landscaping. Such
                       screening shall be maintained in good condition by the property owner.

                       (C)     Security or parking lot lighting in landscaped areas shall be
                       coordinated with the landscape plan to assure that vegetation growth will not
                       interfere with the intended illumination.

               (6)     As used in this Chapter, "list of trees" and "approved list" means the list
               established by the Sutter County Board of Supervisors by resolution and as may be
               modified by resolution from time to time.

       (j)     Single-family residence - Zero lot line.

               (1)    Gross project density shall not exceed that allowed by the General Plan
               designation of the property unless a density bonus is approved by the County

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      pursuant to the Sutter County Ordinance Code.

      (2)     Must be part of a project designed for this type of development. The building
      footprints of the residences must be approved as part of the subdivision map.

      (3)     The opposite side yard must comply with the normal setback requirements for
      the District.

      (4)    No more than 2 units attached to each other.

      (5)     The wall of any residence located on the lot line shall have no windows, doors,
      air conditioning units, or any other type of openings.

      (6)      Minimum lot width may be reduced to 40 feet. If a density bonus is approved
      pursuant to the Sutter County Ordinance Code, minimum lot width may be reduced to
      36 feet.

      (7)    Minimum lot size may be reduced to 4,500 square feet. If a density bonus is
      approved pursuant to the Sutter County Ordinance Code, minimum lot size may be
      reduced to 3,600 square feet.

      (8)      Maximum building coverage may be increased to 60 percent of the lot area on
      lots of less than 5,000 square feet net area.

      (9)     Minimum rear yard shall be 15 feet or 20 percent of the lot depth, whichever is
      greater, not to exceed a maximum of 25 feet.

      (10)     A covered porch which may be screened but not enclosed and which is
      attached to the rear of the residence and located in the rear yard area of the property
      may be allowed, provided that no portion of the support for the porch roof is less than
      10 feet from the rear property line and provided that the porch complies with the side
      yard setbacks of this section.

      (11)    Total lot coverage and minimum lot sizes apply only if the lot(s) have sewer
      service.

(k)   Yard Requirements for On-site Sewage Disposal.

      Additional yard area is required for all lots utilizing on-site sewage disposal
      systems based upon the following schedule:

      1)     Lots utilizing on-site sewage disposal systems shall meet the requirements of
             the Environmental Health Program for additional lot area. New lots (excluding
             base Ag and RE Districts) within the Yuba City and Live Oak Spheres of
             Influence shall be served by public sewer and water.

      2)     The areas of any lot dedicated to the keeping of large animals (e.g., cattle,
             horses or hogs) shall be completely outside those areas utilized for sewage
             disposal.

      3)     The area of a lot being considered for a second residential unit utilizing on-site
             sewage disposal shall meet all requirements of the Environmental Health
             Program.

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1500-8024       Height Exceptions:

        (a)     Towers, spires, chimneys, machinery penthouses, scenery lofts, cupolas, water tanks,
radio and television aerials and antennae, and similar architectural structures and necessary
mechanical appurtenances may be built and used to a height not more than twenty-five 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 building height shall be used for sleeping or
eating quarters or for any commercial or advertising purposes. Height limitations provided in this
Chapter shall not apply to utility facilities which conform to Federal and State regulations, except that
the maximum height for communication equipment buildings shall be 38 feet.

      The above height limitations shall be subject to laws and regulations of the State and Federal
Government.

        (b)     Not withstanding other provisions of this Chapter, where otherwise allowed,
agricultural processing facilities such as silos and elevators may be built and used to a height of one
hundred fifty (150) feet in any non-residential district.


1500-8025       Performance Standards - Sales lots, Contractor yards, and Construction material yards:

        (a)     All equipment, materials and inoperable vehicles (those vehicles not capable of being
driven on a public road), and equipment under repair because of damage, missing parts, or any other
condition that precludes its use, shall be separated and screened from the public right-of-way and/or
adjacent properties with a 6’ tall solid fence. A solid hedge of landscaping may be required to be used
in conjunction with the fencing if the surrounding circumstances warrant a higher screen. None of the
above items shall be stored, racked, or stacked above the height of the fence. Individual equipment or
vehicles which exceed six feet in height shall be stored at a distance from the fence/landscape screen
so said equipment or vehicles will not be visible from the public right-of-way.

       (b)      Sales lots shall be paved and all vehicles displayed for sale shall be separated from
adjacent right-of-ways by an improved landscape area installed and maintained pursuant to Section
1500-8022(I).

        (c)   Those businesses/uses established prior to the enactment of this section shall meet
these standards within three (3) years from the date of enactment; or, immediately upon a change of
ownership.

1500-8026       Performance Standards - Mobile homes in "A" Districts:

        These Performance Standards shall apply to mobile homes with or without foundations
established after the date of adoption of this ordinance, to future extensions of existing mobile home
use permits and to replacement of existing mobile homes. These standards shall not apply to
temporary mobile homes by special permit as provided in Section 1500-8018(g), or to mobile homes
existing on individual parcels at the time of the effective date of this ordinance, excluding future
extensions of existing mobile home use permits.

        (a)     Prior to the issuance of any necessary permit, the applicant shall acknowledge, by his
signature, receipt of the Performance Standards as set forth in this section and such acknowledgment
shall include agreement to meet said Performance Standards.

        (b)     Skirting shall be provided along all sides of the mobile home. There shall be no storage
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of materials under the mobile home except for appurtenances removed from the mobile home and
permitted to be stored under the mobile home in accordance with the laws of the State of California.

        (c)     (Deleted)

       (d)    All mobile homes shall bear the tag or shield of approval of the California State
Department of Housing and Community Development in accordance with the Health and Safety Code
or have otherwise complied with the requirements of the said State Department to bear this seal.

       (e)     Standards of this section shall be completed prior to the date of the final inspection by
the Building Inspection Department which authorizes occupancy of the mobile home. Failure to
complete said standards within the specified time shall constitute sufficient cause to initiate
proceedings to revoke any Use Permit and/or Zoning Clearance issued.

1500-8028      Performance Standards - Residential Structures, Including Mobile homes, in
Residential Districts:

       (a)    The exterior and roofing of the structure shall be constructed of material customarily
used in conventional residential structures.

        (b)     The roof has eave and gable overhangs (measured from the vertical side of the
structure) not less than that customarily found on conventional residential structures.

       (c)     The area between bottom of the structure and the ground shall be enclosed with
materials similar to the exterior material covering of the structure. A solid concrete or masonry
perimeter foundation or other skirting materials used with conventional residential structures will be in
compliance with this requirement.

         (d)    The exterior and roofing of the garage or carport shall be of similar material as utilized
in the residential structure.

         (e)     The finished floor of the residential structure shall not exceed a height of 32 inches
above the finished grade of the lot measured adjacent to the vertical wall of the structure (except for
split level structures and structures otherwise required to be elevated for flood protection).

        These Performance Standards shall be enforced by the Building Official and sufficient data,
including but not limited to foundation plans and elevations of the structure, shall be reviewed at the
time of the issuance of a construction or other building permit. Modifications to these Performance
Standards may be permitted by the Planning Commission subject to the issuance of a use permit.

1500-8030       Zoning Clearance - Mobile homes:

         No building permit or occupancy permit shall be issued for the establishment of a mobile home
on any parcel of land under the provisions of this Chapter, except in a residential district, unless and
until a Zoning Clearance has been issued by the Community Services Department of the County of
Sutter and such clearance shall be accompanied by an acknowledgment by the applicant of a receipt
of the Performance Standards set forth in Section 1500-8026 of this Chapter, and such
acknowledgment shall include an agreement to meet said standards.

1500- 8032      Height, Bulk, Space Requirements and Development Standards for Mobile home Parks:

     (a)     All development plans as described herein shall be submitted to the Planning
Commission for approval prior to requesting a building permit.

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                                                                                Sutter County Zoning Code


       (b)   Design Review: All mobile home parks shall be subject to design review by the
Planning Commission and shall meet all provisions of this Section.

       (c)   All mobile home lots shall have access to internal private streets located within the
mobile home park. There shall be no direct access from a mobile home lot to a public street or alley.

        (d)     Recreation spaces or other open spaces shall be provided for each mobile home park.
Such required space shall have an area of at least 5,000 square feet, plus 100 square feet for each
mobile home lot. Such required space may be divided into several locations, but no single location
shall contain less than 1,000 square feet. Such required space shall be accessible to all of the mobile
home lots in the park, and shall not be used for any purpose except recreation.

        (e)       Utility connections to each individual mobile home lot shall be placed underground.
Electric utility and telephone lead-ins between the transmission pole and the mobile home park shall
be subject to the same requirements provided in this Ordinance Code for subdivisions located in the
same area, provided that nothing herein shall be deemed to exempt mobile home parks from the
requirements applicable to underground utility districts.

        (f)     All mobile home lots in a mobile home park shall average at least 3,000 square feet in
area, and in no case shall a lot be less than 2,500 square feet.

         (g)     The minimum distance required for the separation of a mobile home from any other
mobile homes shall be as follows: 10 feet from side to side, 8 feet from side to rear, and 6 feet from
rear to rear; provided, however, that each mobile home and each building within the mobile home park
shall not be located closer than 3 feet from any rear or side lot line.

        (h)     An ornamental enclosure of 6 feet in height, consisting of a wall, evergreen hedge,
chain link fence with vertical slats, grape stake or other ornamental wood fence or a combination of
the foregoing, shall be constructed along the rear lot line and the side lot lines, subject to architectural
review and approval by the Planning Commission.

         (i)     An ornamental enclosure, as described in paragraph (h), shall also be constructed
along the front of the mobile home park site, except for the access way, subject to the following
additional provisions and exceptions: Where the street or highway in front of the mobile home park
site is a major or secondary highway alignment or a part of the select system of the County or adopted
General Plan such enclosure shall be constructed along the proposed right-of-way line. Where mobile
home sites are parallel (side-on) to the enclosure or where an interior roadway runs parallel to the
enclosure, it shall be 48 inches in height. Where mobile home sites back up to the enclosure, such
enclosure shall be at least 6 feet in height, and shall maintain the required front yard setback for the
mobile home park for the particular zone in which the park is situated, unless a more stringent
condition is imposed in conjunction with any proposed widening of the highway.

        (j)    A landscaping plan showing proposed landscaping of the mobile home park shall be
submitted to the Planning Commission for architectural review and approval prior to construction of
the park. Such landscaping shall be installed prior to occupancy and continuously maintained. The
landscaping plan shall include trees equal in number to the mobile home lots within the park, provided
that trees may be grouped for landscaping effect.

       (k)     All access roads within the park shall be a minimum of 25 feet in width, exclusive of
required parking areas.

        (l)     The owner of the proposed site shall offer free of charge to the County of Sutter all

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necessary rights-of-way adjacent to the site as may be necessary to conform to the requirements of
the select system or adopted General Plan.

        (m)     A plan shall be filed for on-site drainage facilities, subject to approval by the
designated representative of the Planning Commission. Drainage facilities shall be installed prior to
occupancy and continuously maintained. No drainage shall be permitted to flow from the site to the
right-of-way of any public road or highway except as approved by the Director of Public Works.

       (n)      A plan shall be submitted to the Planning Commission showing water drains, fire
hydrants, and fire flow, after consultation with the County Fire Chief and which shall be installed prior
to occupancy.

       (o)    Adequate water and sewage disposal facilities shall be supplied in accordance with the
requirements of the Department of Health Services, State of California, Department of Housing and
Community Development of the State of California and/or the Sutter County Community Services
Department Environmental Health Program prior to occupancy and shall be continuously maintained.

       (p)     No mobile home lot or mobile home shall be located in or permitted to occupy any front
yard setback, side yard setback, or rear yard setback as required by the zone in which the mobile
home park is located.

        (q)     Concrete curbs and gutters may be required adjacent to all public streets or highways.

       (r)    Only independent mobile homes displaying the insignia of approval duly authorized by
the Department of Housing and Community Development of the State of California in accordance with
the Health and Safety Code will be permitted in mobile home parks which are the subject of this
Section.

        (s)     The Planning Commission may, in the exercise of reasonable discretion, prescribe
additional conditions and require additional physical facilities as a condition to the issuance of any
such permit, when it is determined that such is reasonably necessary to insure the protection of the
character of neighboring properties, compatibility with neighboring land uses, and protection of the
health, safety, and general welfare of persons living within and in the neighborhood of the mobile
home park.

       (t)   A request for modification or waiver of conditions and performance standards may be
processed according to Division 84 - Variances.

       (u)      All pertinent State and County regulations concerning the development and operation
of mobile home parks shall be observed. Nothing contained in this Section shall be construed to
abrogate, void, or minimize such other pertinent regulations.

       (v)      Any decisions made subject to this Division may be appealed according to Division 3 -
Appeals.

        (w)     Minimum Lot Area for mobile home parks:         5 acres.

1500-8033       Medical Marijuana Dispensaries

        No zoning designation within Sutter County allows for the establishment or operation of
such a facility.



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                            DIVISION 81
                PARKING AND LOADING REQUIREMENTS

1500-8110       Purpose:

        The purpose of this Division is to:

        1)      Provide off-street parking and loading spaces for all land uses.
        2)      Promote vehicular and pedestrian safety.
        3)      Reduce street congestion and traffic hazards.
        4)      Provide and maintain safe and well designed off-street parking facilities.

        At the time of the erection of any main building, or at the time any main building is enlarged or
increased in capacity, or a change in the nature of occupancy which would require increased parking
requirements, there shall be provided minimum off-street parking space, together with provisions for
ingress and egress, in accordance with this section. Where multiple uses are conducted upon the
same site or within the same building, parking requirements shall be calculated for each separate use,
with the total required number of spaces equaling the total of all combined uses. Any fraction of a
space shall be rounded up to the nearest whole number. All required parking spaces shall be
available for business employee and/or customer use. Businesses and other uses having fleet
vehicles or equipment shall not park any fleet vehicle or store any equipment in any required parking
space or driveway.

1500-8112       Parking Requirements:


 Uses                                                Number of Off-Street Parking Spaces
                      Residentially related uses -
                                                     One (1) parking space per studio apartment or
                                                     residence unit containing one bedroom; one
                                                     and one-half (1-1/2) parking spaces per
                                                     residence unit containing two bedrooms; and
                                                     two (2) parking spaces per residence unit
                                                     containing three or more bedrooms. In
                                                     addition, 1 guest space for each 10 units shall
 Apartments and multiple residences                  be provided.

 Duplexes and Triplexes                              Two (2) parking spaces per unit.

 Single-family homes and mobile homes                Two (2) parking spaces per unit.

 Second unit additions, containing 1,200             One (1) additional space for one bedroom.
 square feet or less, to existing one family         Two additional spaces for two or more
 residences                                          bedrooms.

 All other second units in R-1 zones                 Two (2) additional spaces.

                                                     One (1) parking space per unit or room plus
                                                     one space for each 2 employees on the largest
 Motels and hotels                                   shift.




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Uses                                                 Number of Off-Street Parking Spaces

                                                     Two (2) parking spaces per unit, plus one (1)
                                                     parking space for each five (5) units for guest
                                                     parking. Mobile home park spaces set aside
                                                     for overnight use only shall be excluded from
Mobile home parks                                    guest parking requirements.

Rooming houses, boarding houses                      One (1) space for each guest room
                       Commercially related uses -   1 space per 175 square feet of gross floor area
                                                     or 1 space per employee at maximum
                                                     employment plus 1 space per 250 square feet
Banks                                                of gross floor area, whichever is greater.

Billiard/pool parlor                                 2 spaces for each table.

Bowling alleys                                       Three (3) parking spaces for each lane.

                                                     One (1) parking space per each 300 square
Business and professional offices                    feet of gross floor area.

                                                     One (1) parking space for each four (4) seats
                                                     (if benches, each seat is 20 inches of lineal
                                                     length), one space for 40 square feet of
Churches and religious facilities                    assembly seating area.

Commercial service establishments,                   One (1) space for each 400 square feet of floor
wholesale establishments, large                      space; for large appliance/furniture stores - 1
appliance/furniture store, repair shops,             space for each 1,000 square feet of floor
and retail stores which exclusively handle           display area, office, etc. plus 1 space for each
bulky merchandise                                    2,000 square feet of warehouse storage.

Dance halls, assembly halls without                  One (1) parking space for each 100 square feet
fixed seats, and exhibition halls or facilities      used for assembly.

                                                     1 space per teacher plus 1 space per 400
                                                     square feet of the structure used by the
Day care centers                                     children.

Golf, miniature                                      1 space per hole plus other uses.

                                                     One (1) space for each bed, plus 1 space for
                                                     each 300 square feet of area used for office,
Hospitals                                            clinics, testing, research administration, etc.

                                                     1 space per 400 square feet of gross floor
Laboratory, medical and dental                       area.

                                                     1 space for each 300 square feet of gross floor
Libraries, museums, art galleries                    area.
                                                     One (1) parking space for each four (4) seats in
Lodge or clubs                                       any assembly hall.




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Uses                                           Number of Off-Street Parking Spaces

                                               One (1) space per each 200 square feet of
                                               gross floor area or five (5) spaces for each
Medical and dental offices                     doctor, whichever is greater.

                                               One (1) parking space per forty (40) square
                                               feet of gross floor area of assembly rooms
                                               used for services but in no case less than ten
Mortuaries and funeral homes                   (10).

                                               1 space per 500 square feet of gross floor area
                                               for office, showroom, vehicle repair and parts
Outdoor sales (auto, boat, and other           department, plus 1 space per 10,000 square
outdoor uses except equipment storage)         feet of outdoor display area.

                                               One (1) space for each 150 square feet of retail
Personal services                              floor area.
                                               1 space for each 2 beds (includes residential
Rest homes, extended care facilities or        care facilities for 7 or more and convalescent
sanitariums                                    hospitals).
                                               One (1) space for each 150 square feet of retail
                                               floor area, plus 1 space per 500 square feet of
                                               additional gross floor area (office, storage,
Retail food stores and convenience stores      etc.).

Retail stores and shopping centers (except     One (1) space for each 250 square feet of floor
food stores and personal services)             space.

                                               1 space per 250 square feet of indoor retail
                                               sales area, office etc. plus 1 space for each
                                               500 square feet of indoor plant display area,
                                               plus 1 space for each 2,500 square feet of
Retail nursery/garden shop                     outdoor plant display area.

                                               One (1) space for each three (3) seats, one (1)
                                               space for each 50 square feet of dance floor
                                               area without fixed seats, plus one space for
                                               each 500 square feet of gross floor area for
                                               non-customer areas. No parking is required for
                                               outdoor seating when outdoor seats provided
Restaurant and cocktail lounges                equal 25% or less of total indoor seating.

                                               1 space for each 150 square feet of gross floor
                                               area, or 1 space per 1.5 students and staff at
Schools (business and trade)                   design capacity, whichever is greater.

                                               Nursery/pre-school - 1 space per staff member
                                               plus 1 space for each 10 children;
                                               Elementary/junior high - 2 spaces per
                                               classroom;
                                               High School - 7 spaces per classroom;
                                               Community college/university - 10 spaces per
Schools                                        classroom.


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 Uses                                                    Number of Off-Street Parking Spaces

                                                         One (1) space for every 3,000 square feet of
 Service stations                                        land area or major fraction thereof.

                                                         1 space per 40 square feet of gross floor area,
 Tennis/racquetball/health club                          plus 1.5 spaces per court.

 Theaters, auditoriums, stadiums,
 and arenas                                              One (1) parking space for each four (4) seats.

                                                         1 space per 200 square feet of gross floor
 Video game arcade                                       area.
                           Industrially related uses -
                                                         1 space per 2,000 square feet of gross floor
 Agricultural processing facilities                      area.
                                                         1 space per 500 square feet of gross floor area
                                                         plus 1 space per .5 acre of gross outdoor use
 Auto dismantling/junk yards/recycling centers           area.

                                                         One (1) parking space for each employees
 Manufacturing establishments                            based on the shift having the most employees.

                                                         1 space per 300 square feet of office area, plus
 Mini-storage facilities
                                                         4 spaces for customer parking.

 Warehouse and wholesale storage                         One (1) parking space for each 2,000 square
 establishments                                          feet of gross floor area.

                                                         Determined by the Community Services
                                                         Director based upon the requirements for
                                                         comparable uses, may be based upon
 Non-specified uses                                      standards established by other jurisdictions.


1500-8114      Loading requirements:

        Loading spaces: Retail, warehousing, wholesale storage and manufacturing buildings
occupying a gross floor area of 5,000 square feet or more shall provide one (1) loading space and one
(1) additional loading space shall be provided for each additional 20,000 square feet or major fraction
thereof of gross floor area.

1500-8116      Parking space and loading space size:

         (a)     Parking spaces shall not be less than nine (9) feet in width and eighteen (18) feet in
length for all spaces except parallel which require ten (10) feet in width and twenty four (24) feet in
length, exclusive of aisles and access drives, except that in R Zones not more than thirty-five percent
(35%) of all required spaces may be reduced to seven (7) feet six (6) inches in width and sixteen (16)
feet in length, and such spaces shall be dispersed throughout the parking lot and marked as compact
car parking only, and the resultant area saved is encouraged to be used for landscaping. Parking lots
existing on the effective date of this ordinance and designed to include compact car spaces shall be
deemed to contain the number of parking spaces provided, including such compact car spaces, and
shall not be required to eliminate compact car spaces upon a change or use or occupancy. Tandem


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parking shall be allowed in mobile home parks and mobile home subdivisions. Parking space lengths,
except for parallel and compact spaces, may be reduced by up to 2.5 feet when the space abuts a
minimum 5 foot wide landscaped area bordered by a 6 inch high by 6 inch wide continuous concrete
curb or sidewalk a minimum of 2.5 feet wider than the minimum width required by the California State
Handicapped Access regulations (please refer to parking lot detail graphic).

       (b)       Loading spaces shall not be less than ten (10) feet in width, forty (40) feet in length, and
provide for at least fourteen (14) feet in height clearance, exclusive of aisles and access drives.

         (c)    Required parking spaces shall not be located in any front or street side yard setback
areas. Any driveway leading to a garage, carport, or parking space shall not be less than twenty (20)
feet in length, measured from the nearest boundary of the adjacent right-of-way. On a given lot,
recreational vehicles can only be parked behind the front setback line of the house or, in the case of a
corner lot, behind the setback line facing each street or right-of-way and shall be screened to a height
of 6 feet from view from any public or private right-of-way. A recreational vehicle used as daily
transportation may be parked overnight on recognized parking areas.

      (d)       Driveway widths for off-street parking areas shall be not less than the following
schedule:

                (1)      For two-way traffic serving 2 to 4 spaces:                12 feet.
                (2)      For two-way traffic serving 5 to 8 spaces:                16 feet.
                (3)      For two-way traffic serving 9 or more spaces:             22 feet.
                (4)      For one-way traffic serving 2 or more spaces:             12 feet.

        (e)     Minimum accessways where vehicles are allowed to back into or from the accessway
shall be in accordance with the following schedule (please refer to parking lot detail graphic):

                (1)      Parallel parking:        12 feet
                (2)      30 angle parking:       13 feet
                (3)      45 angle parking:       15 feet
                (4)      60 angle parking:       19 feet
                (5)      90 angle parking:       27 feet


1500-8118       Parking lot design and use:

       (a)     Shopping cart storage: Where businesses use shopping carts, adequate close-by
temporary storage areas shall be provided throughout the parking lots. Shopping cart storage shall be
shown on approved development plans and shall be maintained so as not to obstruct minimum
required walkways.

         (b)    Parking lot screening: For commercial and industrial uses, when adjacent to or across
the street from a residential zone a bermed 15 foot wide street perimeter landscape strip shall be
required with sufficient tree and shrub vegetation to produce a 75% opaque screen within 5 years of
installation. It shall be the responsibility of the owner to maintain such landscaping to ensure
adequate sight distance at points of ingress and egress. A minimum 6 foot high masonry wall shall be
constructed at the back of the landscape strip, with the design to be approved by the Community
Services Director.

        (c)    Joint use of common parking facilities: The Planning Commission may grant a use
permit for reduction in the total number of parking spaces when the joint use of a parking facility has
divergent needs in relation to user on the basis of non-use by one user during a period of use by
another such as during nighttime in relation to daytime hours, or weekdays in relation to weekends.

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Conditions for allowing joint uses:

       (1)    The buildings or uses shall be within 500 feet of the nearest point by walking
       distance to a parking facility;

       (2)    The applicant shall show there is minimal conflict in the principal operating
       hours of the buildings or uses for which the joint parking facilities are proposed; and

       (3)    The parties concerned in the joint use of off street parking facilities shall show
       evidence of an agreement for such joint use by a proper legal instrument. Such
       instrument when approved as conforming to the provisions of this section shall be
       recorded in the office of the County Recorder and copies thereof filed with the Building
       and Planning Programs of the County.

(d)    Off-site parking:       The Planning Commission may grant a use permit for off-site
                               parking provided the following conditions are met:

       (1)    The site is within 500 feet (walking distance) of the use and is not separated
       from the use by any feature which would make pedestrian access inconvenient or
       hazardous.

       (2)     The site on which the parking is located shall be owned, leased or otherwise
       controlled by the party controlling the use.

       (3)    The site is surfaced as required by this article and is landscaped in
       conformance with this chapter.

       (4)     The parking requirements at the off-site location are not compromised.

(e)    Required bicycle parking facilities:

       (1)     Amount of bicycle parking spaces required.

               (A)     Commercial and Industrial:      Shall provide bicycle parking at a ratio
                                                       equal to three (3) percent of required
                                                       auto parking.

               (B)     Institutional:                  Elementary schools, middle schools,
                                                       high schools and colleges shall
                                                       provide as many spaces as required for
                                                       auto parking.

                                                       Cultural/library services, trade schools,
                                                       business colleges, and commercial
                                                       schools shall provide at 10 percent of
                                                       required auto parking.

       (2)     Requirements for bicycle parking facilities.

               (A)      Location - Bicycle parking facilities shall be located on the same lot or
               building site as the building or use incurring these requirements, or shall be
               located on an adjacent, contiguous lot. Bicycle facilities shall be located so as
               to be at least as convenient as the majority of vehicular parking areas, and as


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                                                                   Sutter County Zoning Code

             closely oriented to adjacent bikeways as possible.

             (B)     Bicycle facility standards –

                     1.     Bicycle parking facilities shall include provisions for storage
                     and locking of bicycles, either in lockers of secured racks or
                     equivalent installations in which the bicycle frame and wheels may be
                     locked by the user. Racks or lockers shall be anchored so that they
                     cannot be easily removed. It is recommended that bicycle facilities be
                     covered and /or located so that they are protected from the elements.

                     2.      Bicycle racks and lockers shall be designed with respect to
                     safety, convenience, and security.

                     3.     Bicycle racks shall be designed and located to insure that they
                     relate well to the remainder of the facilities, are architecturally
                     consistent with the site and structures, and are located in the most
                     appropriate location.

             (C)     Maintenance - Bicycle parking facilities as required herein shall be
             maintained for the duration of the use incurring said requirements and shall
             not be used for other purposes.

(f)   Improvement Standards:

      (1)     In areas designated on the General Plan as the Yuba City Sphere of Influence,
      Live Oak Sphere of Influence, the Rural Communities of Sutter, Meridian, Robbins,
      Nicolaus, East Nicolaus, all industrial and commercial zoned areas including the
      Employment Corridor areas, and FPARC, required parking spaces and accessways
      shall be improved with either four (4) inches of Class 2 aggregate base or seven (7)
      inches of Butte Rock base with a 3/4 inch maximum grading requirement and such
      areas shall be paved with two (2) inches of asphalt concrete with one-half (½) inch
      grade requirement. All commercial, industrial, or multiple-family parking areas shall
      be striped or otherwise marked to delineate the parking spaces and accessways along
      with bumper or wheel stops.

      Equivalent base rock and paving materials may be approved by the Director of Public
      Works and may require evaluation of soil capabilities (R value) and anticipated traffic
      loading (traffic index). Adequate drainage shall be provided in accordance with the
      requirements of the Director of Public Works. Best management practices to reduce
      runoff pollutants will be incorporated, including using landscape areas for detention
      and filtration of pollutants.

      (2)    All other areas not described above shall have the required parking spaces and
      accessways improved with a minimum of four (4) inches of either Class 2 aggregate
      base or Butte Rock for residential uses, and either six (6) inches of Class 2 aggregate
      base or eight (8) inches of Butte Rock base for all other type uses. All such parking
      spaces and accessways shall have a one-half (½) inch grading requirement.

(g)   Landscaping:

      (1)    The landscape requirements of this Section shall be applied so that:



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                                                                            Sutter County Zoning Code

                       (A)    All new development shall provide landscaping, shading and screening
                       as specified in the applicable zone district;

                       (B)    All expansion of floor area or change of use in an existing development
                       on property containing less than five (5) acres which requires additional
                       parking shall provide landscaping, shading and screening for such additional
                       parking area as specified in the applicable zone district; and

                       (C)    All expansion of floor area or change of use in an existing development
                       on property containing five (5) acres or more shall provide landscaping,
                       shading and screening as specified in the applicable zone district.

               (2)     For properties zoned R-3, R-4, C-H, C-1, C-2, C-M, ML, M-1 and M-2 in the Yuba
               City Sphere of Influence, Live Oak Sphere of Influence, the Rural Communities of
               Sutter, Meridian, Robbins, Nicolaus, and East Nicolaus, and properties zoned
               Employment Corridor (EC), planters containing live landscaping shall be provided
               adjacent to and within parking areas in accordance with the following regulations:

                       (A)     In addition to yard landscaping, parking lots of five (5) spaces or more
                       shall provide landscaped areas in the interior of the parking lot covering a
                       percentage of the total parking area as follows:

                               Parking Spaces           % of Total Parking
                                Required               Area to be Landscaped
                                5 - 24 spaces             5.0% minimum
                               25 - 49 spaces             7.5% minimum
                               50 + spaces               10.0% minimum

                       (B)      Parking lot landscaping shall include shade trees, from the approved
                       list, placed so as to cover a percentage of the total parking area with tree
                       canopies within fifteen (15) years of planting, as follows:

                               Parking Spaces           % of Total Parking
                                Required               Area to be Shaded
                                5 - 24 spaces                   40.0% minimum
                               25 + spaces              50.0% minimum

        Tree coverage shall be determined by the approximate crown diameter of each tree at 15 years
as estimated on the approved tree list or other authoritative source. Trees shall be a minimum fifteen
(15) gallon size at planting. Total parking area, as used for landscaping and shading requirements,
shall be measured between lines drawn five (5) feet outside of the paved areas used for parking and
maneuvering area, but not including accessways. Shading requirements can partially be met by
perimeter or yard trees insofar as such trees actually shade such total parking area.

       The percentage of area required to be shaded shall be based on the number of above-ground
and uncovered parking spaces provided and shall not include the percentage of maneuvering spaces
which may be attributable to covered parking spaces.

                       (C)     All landscaping shall be within planters bounded by a curb at least six
                       (6) inches high except adjacent to sidewalks, property lines or fences. No
                       planter shall be smaller than twenty-five (25) square feet, excluding curbing.
                       Each planter shall include an irrigation system.



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                                                                             Sutter County Zoning Code

                      (D)     Existing healthy trees shall be preserved whenever possible. All
                      landscaped areas shall be designed so that plant materials, at maturity, are
                      protected from vehicle damage or encroachment and a minimum of three (3)
                      feet from the back of the curb or wheel stop where vehicle overhang is
                      permitted.

                      (E)     All plant materials shall be maintained by property owners to be free
                      from physical damage or injury arising from lack of water, chemical damage,
                      insects and diseases. Plant materials showing such damage shall be replaced
                      by the same or similar species, or trees from the list of trees. Planting areas
                      shall be kept free from weeds, debris, and undesirable materials which may be
                      detrimental to safety, drainage or appearance.

                      (F)      Not more than twenty-five (25) percent of the planter or landscaped
                      area may be covered with hard surfaces such as gravel, landscaping rock,
                      artificial turf, concrete or other impervious material. Bus shelters are excluded
                      from this limitation.

                      (G)     Varied tree and plant species shall be used throughout the parking lot.
                      No one species shall comprise more than seventy-five (75) percent of the
                      plantings within each of the following categories: Shade tree, screen tree,
                      shrub.

                      (H)     Landscaping at the end of aisles shall not obstruct the driver's vision
                      of vehicle and pedestrian cross traffic. Mature trees shall have a seven (7) foot
                      foliage clearance and other plant materials shall not exceed thirty (30) inches
                      in height.

        (h)    Exterior lighting of parking areas and buildings:

               (1)    Parking lots that require 5 or more parking spaces shall be lit as follows:

                      residential:            open lots and carports shall have one foot-candle of
                                              light on the entire paved area of parking surface during
                                              the hours of darkness.

                      non-residential:        open lots and access thereto for use by the general
                                              public shall have one foot-candle of light on the entire
                                              paved area from dusk to the end of business.

               (2)    Building lighting:

                      multi-family:           aisles, passageways and recesses shall have .25 foot-
                                              candles at ground level during hours of darkness.

                      non-residential:        all exterior doors during hours of darkness shall have
                                              one foot-candle of light.

                      shielding:              in all districts shielding is required to limit glare onto
                                              public right-of-way or adjoining properties.

       (i)     Maintenance. All required parking facilities including striping, handicapped parking
and bicycle parking areas shall be well maintained, and kept free of litter and debris.


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       (j)     Any modification to the requirements and standards of this Division may be permitted
only upon the securing of a use permit pursuant to this Chapter.




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      Sutter County Zoning Code




149
                                                                                Sutter County Zoning Code


                                          DIVISION 82
                                         USE PERMITS

1500-8210       Purpose:

         The County realizes that certain uses have operational characteristics that , depending on the
location and design, may have the potential to negatively impact adjoining properties and uses. Such
uses therefore require a more comprehensive review and approval procedure in order to evaluate and
mitigate any potentially detrimental impacts. Use permits, which may be revocable, conditional or
valid for a term period, may be issued by the Planning Commission for any of the uses or purposes for
which such permits are required or permitted by the terms of this Chapter. Guarantees to ensure
compliance with the terms and conditions may be required by the Commission.

1500-8212       Application and Fee:

        Application for use permits shall be made in writing on a form prescribed by the Community
Services Department and shall be accompanied by plans and elevations necessary to show details of
the proposed use or building(s), and the appropriate environmental documents. Such application
shall be accompanied by a fee as established by resolution of the Board of Supervisors and such
other fees as may be necessary to process any required environmental document.

1500-8214       Public Hearing - Notice:

        A public hearing on the application shall be held within 60 days after the application is deemed
complete, unless circumstances beyond the control of the county will not allow such hearing to take
place. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the
owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.
Notice of the hearing shall be delivered at least 10 days prior to the hearing to each local agency
expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to
the project, whose ability to provide those facilities and services may be significantly affected. Notice
of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real
property as shown on the latest equalized assessment roll within 400 feet of the real property that is
the subject of the hearing. In lieu of utilizing the assessment roll, the county may utilize records of the
county assessor or tax collector which contain more recent information than the assessment roll. If
the number of owners to whom notice would be mailed or delivered pursuant to this section is greater
than 1,000, the county, in lieu of mailed or delivered notice, may provide notice by placing a display
advertisement at least one-eighth page in at least one newspaper of general circulation within the
county at least 10 days prior to the hearing. If the notice is mailed or delivered to the owners of
property within 400 feet, the notice shall also be: (a) Published pursuant to Government Code Section
6061 in at least one newspaper of general circulation within the county at least 10 days prior to the
hearing. The notice shall include the information specified in Government Code Section 65094. In
addition to the notice required by this section, the county may give notice of the hearing in any other
manner it deems necessary or desirable.

1500-8216       Action by Planning Commission:

A.      Single Application Decisions

        The Planning Commission may approve or conditionally approve a use permit if it finds that
the establishment, maintenance, or operation of the use or building applied for will not, under the
circumstances of the particular case, be detrimental to the health, safety, and general welfare of


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persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious
to property and improvements in the neighborhood or to the general welfare of the County.
Additionally, the Commission shall find that the use or activity approved by the use permit is
consistent with the General Plan. The action of the Planning Commission shall become final within ten
(10) days unless an appeal is filed pursuant to Section 1500-8220 of this Chapter.

B.      Multiple Application Decisions

       In the case of multiple applications in which one or more project requires the Board of
Supervisors action, the Planning Commission shall forward their recommendation only. The Board
of Supervisors shall consider and decide all of the applications.

1500-8217       Activation:

       A use permit shall be deemed activated if building permits have been issued and the
inspection process is considered currently active. If the use does not require a building permit, the
use permit shall be deemed activated if the use is formally established and can be documented
through business records, tax records or other evidence as determined by the Community Services
Director. If the applicant for the use permit does not intend to activate it within one year from the date
of approval, it may be extended not more than two times for a term period of one year each time
subject to the discretion of the Community Services Director. Such request for extension must be
received prior to the expiration of the permit and be accompanied by a fee established by resolution of
the Board of Supervisors.

        Any portion of a use permit that has not been activated within 3 years of the date of approval
shall become null and void without further action unless extended per Section 1500-8222 of this
Division. Those portions of the use permit that have been activated within the specified time frame
shall remain valid.

1500-8218       Revocation:

        (a)     In any case where the conditions of a use permit have not been complied with, the
Board of Supervisors shall give notice to the permittee of intention to revoke such permit at least ten
(10) days prior to a hearing thereon. Following such hearing, the Board of Supervisors may revoke
such permit.

         (b)     In any case where a use permit has not been activated within one (1) year after the date
of granting thereof, then, without further action, the use permit granted shall be null and void.
Provided, however, that the running of the period within which a use permit must be used shall be
suspended during any period when the permittee is prevented from using the use permit due to
litigation or other proceedings contesting or affecting the validity thereof. Such suspension shall
commence with the date of filing of the complaint or other initial document commencing such
litigation or other proceeding and continuing until final judgment therein or other final disposition.

        (c)     In any case where an established use allowed by use permit has been abandoned, or is
discontinued for a period of six (6) months or more, then, without further action the use permit granted
shall be null and void.

1500-8220       Appeal:

        Appeal from any finding or action by the Planning Commission shall be made pursuant to
Division 3 - Appeals of this Chapter.



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1500-8222       Extension of Time - Use Permits:

       Application for extension of the term period of an activated use permit shall be made to the
Community Services Department on a form prescribed by the Department together with evidence of
conformance to the Zoning Code and conditions of the use permit approval. The application shall be
accompanied by a fee as established by resolution of the Board of Supervisors. The Community
Services Director may extend such use permit upon finding that the use complies with the Zoning
Code and any conditions of approval and that the area has not substantially changed since the use
permit was issued.

       If the Community Services Director does not extend the permit, it shall be placed on the
agenda of the Planning Commission after giving notice to the permittee and to adjacent property
owners as provided in this Division. The Planning Commission may, after the hearing, extend the use
permit with or without modification of original conditions of approval, or may terminate the use permit
upon finding violation of the Zoning Code or conditions of approval or a change in character of the
neighborhood which makes the use permit detrimental to that neighborhood.

1500-8224       New Applications Following Denial:

        Following the denial of a use permit application or request for an extension of time of a use
permit, revocation of a use permit, or denial of an appeal thereon, no application for a use permit or
extension of time of a use permit for the same or substantially the same use permit on the same or
substantially the same site shall be filed within six (6) months from the date of the denial, revocation,
or denial of the appeal thereon.

1500-8226       Amendments to Use Permits:

         Amendments to Use Permits may be made by the submission of a Use Permit application form
clearly identifying the request as a proposed amendment to an existing, valid Use Permit. Any such
request shall be accompanied by a fee as established by resolution by the Board of Supervisors.
Upon receipt of a completed application, the Community Services Director shall determine the degree
of review required for the proposal based upon the nature, character and intensity of the proposed
change. This determination will result in one of the following courses of action:

       (a)     If the proposed change is determined to be minor in nature, consistent with the
character of the existing use and not a significant increase in intensity of the use of the site (e.g.
expansion of existing use with a less than 10% increase in floor area or parking demand) the
amendment may be reviewed and approved, approved with conditions or denied by the Community
Services Director.

       (b)     If the proposed change is determined to be a major change (e.g. change in use or
expansion equal to or greater than 10% increase in floor area or parking demand), the proposed
amendment will be referred to the Planning Commission for consideration at a duly noticed public
hearing as provided in this Division. Additional fees shall be required as established by resolution by
the Board of Supervisors.

     Any determination by the Community Services Director may be appealed to the Planning
Commission in the manner set forth in Division 3 - Appeals of this Chapter.




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                                  DIVISION 83
                               ZONING CLEARANCES

1500-8310      Purpose:

        The Zoning Clearance process is established to provide for an administrative review process
for certain permits that require additional review to ensure that they comply with performance
standards or other criteria established for that particular use. The establishment of the Zoning
Clearance review process will assist in implementing the General Plan and provide for the public’s
health, safety and general welfare.

1500-8312      Application and fee:

        A Zoning Clearance certificate may be issued by the Community Services Director or his
authorized representative. The certificate shall state that the proposed activity is in compliance with
the provisions of the district in which such activity is to occur. Such zoning clearance shall be
accompanied by an acknowledgment that the applicant has read and understands the appropriate
regulations and/or performance standards and further agrees to comply with said regulations and
standards. Any request for a zoning clearance that is not associated with a permit for which a fee is
collected and any request for an extension thereof, shall be accompanied by a fee as established by
resolution of the Board of Supervisors.

1500-8314      Enforcement:

        If such regulations and/or standards are not complied with, the Community Services Director
may revoke said zoning clearance. A notice of intention to revoke the zoning clearance may be sent by
U. S. certified mail or such other method as deemed necessary. In case the applicant is not satisfied
with the action of the Community Services Director, the applicant may, within ten (10) days, appeal in
writing to the County Planning Commission as provided for in Division 3 - Appeals.




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                                          DIVISION 84
                                          VARIANCES
1500-8410      Purpose:

         The County realizes that under certain circumstances an applicant, while attempting to comply
with the provisions of the zoning code as strictly interpreted, may because of certain physical
conditions related to the site, such as size, shape, dimensions, topography, or unique setting,
experience practical difficulties and/or unnecessary physical hardships which are inconsistent with
this code’s purpose. This Division is intended to provide a mechanism whereby the Board of
Supervisors may grant relief from the applicable provision of the Zoning Code provided that certain
criteria are met.

1500-8412      Application and Fee:

        (a)    Application for a variance shall be made in writing on a form prescribed by the
Community Services Department and shall be accompanied by a fee as established by resolution of
the Board of Supervisors and such other fees as may be necessary to process any required
environmental document. The application shall be accompanied by plans, elevations, statements and
other evidence showing that:

               (1)     Due to special circumstances applicable to the property, including size, shape,
               topography, location or surroundings, the strict application of the Zoning Code
               deprives the property of privileges enjoyed by other property in the vicinity and under
               identical zoning classification.

               (2)    Granting of the variance will not constitute a grant of special privileges
               inconsistent with the limitations upon other properties in the vicinity and zone district
               in which the property is located.

               (3)     A variance shall not be granted for a property which authorizes a use or
               activity which is not otherwise expressly authorized by the zoning classification
               governing the property.

1500-8414      Public Hearing - Notice:

       Notice for hearing shall be provided in a manner consistent with Section 1500-8214 of this
Chapter.

1500-8416      Action by Planning Commission and Board of Supervisors:

A.     Single Application Decisions

        Following the public hearing, the Planning Commission shall make finding of facts showing
whether the criteria under Section 1500-8412 (a) (1) through (3) are met. The Planning Commission
shall then forward a recommendation of approval or denial to the Board of Supervisors, which shall
hold a public hearing with regard to the application. The Board of Supervisors shall grant the
adjustment only if it finds that these criteria do apply and that such variance is consistent with the
general purpose of this Chapter. The Board of Supervisor’s decision shall be final.


B.     Multiple Application Decisions


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       In the case of multiple applications concerning the project, the Planning Commission shall
forward only its recommendation on all of the applications. The Board of Supervisors shall
consider and decide all of the applications.

1500-8419       New Applications Following Denial:

        Following the denial of a variance application or revocation of a variance, no application for a
variance for the same or substantially the same variance on the same or substantially the same site
shall be filed within six (6) months from the date of the denial or revocation thereon.

1500-8420       Revocation:

       (a)     In any case where the conditions of granting of a variance have not, or are not,
complied with, the Board of Supervisors shall give notice to the permittee of its intention to revoke
such variance at least ten (10) days prior to hearing thereon. After conclusion of the hearing, the Board
of Supervisors may revoke such variance.

       (b)     In any case where a variance has not been used within one (1) year after the date of
granting thereof, without further action by the Board of Supervisors, the variance granted shall be null
and void.




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                                      DIVISION 85
                                    DESIGN REVIEW
1500-8510      Purpose:

         The Design Review Division is established in order to implement those portions of the General
Plan that require the County to consider project features including: design, aesthetics, parking and
traffic circulation, and resource conservation. This review is intended to provide the County with an
opportunity to permit attractive, compatible and coordinated development projects in the interest of
the health, safety and general welfare.

1500-8512      Design Review Process:

         Development projects located within the Sutter County Commercial and Industrial zoning
districts shall be subject to the Design Review Process described below:

        (a)      Preliminary Plan Review - Applicants should contact the Community Services
Department to schedule a preliminary application meeting to clarify the County approval process for
their particular project and discuss the Design Guidelines as adopted by resolution of the Board of
Supervisors. There is no fee for this meeting.

        (b)     Formal County Review - Based upon the type and scale of the project, different levels
of design review will be required. Adopted guidelines will include threshold project sizes that
ultimately determine the level of review. A Design Review determination by the Community Services
Director shall not be the basis for deeming an application incomplete.

               (1)     Rezoning and Planned Developments - When a project requires a rezoning or
               planned development approval the Design Review will be approved by the Board of
               Supervisors as part of the overall project review. The Board will consider
               recommendations from staff and the Planning Commission in its decision. The
               adopted Design Guidelines and any other established standards shall provide the
               basis for final approvals.

               (2)     Use Permits and Planned Development amendments - When a project requires
               a Use Permit or an amendment to a Planned Development, the Design Review will be
               considered by the Planning Commission as part of the overall project review. The
               Board of Supervisors will review and consider for approval the design review portion
               of the project along with the Planning Commission’s recommendation. The adopted
               Design Guidelines and any other established standards shall provide the basis for final
               approvals.

               (3)     Building permit applications for projects over 65,000 square feet of gross floor
               area, or a warehouse/outdoor storage use over 100,000 square feet of gross floor area,
               will require Board of Supervisor review for compliance with the adopted design
               standards.

               (4)     Building permit applications for projects under 65,000 square feet of gross
               floor area, or a warehouse/outdoor storage use under 100,000 square feet of gross
               floor area, will require administrative review and approval by the Community
               Services Director for compliance with the adopted design standards. Within 10
               business day the submittal shall be approved or denied by the Community Services
               Director. If the Community Services Director denies the Design Review application,


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               the project will automatically be reviewed by the Board of Supervisors. The Board
               shall hear all such cases within 15 business days of the action by the Community
               Services Director. In each case the Board shall make a finding of consistency with
               the Design Guidelines or provide direction to the applicant to make specific
               modifications in order to achieve consistency with the Design Guidelines.

        (c)     Amendments or changes to existing plans: It shall be at the discretion of the
Community Services Director to make the determination whether the proposed change constitutes a
significant change requiring formal review. In cases where such changes are determined to be minor
in nature, the proposed changes shall be subject to administrative review and approval by the
Community Services Director for compliance with the adopted Design Guidelines.

       (d)     Submittal requirements:

               (A)      Preliminary review -
               1 preliminary review submittal form
               1 full-size set of plans (24" x 36")
               2 reduced sets of plans (8" x 11")

               (B)     Formal Review - All of the above plus:
               1 completed application form
               10 sets of plans which include site development plans, landscape plans,
                       architectural elevations, sign program
               1 materials/color board
               1 set of colored elevation plans or artistic renderings
               Application fee as established by resolution of the Board of Supervisors

        The denial of any development proposal design features shall be made in a form that
constitutes recommended modifications to the project in order to clearly provide the applicant an
understanding of the desired changes that would obtain an approval from the reviewing body.

1500-8513      Approval:

        Design Review approval shall remain valid for a period of one year after which the approval
shall lapse and become null and void. The issuance of a building permit shall constitute an extension
of the Design Review approval which shall remain valid during the time period the building permit is
considered active.

1500-8514      Occupancy:

       No structure which has received Design Review approval shall be occupied or used in any
manner or receive a certificate of occupancy until the Community Services Department has inspected
and determined that the structure(s) and site development comply with the Development Review
approval.

1500-8515      Appeals:

       Appeal from any finding or action by the Community Services Director or the Planning
Commission, unless otherwise provided for in this Division, shall be made pursuant to Division 3 -
Appeals of this Chapter.




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                                  DIVISION 86
                              NONCONFORMING USES

1500-8610       Purpose:

        This division is intended to provide for the orderly correction or termination of nonconforming
uses and structures in a reasonable manner while allowing the continuation and expansion of lawful
land uses existing at the time of the passage of this Chapter or which existed at the time of the change
in zoning districts for property owners desiring to continue such uses.

1500-8612      Nonconforming Use of Land:

        (a)    No such nonconforming land use shall in any way be expanded or extended on the
same property to the extent that such use shall occupy more than 100 percent more land area than
occupied by such use at the time the use becomes nonconforming. No such nonconforming use shall
in any way be expanded or extended to adjoining property.

        (b)     If any nonconforming use is abandoned, or is discontinued for a period of twenty four
(24) months or more, or if any nonconforming agriculturally related use which is dependent on a
seasonal or fluctuating market, or use involving the extraction or development of natural resources is
abandoned or discontinued for a period of thirty-six (36) months or more, subsequent use of said land
shall be in conformity with the provisions of this Chapter.

        (c)     Any expansion of a nonconforming use as provided for in this Section shall be subject
to the parking and loading requirements, fencing requirement, as set forth in Sutter County Ordinance
Code Sections 1500-4612 and 1500-8110, as well as all other appropriate sections of this Code.

1500-8614       Change to Another Nonconforming Use:

       If no structural alterations are made, a nonconforming use of a building or land may be
changed to another nonconforming use of the same or more restrictive classification; however, when
such use is changed to a use of a more restrictive classification, it shall not thereafter be changed
back to a use of a less restrictive classification.

1500-8616       Reconstruction and Structural Alterations:

        An existing building designed, arranged, or intended for or devoted to a use not permitted
under the regulations of this Chapter for the district in which such building or premises is located may
be enlarged or extended by not more than 50 percent of the gross floor area of the building which
existed at the time the use of such building becomes nonconforming, provided further that no existing
nonconforming building shall be reconstructed, or structurally altered, unless such use is changed to
a use permitted under the regulations specified by this Chapter for such district in which such building
is located. Any expansion of nonconforming buildings as provided for in this Section shall be subject
to the parking and loading requirements, fencing requirements, as set forth in Sutter County
Ordinance Codes Sections 1500-4612 and 1500-8110, as well as all other appropriate sections of this
Code. Both the requirements of this Section and the County Building Code of the County of Sutter
must be complied with in all cases.



1500-8618       Replacement of Damaged or Destroyed Non-Conforming Buildings:


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        Nonconforming structures may be repaired, provided, however, that if any nonconforming
structure is damaged or partially destroyed by fire or any other calamity or act of God to the extent of
not more than fifty percent (50%) of its reasonable value at the time, it may be restored to its original
dimensions, and no more. If such damage or destruction exceeds fifty percent (50%) of the reasonable
value of such nonconforming structure, no repairs or reconstruction shall be made unless every
portion of such building is made to conform to all the regulations of the district in which it is located.
Any nonconforming building or structure repaired or reconstructed pursuant to this section shall
conform to the applicable building code in effect at the date of such repair or reconstruction.

1500-8620       Re-establishment of Nonconforming Use of a Building:

         The nonconforming use of a building may be re-established in a structure which cannot be
used for a conforming use because of the design or construction of the building. A use permit shall
be required to re-establish the nonconforming use of the building. Notwithstanding other provisions
of this Chapter, the Planning Commission shall not be required to find that the use is consistent with
the General Plan; however, the Planning Commission shall be required to make the additional finding
that the structure can be reasonably expected to remain in active use for a period of 20 years without
requiring repairs or maintenance in excess of fifty percent (50%) of the structure’s value within any
five year (5) period.

1500-8622       Removal of Prohibited and Non-conforming Signs:

       (a)      Non-conforming signs in all R and A Districts shall comply with the regulations of
those districts in which such signs are located or, if appurtenant to any non-conforming use, shall
comply with the regulations of the most restrictive district in which such non-conforming use is
permitted, or shall be removed, at no cost to the County, within three (3) years of the adoption of this
ordinance or the date such signs become non-conforming, whichever is later.

       (b)     All non-conforming signs in the C and M Districts may remain so long as such signs
are kept in good condition and repair as set forth in this Chapter.




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                        DIVISION 87
         WATER EFFICIENT LANDSCAPE REQUIREMENTS

1500-8710       Purpose:

         The State Legislature has found the waters of the state are of limited supply, subject to ever
increasing demands and California’s economic prosperity is dependent on the availability of adequate
supplies of water for future uses. It is the policy of the State to promote the conservation and efficient
use of water and to prevent the waste of this valuable resource; and that landscape design,
installation, maintenance and management can and should be water efficient.

        Consistent with the Legislature, the purpose of this ordinance is to: recognize the need to
invest water and other resources as efficiently as possible; establish a structure for planning,
designing, installing, maintaining and managing water efficient landscapes in new construction and
rehabilitated projects; establish provisions for water management practices and water waste
prevention for existing landscapes; use water efficiently without waste by setting a Maximum Applied
Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount;
and encourage the efficient use of water.

1500-8715       Applicability:

        This ordinance shall apply to all of the following landscape projects:

(a)     New construction and rehabilitated landscapes for public agency projects and private
development projects with a landscape area equal to or greater than 2,500 square feet requiring a
building permit or design review;

(b)     New construction and rehabilitated landscapes which are developer-installed in single-family
and multi-family projects with a landscape area equal to or greater than 2,500 square feet requiring a
building permit, or design review;

(c)     New construction landscapes which are homeowner-provided and/or homeowner-hired in
single-family and multi-family residential projects with a total project landscape area equal to or
greater than 5,000 square feet requiring a building permit, design review;

(d)     Existing landscapes limited to Sections 1500-8810 and 1500-8815; and

(e)     Cemeteries. Recognizing the special landscape management needs of cemeteries, new and
rehabilitated cemeteries are limited to Sections 1500-8745, 1500-8780 and 1500-8785; 1500-8810 and
1500-8815.

        This ordinance does not apply to: Registered local, state or federal historical sites; ecological
restoration projects that do not require a permanent irrigation system; mined-land reclamation projects
that do not require a permanent irrigation system; or plant collections, as part of botanical gardens and
arboretums open to the public.

1500-8720       Definitions:

        The terms used in this ordinance have the meaning set forth below:

(a) “applied water” means the portion of water supplied by the irrigation system to the landscape.


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(b) “automatic irrigation controller” means an automatic timing device used to remotely control valves
that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using
either evapotranspiration (weather-based) or soil moisture data.

(c) “backflow prevention device” means a safety device used to prevent pollution or contamination of
the water supply due to the reverse flow of water from the irrigation system.

(d) “Certificate of Completion” means the document required under Section 1500-8770.

(e) “certified irrigation designer” means a person certified to design irrigation systems by an
accredited academic institution a professional trade organization or other program such as the US
Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation
Association’s Certified Irrigation Designer program.

(f) “certified landscape irrigation auditor” means a person certified to perform landscape irrigation
audits by an accredited academic institution, a professional trade organization or other program such
as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and
Irrigation Association’s Certified Landscape Irrigation Auditor program.

(g) “check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location
in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the
sprinkler is off.

(h) “common interest developments” means community apartment projects, condominium projects,
planned developments, and stock cooperatives per Civil Code Section 1351.

(i) “conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons
per square foot per year

(j) “drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with
a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to
apply small volumes of water slowly at or near the root zone of plants.

(k) “ecological restoration project” means a project where the site is intentionally altered to establish a
defined, indigenous, historic ecosystem.

(l)“effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which
becomes available for plant growth.

(m) “emitter” means a drip irrigation emission device that delivers water slowly from the system to the
soil.

(n) “established landscape” means the point at which plants in the landscape have developed
significant root growth into the soil. Typically, most plants are established after one or two years of
growth.

(o) “establishment period of the plants” means the first year after installing the plant in the landscape
or the first two years if irrigation will be terminated after establishment. Typically, most plants are
established after one or two years of growth.

(p) “Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in
Section 492.4.


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(q) “ET adjustment factor” (ETAF) means a factor of 0.7, that, when applied to reference
evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the
amount of water that needs to be applied to the landscape.

A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this
calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET
Adjustment Factor is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF
for existing non-rehabilitated landscapes is 0.8.

(r) “evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other
surfaces and transpired by plants during a specified time.

(s) “flow rate” means the rate at which water flows through pipes, valves and emission devices,
measured in gallons per minute, gallons per hour, or cubic feet per second.

(t) “hardscapes” means any durable material (pervious and non-pervious).

(u) “homeowner-provided landscaping” means any landscaping either installed by a private individual
for a single family residence or installed by a licensed contractor hired by a homeowner. A
homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or she owns.
This excludes speculative homes, which are not owner-occupied dwellings.

(v) “hydrozone” means a portion of the landscaped area having plants with similar water needs. A
hydrozone may be irrigated or non-irrigated.

(w) “infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit
of time (e.g., inches per hour).

(x) “invasive plant species” means species of plants not historically found in California that spread
outside cultivated areas and can damage environmental or economic resources. Invasive species may
be regulated by county agricultural agencies as noxious species. “Noxious weeds” means any weed
designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional
District noxious weed control list. Lists of invasive plants are maintained at the California Invasive
Plant Inventory and USDA invasive and noxious weeds database.

(y) “irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted
by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection,
system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or
runoff that causes overland flow, and preparation of an irrigation schedule.

(z) “irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided
by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of
irrigation system characteristics and management practices. The minimum average irrigation efficiency
for purposes of this ordinance is 0.71. Greater irrigation efficiency can be expected from well designed
and maintained systems.

(aa) “irrigation survey” means an evaluation of an irrigation system that is less detailed than an
irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written
recommendations to improve performance of the irrigation system.

(bb) “irrigation water use analysis” means an analysis of water use data based on meter readings and
billing data.


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(cc) “landscape architect” means a person who holds a license to practice landscape architecture in
the state of California Business and Professions Code, Section 5615.

(dd) “landscape area” means all the planting areas, turf areas, and water features in a landscape
design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does
not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios,
gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas
designated for non-development (e.g., open spaces and existing native vegetation).

(ee) “landscape contractor” means a person licensed by the state of California to construct, maintain,
repair, install, or subcontract the development of landscape systems.

(ff) “Landscape Documentation Package” means the documents required under Section 1500-8740.

(gg) “landscape project” means total area of landscape in a project as defined in “landscape area” for
the purposes of this ordinance, meeting requirements under Section 1500-8715.

(hh) “lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers
from the valve.

(ii) “local agency” means a city or county, including a charter city or charter county, that is responsible
for adopting and implementing the ordinance. The local agency is also responsible for the
enforcement of this ordinance, including but not limited to, approval of a permit or design review of a
project.

(jj) “local water purveyor” means any entity, including a public agency, city, county, or private water
company that provides retail water service.

(kk) “low volume irrigation” means the application of irrigation water at low pressure through a system
of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume
irrigation systems are specifically designed to apply small volumes of water slowly at or near the root
zone of plants.

(ll) “main line” means the pressurized pipeline that delivers water from the water source to the valve or
outlet.

(mm) “Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for
the established landscaped area as specified in Section 492.4. It is based upon the area’s reference
evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total
Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas,
including recreation areas, areas permanently and solely dedicated to edible plants such as orchards
and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF
not to exceed 1.0.

(nn) “microclimate” means the climate of a small, specific area that may contrast with the climate of
the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to
reflective surfaces.

(oo) “mined-land reclamation projects” means any surface mining operation with a reclamation plan
approved in accordance with the Surface Mining and Reclamation Act of 1975.

(pp) “mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral


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materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for
the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature,
and preventing soil erosion.

(qq) “new construction” means, for the purposes of this ordinance, a new building with a landscape or
other new landscape, such as a park, playground, or greenbelt without an associated building.

(rr) “operating pressure” means the pressure at which the parts of an irrigation system are designed
by the manufacturer to operate.

(ss) “overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g.,
spray heads and rotors).

(tt) “overspray” means the irrigation water which is delivered beyond the target area.

(uu) “permit” means an authorizing document issued by local agencies for new construction or
rehabilitated landscapes.

(vv) “pervious” means any surface or material that allows the passage of water through the material
and into the underlying soil.

(ww) “plant factor” or “plant water use factor” is a factor , when multiplied by ETo, estimates the
amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water
use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant
factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived
from the Department of Water Resources 2000 publication “Water Use Classification of Landscape
Species”.

(xx) “precipitation rate” means the rate of application of water measured in inches per hour.

(yy) “project applicant” means the individual or entity submitting a Landscape Documentation
Package required under Section 1500-8740, to request a permit, or design review from the local
agency. A project applicant may be the property owner or his or her designee.

(zz) “rain sensor” or “rain sensing shutoff device” means a component which automatically suspends
an irrigation event when it rains.

(aaa) “record drawing” or “as-builts” means a set of reproducible drawings which show significant
changes in the work made during construction and which are usually based on drawings marked up in
the field and other data furnished by the contractor.

(bbb) “recreational area” means areas dedicated to active play such as parks, sports fields, and golf
courses where turf provides a playing surface.

(ccc) “recycled water”, “reclaimed water”, or “treated sewage effluent water” means treated or
recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water
features. This water is not intended for human consumption.

(ddd) “reference evapotranspiration” or “ETo” means a standard measurement of environmental
parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as
represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to
seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the
basis of determining the Maximum Applied Water Allowance so that regional differences in climate can


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be accommodated.

(eee) “rehabilitated landscape” means any re-landscaping project that requires a permit , plan check,
or design review, meets the requirements of Section 1500-8715, and the modified landscape area is
equal to or greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are
completed within one year.

(fff) “runoff” means water which is not absorbed by the soil or landscape to which it is applied and
flows from the landscape area. For example, runoff may result from water that is applied at too great a
rate (application rate exceeds infiltration rate) or when there is a slope.

(ggg) “soil moisture sensing device” or “soil moisture sensor” means a device that measures the
amount of water in the soil. The device may also suspend or initiate an irrigation event.

(hhh) “soil texture” means the classification of soil based on its percentage of sand, silt, and clay.

(iii)“Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants,
areas irrigated with recycled water, water features using recycled water and areas dedicated to active
play such as parks, sports fields, golf courses, and where turf provides a playing surface.

(jjj) “sprinkler head” means a device which delivers water through a nozzle.

(kkk) “static water pressure” means the pipeline or municipal water supply pressure when water is not
flowing.

(lll) “station” means an area served by one valve or by a set of valves that operate simultaneously.

(mmm) “swing joint” means an irrigation component that provides a flexible, leak-free connection
between the emission device and lateral pipeline to allow movement in any direction and to prevent
equipment damage.

(nnn) “turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass,
Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass,
Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

(ooo) “valve” means a device used to control the flow of water in the irrigation system.

(ppp) “water conserving plant species” means a plant species identified as having a low plant factor.

(qqq) “water feature” means a design element where open water performs an aesthetic or recreational
function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and
swimming pools (where water is artificially supplied). The surface area of water features is included in
the high water use hydrozone of the landscape area. Constructed wetlands used for on-site
wastewater treatment or stormwater best management practices that are not irrigated and used solely
for water treatment or stormwater retention are not water features and, therefore, are not subject to the
water budget calculation.

(rrr) “watering window” means the time of day irrigation is allowed.

(sss) “WUCOLS” means the Water Use Classification of Landscape Species published by the
University of California Cooperative Extension, the Department of Water Resources and the Bureau of
Reclamation, 2000.



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1500-8725      Provisions for New Construction or Rehabilitated Landscapes:

         A local agency may designate another agency, such as a water purveyor, to implement some
or all of the requirements contained in this ordinance. Local agencies may collaborate with water
purveyors to define each entity’s specific responsibilities relating to this ordinance.

1500-8730      Compliance with Landscape Documentation Package:

(a)    Prior to construction, the local agency shall:

       (1)     provide the project applicant with the ordinance and procedures for permits, plan
               checks, or design reviews;
       (2)     review the Landscape Documentation Package submitted by the project applicant;
       (3)     approve or deny the Landscape Documentation Package;
       (4)     issue a permit or approve the plan check or design review for the project applicant;
       (5)     upon approval of the Landscape Documentation Package, submit a copy of the Water
               Efficient Landscape Worksheet to the local water purveyor.

(b)      Prior to construction, the project applicant shall submit a Landscape Documentation Package
to the local agency.

(c)    Upon approval of the Landscape Documentation Package by the local agency, the project
applicant shall:

       (1)     receive a permit or approval of the design review and record the date of the permit in
               the Certificate of Completion;
       (2)     submit a copy of the approved Landscape Documentation Package along with the
               record drawings, and any other information to the property owner or his/her designee;
               and
       (3)     submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.

1500-8735      Penalties:

       The local agency may establish and administer penalties to the project applicant for non-
compliance with the ordinance to the extent permitted by law.

1500-8740      Elements of the Landscape Documentation Package:

       The Landscape Documentation Package shall include the following six (6) elements:

       (1)     Project information;
               (A)     date
               (B)     project applicant
               (C)     project address (if available, parcel and/or lot number(s))
               (D)     total landscape area (square feet)
               (E)     project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-
                       installed)
               (F)     water supply type (e.g., potable, recycled, well) and identify the local retail
                       water purveyor if the applicant is not served by a private well
               (G)     checklist of all documents in Landscape Documentation Package
               (H)     project contacts to include contact information for the project applicant and
                       property owner
               (I)     applicant signature and date with statement, “I agree to comply with the


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                      requirements of the water efficient landscape ordinance and submit a
                      complete Landscape Documentation Package”.

       (2)     Water Efficient Landscape Worksheet;
               (A)      hydrozone information table
               (B)      water budget calculations
                        1.     Maximum Applied Water Allowance (MAWA)
                        2.     Estimated Total Water Use (ETWU)
       (3)     Soil management report;
       (4)     Landscape design plan;
       (5)     Irrigation design plan; and
       (6)     Grading design plan.

1500-8745      Water Efficient Landscape Worksheet:

(a)    A project applicant shall complete the Water Efficient Landscape Worksheet which contains
two sections (see sample worksheet in Appendix B):

       (1)     a hydrozone information table (see Appendix B, Section A) for the landscape project;
and
       (2)     a water budget calculation (see Appendix B, Section B) for the landscape project. For
       the calculation of the Maximum Applied Water Allowance and Estimated Total Water Use, a
       project applicant shall use the ETo values from the Reference Evapotranspiration Table in
       Appendix A. For geographic areas not covered in Appendix A, use data from other cities
       located nearby in the same reference evapotranspiration zone, as found in the CIMIS
       Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

(b)    Water budget calculations shall adhere to the following requirements:

       (1)     The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for
               low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0
               for high water use plants.
       (2)     All water features shall be included in the high water use hydrozone and temporarily
               irrigated areas shall be included in the low water use hydrozone.
       (3)     All Special Landscape Areas shall be identified and their water use calculated as
               described below.
       (4)     ETAF for Special Landscape Areas shall not exceed 1.0.

(c)    Maximum Applied Water Allowance

       The Maximum Applied Water Allowance shall be calculated using the equation:

               MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]

        The example calculations below are hypothetical to demonstrate proper use of the equations
and do not represent an existing and/or planned landscape project. The ETo values used in these
calculations are from the Reference Evapotranspiration Table in Appendix A, for planning purposes
only. For actual irrigation scheduling, automatic irrigation controllers are required and shall use
current reference evapotranspiration data, such as from the California Irrigation Management
Information System (CIMIS), other equivalent data, or soil moisture sensor data.

       (1)     Example MAWA calculation: a hypothetical landscape project in Fresno, CA with an
       irrigated landscape area of 50,000 square feet without any Special Landscape Area (SLA= 0, no


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       edible plants, recreational areas, or use of recycled water). To calculate MAWA, the annual
       reference evapotranspiration value for Fresno is 51.1 inches as listed in the Reference
       Evapotranspiration Table in Appendix A.

                MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
                MAWA = Maximum Applied Water Allowance (gallons per year)
                ETo     = Reference Evapotranspiration (inches per year)
                0.62    = Conversion Factor (to gallons)
                0.7    = ET Adjustment Factor (ETAF)
                LA     = Landscape Area including SLA (square feet)
                0.3    = Additional Water Allowance for SLA
                SLA     = Special Landscape Area (square feet)
                MAWA = (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 0)]
                = 1,108,870 gallons per year
                To convert from gallons per year to hundred-cubic-feet per year:
                = 1,108,870/748 = 1,482 hundred-cubic-feet per year
                (100 cubic feet = 748 gallons)

       (2)    In this next hypothetical example, the landscape project in Fresno, CA has the same
       ETo value of 51.1 inches and a total landscape area of 50,000 square feet. Within the 50,000
       square foot project, there is now a 2,000 square foot area planted with edible plants. This 2,000
       square foot area is considered to be a Special Landscape Area.

                MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
                MAWA = (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 2,000 square feet)]
                = 31.68 x [35,000 + 600] gallons per year
                = 31.68 x 35,600 gallons per year
                =1,127,808 gallons per year or 1,508 hundred-cubic-feet per year

(d)    Estimated Total Water Use.

       The Estimated Total Water Use shall be calculated using the equation below. The sum of the
Estimated Total Water Use calculated for all hydrozones shall not exceed MAWA.

                            PF x HA       
       ETWU  ( ETo )(0.62)          SLA 
                            IE            
       Where:

       ETWU = Estimated Total Water Use per year (gallons)
       ETo   = Reference Evapotranspiration (inches)
       PF    = Plant Factor from WUCOLS (see Section 491)
       HA    = Hydrozone Area [high, medium, and low water use areas] (square feet)
       SLA   = Special Landscape Area (square feet)
       0.62  = Conversion Factor
       IE    = Irrigation Efficiency (minimum 0.71)

       (1)      Example ETWU calculation: landscape area is 50,000 square feet; plant water use type,
                plant factor, and hydrozone area are shown in the table below. The ETo value is 51.1
                inches per year. There are no Special Landscape Areas (recreational area, area
                permanently and solely dedicated to edible plants, and area irrigated with recycled
                water) in this example.



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               Plant Water Use    Plant Factor     Hydrozone Area (HA)             PF x HA
Hydrozone          Type(s)           (PF)*            (square feet)              (square feet)
    1               High               0.8                      7,000                    5,600
    2               High               0.7                     10,000                    7,000
    3              Medium              0.5                     16,000                    8,000
    4                Low               0.3                      7,000                    2,100
    5                Low               0.2                     10,000                    2,000
                                                                    Sum                 24,700
            *Plant Factor from WUCOLS

                            24,700 
    ETWU  ( 51.1 )( 0.62 )        0
                            0.71     
   = 1,102,116 gallons per year

   Compare ETWU with MAWA: For this example MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 0)] =
   1,108,870 gallons per year. The ETWU (1,102,116 gallons per year) is less than MAWA
   (1,108,870 gallons per year). In this example, the water budget complies with the MAWA.

   (2)      Example ETWU calculation: total landscape area is 50,000 square feet, 2,000 square
            feet of which is planted with edible plants. The edible plant area is considered a
            Special Landscape Area (SLA). The reference evapotranspiration value is 51.1 inches
            per year. The plant type, plant factor, and hydrozone area are shown in the table below.


                Plant Water       Plant Factor         Hydrozone Area (HA)            PF x HA
Hydrozone       Use Type(s)          (PF)*                 (square feet)            (square feet)
   1                High               0.8                       7,000                     5,600
   2                High               0.7                       9,000                     6,300
   3              Medium               0.5                      15,000                     7,500
   4                Low                0.3                       7,000                     2,100
   5                Low                0.2                      10,000                    2,000
                                                                      Sum                23,500
   6                SLA           1.0                            2,000                    2,000
            *Plant Factor from WUCOLS

                        23,500         
    ETWU  (51.1)(0.62)         2,000 
                        0.71           
   = (31.68) (33,099 + 2,000)
   = 1,111,936 gallons per year

   Compare ETWU with MAWA. For this example:

   MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 2,000)]
   = 31.68 x [35,000 + 600]
   = 31.68 x 35,600
   =1,127,808 gallons per year

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The ETWU (1,111,936 gallons per year) is less than MAWA (1,127,808 gallons per year). For this
example, the water budget complies with the MAWA.

1500-8750       Soil Management Report:

      In order to reduce runoff and encourage healthy plant growth, a soil management report shall
be completed by the project applicant, or his/her designee, as follows:

(a)     Submit soil samples to a laboratory for analysis and recommendations.

       (1)     Soil sampling shall be conducted in accordance with laboratory protocol, including
               protocols regarding adequate sampling depth for the intended plants.

       (2)     The soil analysis may include:

               A.      soil texture;
               B.      infiltration rate determined by laboratory test or soil texture infiltration rate
                       table;
               C.      pH;
               D.      total soluble salts;
               E.      sodium;
               F.      percent organic matter; and
               G.      recommendations.

(b)     The project applicant, or his/her designee, shall comply with one of the following:

       (1)     If significant mass grading is not planned, the soil analysis report shall be submitted to
               the local agency as part of the Landscape Documentation Package; or
       (2)     If significant mass grading is planned, the soil analysis report shall be submitted to the
               local agency as part of the Certificate of Completion.

(c)     The soil analysis report shall be made available, in a timely manner, to the professionals
preparing the landscape design plans and irrigation design plans to make any necessary adjustments
to the design plans.

(d)   The project applicant, or his/her designee, shall submit documentation verifying
implementation of soil analysis report recommendations to the local agency with Certificate of
Completion.

1500-8755      Landscape Design Plan:

(a)    For the efficient use of water, a landscape shall be carefully designed and planned for the
intended function of the project. A landscape design plan meeting the following design criteria shall be
submitted as part of the Landscape Documentation Package.

       (1)      Plant Material:

               (A)    Any plant may be selected for the landscape, providing the Estimated Total
               Water Use in the landscape area does not exceed the Maximum Applied Water
               Allowance. To encourage the efficient use of water, the following is highly
               recommended:

                       1.         Protection and preservation of native species and natural vegetation;

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               2.      Selection of water-conserving plant and turf species;
               3.      Selection of plants based on disease and pest resistance;
               4.      Selection of trees based on applicable local tree ordinances or tree
                       shading guidelines; and
               5.      Selection of plants from local and regional landscape program plant
      lists.

      (B)     Each hydrozone shall have plant materials with similar water use, with the
      exception of hydrozones with plants of mixed water use, as specified in Section 1500-
      8760(a)(2)(D).

      (C)    Plants shall be selected and planted appropriately based upon their
      adaptability to the climatic, geologic, and topographical conditions of the project site.
      To encourage the efficient use of water, the following is highly recommended:

               1.      Use the Sunset Western Climate Zone System which takes into
                       account temperature, humidity, elevation, terrain, latitude, and varying
                       degrees of continental and marine influence on local climate;
               2.      Recognize the horticultural attributes of plants (i.e., mature plant size,
                       invasive surface roots) to minimize damage to property or
                       infrastructure [e.g., buildings, sidewalks, power lines]; and
               3.      Consider the solar orientation for plant placement to maximize
                       summer shade and winter solar gain.

      (D)     Turf is not allowed on slopes greater than 25% where the toe of the slope is
      adjacent to an impermeable hardscape and where 25% means 1 foot of vertical
      elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope
      percent).

      (E)     A landscape design plan for projects in fire-prone areas shall address fire
      safety and prevention. A defensible space or zone around a building or structure is
      required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant
      materials and highly flammable mulches.

      (F)      The use of invasive and/or noxious plant species is strongly discouraged.

      (G)    The architectural guidelines of a common interest development, which include
      community apartment projects, condominiums, planned developments, and stock
      cooperatives, shall not prohibit or include conditions that have the effect of prohibiting
      the use of low-water use plants as a group.

(2)   Water Features

      (A)     Recirculating water systems shall be used for water features.
      (B)     Where available, recycled water shall be used as a source for decorative water
      features.
      (C)     Surface area of a water feature shall be included in the high water use
      hydrozone area of the water budget calculation.
      (D)     Pool and spa covers are highly recommended.

(3)   Mulch and Amendments
      (A)    A minimum two inch (2″) layer of mulch shall be applied on all exposed soil
      surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or


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                direct seeding applications where mulch is contraindicated.
                (B)     Stabilizing mulching products shall be used on slopes.
                (C)     The mulching portion of the seed/mulch slurry in hydro-seeded applications
                shall meet the mulching requirement.
                (D)     Soil amendments shall be incorporated according to recommendations of the
                soil report and what is appropriate for the plants selected (see Section 1500-8750).

(b)     The landscape design plan, at a minimum, shall:

        (1)     Delineate and label each hydrozone by number, letter, or other method;
        (2)     Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily
        irrigated areas of the landscape shall be included in the low water use hydrozone for the water
        budget calculation;
        (3)     Identify recreational areas;
        (4)     Identify areas permanently and solely dedicated to edible plants;
        (5)     Identify areas irrigated with recycled water;
        (6)     Identify type of mulch and application depth;
        (7)     Identify soil amendments, type, and quantity;
        (8)     Identify type and surface area of water features;
        (9)     Identify hardscapes (pervious and non-pervious);
        (10)    Identify location and installation details of any applicable stormwater best management
        practices that encourage on-site retention and infiltration of stormwater. Stormwater best
        management practices are encouraged in the landscape design plan and examples include,
        but are not limited to:

                (A)     Infiltration beds, swales, and basins that allow water to collect and soak into
                the ground;
                (B)     Constructed wetlands and retention ponds that retain water, handle excess
                flow, and filter pollutants; and
                (C)     Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or
                porous concrete, etc.) that minimize runoff.

        (11)    Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens,
        cisterns, etc.);
        (12)    Contain the following statement: “I have complied with the criteria of the ordinance
        and applied them for the efficient use of water in the landscape design plan”; and
        (13)    Bear the signature of a licensed landscape architect, licensed landscape contractor, or
        any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1,
        5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code,
        Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the Food
        and Agriculture Code.)

1500-8760       Irrigation Design Plan:

(a)      For the efficient use of water, an irrigation system shall meet all the requirements listed in this
section and the manufacturers’ recommendations. The irrigation system and its related components
shall be planned and designed to allow for proper installation, management, and maintenance. An
irrigation design plan meeting the following design criteria shall be submitted as part of the
Landscape Documentation Package.

        (1)     System

                (A)    Dedicated landscape water meters are highly recommended on landscape
                areas smaller than 5,000 square feet to facilitate water management.

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(B)    Automatic irrigation controllers utilizing either evapotranspiration or soil
moisture sensor data shall be required for irrigation scheduling in all irrigation
systems.

(C)    The irrigation system shall be designed to ensure that the dynamic pressure at
each emission device is within the manufacturer’s recommended pressure range for
optimal performance.

        1.       If the static pressure is above or below the required dynamic pressure
        of the irrigation system, pressure-regulating devices such as inline pressure
        regulators, booster pumps, or other devices shall be installed to meet the
        required dynamic pressure of the irrigation system.
        2.       Static water pressure, dynamic or operating pressure. and flow reading
        of the water supply shall be measured at the point of connection. These
        pressure and flow measurements shall be conducted at the design stage. If the
        measurements are not available at the design stage, the measurements shall
        be conducted at installation.

(D)       Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or
alter irrigation operation during unfavorable weather conditions shall be required on
all irrigation systems, as appropriate for local climatic conditions. Irrigation should be
avoided during windy or freezing weather or during rain.

(E)     Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall
be required, as close as possible to the point of connection of the water supply, to
minimize water loss in case of an emergency (such as a main line break) or routine
repair.

(F)     Backflow prevention devices shall be required to protect the water supply from
contamination by the irrigation system. A project applicant shall refer to the applicable
local agency code (i.e., public health) for additional backflow prevention requirements.

(G)    High flow sensors that detect and report high flow conditions created by
system damage or malfunction are recommended.

(H)     The irrigation system shall be designed to prevent runoff, low head drainage,
overspray, or other similar conditions where irrigation water flows onto non-targeted
areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or
structures.

(I)       Relevant information from the soil management plan, such as soil type and
infiltration rate, shall be utilized when designing irrigation systems.

(J)    The design of the irrigation system shall conform to the hydrozones of the
landscape design plan.

(K)     The irrigation system must be designed and installed to meet, at a minimum,
the irrigation efficiency criteria as described in Section 1500-8745 regarding the
Maximum Applied Water Allowance.

(L)     It is highly recommended that the project applicant or local agency inquire with
the local water purveyor about peak water operating demands (on the water supply


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      system) or water restrictions that may impact the effectiveness of the irrigation
      system.

      (M)   In mulched planting areas, the use of low volume irrigation is required to
      maximize water infiltration into the root zone.

      (N)     Sprinkler heads and other emission devices shall have matched precipitation
      rates, unless otherwise directed by the manufacturer’s recommendations.

      (O)    Head to head coverage is recommended. However, sprinkler spacing shall be
      designed to achieve the highest possible distribution uniformity using the
      manufacturer’s recommendations.

      (P)    Swing joints or other riser-protection components are required on all risers
      subject to damage that are adjacent to high traffic areas.

      (Q)     Check valves or anti-drain valves are required for all irrigation systems.

      (R)      Narrow or irregularly shaped areas, including turf, less than eight (8) feet in
      width in any direction shall be irrigated with subsurface irrigation or low volume
      irrigation system.

      (S)     Overhead irrigation shall not be permitted within 24 inches of any non-
      permeable surface. Allowable irrigation within the setback from non-permeable
      surfaces may include drip, drip line, or other low flow non-spray technology. The
      setback area may be planted or unplanted. The surfacing of the setback may be mulch,
      gravel, or other porous material. These restrictions may be modified if:

             1.       The landscape area is adjacent to permeable surfacing and no runoff
             occurs; or
             2.       The adjacent non-permeable surfaces are designed and constructed to
             drain entirely to landscaping; or
             3.       The irrigation designer specifies an alternative design or technology,
             as part of the Landscape Documentation Package and clearly demonstrates
             strict adherence to irrigation system design criteria in Section 1500-8760
             (a)(1)(H). Prevention of overspray and runoff must be confirmed during the
             irrigation audit.

      (T)     Slopes greater than 25% shall not be irrigated with an irrigation system with a
      precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if
      the landscape designer specifies an alternative design or technology, as part of the
      Landscape Documentation Package, and clearly demonstrates no runoff or erosion
      will occur. Prevention of runoff and erosion must be confirmed during the irrigation
      audit.

(2)   Hydrozone

      (A)     Each valve shall irrigate a hydrozone with similar site, slope, sun exposure,
      soil conditions, and plant materials with similar water use.

      (B)    Sprinkler heads and other emission devices shall be selected based on what is
      appropriate for the plant type within that hydrozone.



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               (C)   Where feasible, trees shall be placed on separate valves from shrubs,
               groundcovers, and turf.

               (D)   Individual hydrozones that mix plants of moderate and low water use, or
               moderate and high water use, may be allowed if:

                       1.     Plant factor calculation is based on the proportions of the respective
                       plant water uses and their plant factor; or
                       2.     The plant factor of the higher water using plant is used for calculations.

               (E)    Individual hydrozones that mix high and low water use plants shall not be
               permitted.

               (F)     On the landscape design plan and irrigation design plan, hydrozone areas shall
               be designated by number, letter, or other designation. On the irrigation design plan,
               designate the areas irrigated by each valve, and assign a number to each valve. Use
               this valve number in the Hydrozone Information Table (see Appendix B Section A).
               This table can also assist with the irrigation audit and programming the controller.

(b)    The irrigation design plan, at a minimum, shall contain:

       (1)     Location and size of separate water meters for landscape;

       (2)     Location, type and size of all components of the irrigation system, including
       controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain
       switches, quick couplers, pressure regulators, and backflow prevention devices;

       (3)     Static water pressure at the point of connection to the public water supply;

       (4)     Flow rate (gallons per minute), application rate (inches per hour), and design operating

       (5)     Recycled water irrigation systems as specified in Section 1500-8795;

       (6)    The following statement: “I have complied with the criteria of the ordinance and
       applied them accordingly for the efficient use of water in the irrigation design plan”; and

       (7)    The signature of a licensed landscape architect, certified irrigation designer, licensed
       landscape contractor, or any other person authorized to design an irrigation system. (See
       Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the
       Business and Professions Code, Section 832.27 of Title 16 of the California Code of
       Regulations, and Section 6721 of the Food and Agricultural Code.)

1500-8765      Grading Design Plan:

        (a)     For the efficient use of water, grading of a project site shall be designed to minimize
soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape
Documentation Package.

       (1)    The project applicant shall submit a landscape grading plan that indicates finished
       configurations and elevations of the landscape area including:

               (A)     height of graded slopes;
               (B)     drainage patterns;


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                                                                            Sutter County Zoning Code

               (C)    pad elevations;
               (D)    finish grade; and
               (E)    stormwater retention improvements, if applicable.

       (2)    To prevent excessive erosion and runoff, it is highly recommended that project
       applicants:

               (A)    Grade so that all irrigation and normal rainfall remains within property lines
               and does not drain on to non-permeable hardscapes;
               (B)    Avoid disruption of natural drainage patterns and undisturbed soil; and
               (C)    Avoid soil compaction in landscape areas.

       (3)      The grading design plan shall contain the following statement: “I have complied with
       the criteria of the ordinance and applied them accordingly for the efficient use of water in the
       grading design plan” and shall bear the signature of a licensed professional as authorized by
       law.

1500-8770      Certificate of Completion:

(a)      The Certificate of Completion (see Appendix C for a sample certificate) shall include the
following six (6) elements:

       (1)     Project information sheet that contains:

               (A)    Date;
               (B)    Project name;
               (C)    Project applicant name, telephone, and mailing address;
               (D)    Project address and location; and
               (E)    Property owner name, telephone, and mailing address;

       (2)      Certification by either the signer of the landscape design plan, the signer of the
       irrigation design plan, or the licensed landscape contractor that the landscape project has
       been installed per the approved Landscape Documentation Package;

               (A)      Where there have been significant changes made in the field during
               construction, these “as-built” or record drawings shall be included with the
               certification;

       (3)     Irrigation scheduling parameters used to set the controller (see Section 1500-8775);

       (4)     Landscape and irrigation maintenance schedule (see Section 1500-8780);

       (5)     Irrigation audit report (see Section 1500-8785); and

       (6)    Soil analysis report, if not submitted with Landscape Documentation Package, and
       documentation verifying implementation of soil report recommendations (see Section 1500-
       8750).

(b)    The project applicant shall:

       (1)     Submit the signed Certificate of Completion to the local agency for review;

       (2)     Ensure that copies of the approved Certificate of Completion are submitted to the local


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                                                                            Sutter County Zoning Code

       water purveyor and property owner or his or her designee.

(c)    The local agency shall:

       (1)    Receive the signed Certificate of Completion from the project applicant;

       (2)     Approve or deny the Certificate of Completion. If the Certificate of Completion is
       denied, the local agency shall provide information to the project applicant regarding
       reapplication, appeal, or other assistance.

1500-8775     Irrigation Scheduling:

(a)    For the efficient use of water, all irrigation schedules shall be developed, managed, and
evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation
schedules shall meet the following criteria:

       (1)    Irrigation scheduling shall be regulated by automatic irrigation controllers.

       (2)    Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless
       weather conditions prevent it. If allowable hours of irrigation differ from the local water
       purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the
       normal watering window is allowed for auditing and system maintenance.

       (3)      For implementation of the irrigation schedule, particular attention must be paid to
       irrigation run times, emission device, flow rate, and current reference evapotranspiration, so
       that applied water meets the Estimated Total Water Use. Total annual applied water shall be
       less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules
       shall be regulated by automatic irrigation controllers using current reference
       evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

       (4)    Parameters used to set the automatic controller shall be developed and submitted for
       each of the following:

              (A)     The plant establishment period;
              (B)     The established landscape; and
              (C)     Temporarily irrigated areas.

       (5)    Each irrigation schedule shall consider for each station all of the following that apply:

              (A)     Irrigation interval (days between irrigation);
              (B)     Irrigation run times (hours or minutes per irrigation event to avoid runoff);
              (C)     Number of cycle starts required for each irrigation event to avoid runoff;
              (D)     Amount of applied water scheduled to be applied on a monthly basis;
              (E)     Application rate setting;
              (F)     Root depth setting;
              (G)     Plant type setting;
              (H)     Soil type;
              (I)     Slope factor setting;
              (J)     Shade factor setting; and
              (K)     Irrigation uniformity or efficiency setting.

1500-8780     Landscape and Irrigation Maintenance Schedule:



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                                                                             Sutter County Zoning Code

(a)   Landscapes shall be maintained to ensure water use efficiency. A regular maintenance
schedule shall be submitted with the Certificate of Completion.

(b)     A regular maintenance schedule shall include, but not be limited to, routine inspection;
adjustment and repair of the irrigation system and its components; aerating and dethatching turf
areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and
obstruction to emission devices. Operation of the irrigation system outside the normal watering
window is allowed for auditing and system maintenance.

(c)     Repair of all irrigation equipment shall be done with the originally installed components or
their equivalents.

(d)     A project applicant is encouraged to implement sustainable or environmentally-friendly
practices for overall landscape maintenance.

1500-8785       Irrigation Audit, Irrigation Survey. And Irrigation Water Use Analysis:

(a)    All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

(b)    For new construction and rehabilitated landscape projects installed after January 1, 2010, as
described in Section 490.1:

       (1)     The project applicant shall submit an irrigation audit report with the Certificate of
Completion to the local agency that may include, but is not limited to: inspection, system tune-up,
system test with distribution uniformity, reporting overspray or run off that causes overland flow, and
preparation of an irrigation schedule;

         (2)     The local agency shall administer programs that may include, but not be limited to,
irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum
Applied Water Allowance.

1500-8790       Irrigation Efficiency:

(a)     For the purpose of determining Maximum Applied Water Allowance, average irrigation
efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to
meet or exceed an average landscape irrigation efficiency of 0.71.

1500-8795       Recycled Water:

(a)     The installation of recycled water irrigation systems shall allow for the current and future use
of recycled water, unless a written exemption has been granted as described in Section 1500-8795(b).

(b)     Irrigation systems and decorative water features shall use recycled water unless a written
exemption has been granted by the local water purveyor stating that recycled water meeting all public
health codes and standards is not available and will not be available for the foreseeable future.

(c)    All recycled water irrigation systems shall be designed and operated in accordance with all
applicable local and State laws.

(d)    Landscapes using recycled water are considered Special Landscape Areas. The ET
Adjustment Factor for Special Landscape Areas shall not exceed 1.0.

1500-8800       Stormwater Management:


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                                                                               Sutter County Zoning Code


(a)       Stormwater management practices minimize runoff and increase infiltration which recharges
groundwater and improves water quality. Implementing stormwater best management practices into
the landscape and grading design plans to minimize runoff and to increase on-site retention and
infiltration are encouraged.

(b)    Project applicants shall refer to the local agency or Regional Water Quality Control Board for
information on any applicable stormwater ordinances and stormwater management plans.

(c)    Rain gardens, cisterns, and other landscapes features and practices that increase rainwater
capture and create opportunities for infiltration and/or onsite storage are recommended.

1500-8805         Public Education:

(a)     Publications. Education is a critical component to promote the efficient use of water in
landscapes. The use of appropriate principles of design, installation, management and maintenance
that save water is encouraged in the community.

       (1)    A local agency shall provide information to owners of new, single-family residential
homes regarding the design, installation, management, and maintenance of water efficient landscapes.

(b)   Model Homes. All model homes that are landscaped shall use signs and written information to
demonstrate the principles of water efficient landscapes described in this ordinance.

        (1)      Signs shall be used to identify the model as an example of a water efficient landscape
featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall
water efficient theme.

       (2)       Information shall be provided about designing, installing, managing, and maintaining
water efficient landscapes.

1500-8810         Irrigation Audit, Irrigation Survey, and Irrigation Use Analysis:

            (a)      This section shall apply to all existing landscapes that were installed before
                             January 1, 2010 and are over one acre in size.

        (1)      For all landscapes that have a water meter, the local agency shall administer programs
that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation
audits to evaluate water use and provide recommendations as necessary to reduce landscape water
use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes.
The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8)
(ETo)(LA)(0.62).

       (2)     For all landscapes that do not have a meter, the local agency shall administer programs
that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use
and provide recommendations as necessary in order to prevent water waste.

(b)     All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

1500-8815         Water Waste Prevention:

(a)    Runoff shall be prohibited from leaving the target landscape due to low head drainage,
overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas,


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walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be
established locally.

(b)    Restrictions regarding overspray and runoff may be modified if:

       (1)     The landscape area is adjacent to permeable surfacing and no runoff occurs; or

       (2)     The adjacent non-permeable surfaces are designed and constructed to drain entirely to
landscaping.

1500-8820      Effective Precipitation:

(a)    A local agency may consider Effective Precipitation (25% of annual precipitation) in tracking
water use and may use the following equation to calculate Maximum Applied Water Allowance:

       MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)].




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                                                                                 Sutter County Zoning Code

                                               Appendix A

                         Reference Evapotranspiration (ETo) Table
                          Sutter County and Adjacent Counties.

Appendix A - Reference Evapotranspiration (ETo) Table*

                            Jan   Feb   Mar     Apr     May    Jun   Jul   Aug    Sep   Oct   Nov    Dec     Annual
County and City                                                                                               ETo
BUTTE
                            1.2   1.8    2.9    4.7      6.1   7.4   8.5   7.3    5.4   3.7    1.7   1.0
Chico                                                                                                        51.7
                            1.1   1.8    3.2    5.0      6.5   7.4   7.8   6.9    5.3   3.6    1.7   1.0
Durham                                                                                                       51.1
                            1.2   1.8    3.0    4.7      6.1   7.7   8.5   7.1    5.4   3.7    1.7   1.0
Gridley                                                                                                      51.9
                            1.2   1.7    2.8    4.7      6.1   7.6   8.5   7.3    5.3   3.7    1.7   1.0
Oroville                                                                                                     51.5
COLUSA
                            1.0   1.7    3.4    5.0      6.4   7.6   8.3   7.2    5.4   3.8    1.8   1.1
Colusa                                                                                                       52.8
                            1.2   1.7    2.9    4.5      6.1   7.2   8.5   7.3    5.3   3.4    1.6   1.0
Williams                                                                                                     50.8
PLACER
                            1.2   1.7    2.8    4.4      6.1   7.4   8.3   7.3    5.4   3.4    1.6   1.0
Auburn                                                                                                       50.6
                            0.7   1.1    2.1    3.4      4.8   6.0   7.2   6.1    4.6   2.9    0.9   0.6
Blue Canyon                                                                                                  40.5
                            1.1   1.5    2.6    4.0      5.8   7.1   7.9   7.0    5.3   3.2    1.4   0.9
Colfax                                                                                                       47.9
                            1.1   1.7    3.1    4.7      6.2   7.7   8.5   7.3    5.6   3.7    1.7   1.0
Roseville                                                                                                    52.2
                            0.7   0.7    1.8    3.0      4.3   5.3   6.2   5.5    4.1   2.5    0.7   0.7
Soda Springs                                                                                                 35.4
                            0.7   0.7    1.7    3.0      4.3   5.4   6.1   5.6    4.1   2.4    0.8   0.6
Tahoe City                                                                                                   35.5
                            0.7   0.7    1.7    3.2      4.4   5.4   6.4   5.7    4.1   2.4    0.8   0.6
Truckee                                                                                                      36.2
SACRAMENTO
                            1.0   1.6    3.4    4.1      6.5   7.5   8.1   7.1    5.2   3.4    1.5   1.0
Fair Oaks                                                                                                    50.5
                            1.0   1.8    3.2    4.7      6.4   7.7   8.4   7.2    5.4   3.7    1.7   0.9
Sacramento                                                                                                   51.9
                            1.2   1.8    3.9    5.3      7.4   8.8   9.1   7.8    5.9   3.8    1.7   1.2
Twitchell Island                                                                                             57.9
SUTTER
                            0.9   1.6    3.2    4.9      6.3   7.5   8.0   6.9    5.2   3.4    1.5   0.9
Nicolaus                                                                                                     50.2
                            1.3   2.1    2.8    4.4      5.7   7.2   7.1   6.1    4.7   3.2    1.2   0.9
Yuba City                                                                                                    46.7
YOLO
Bryte                       0.9   1.7    3.3    5.0      6.4   7.5   7.9   7.0    5.2   3.5    1.6   1.0     51.0

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                                                                           Sutter County Zoning Code



                         1.0   1.9   3.3   5.0     6.4   7.6   8.2   7.1    5.4   4.0    1.8   1.0
Davis                                                                                                  52.5
                         1.0   1.7   3.4   5.5     6.9   8.1   8.5   7.5    5.8   4.2    2.0   1.2
Esparto                                                                                                55.8
                         1.7   1.7   2.9   4.4     5.8   7.1   7.9   6.7    5.3   3.3    1.6   1.0
Winters                                                                                                49.4
                         1.0   1.8   3.2   4.7     6.1   7.7   8.2   7.2    5.4   3.7    1.7   1.0
Woodland                                                                                               51.6
                         1.1   1.9   3.5   5.2     6.4   7.4   7.8   7.0    5.5   4.0    1.9   1.2
Zamora                                                                                                 52.8
YUBA
                         1.0   1.7   3.1   4.7     6.1   7.5   8.5   7.6    5.7   4.1    2.0   1.1
Browns Valley                                                                                          52.9
                         1.1   1.4   2.6   4.0     5.7   6.8   7.9   6.8    5.3   3.4    1.5   0.9
Brownsville                                                                                            47.4

* The values in this table were derived from:
1) California Irrigation Management Information System (CIMIS);
2) Reference EvapoTranspiration Zones Map, UC Dept. of Land, Air & Water Resources and
California Dept of Water Resources 1999; and
3) Reference Evapotranspiration for California, University of California, Department of Agriculture and
Natural Resources
(1987) Bulletin 1922, 4) Determining Daily Reference Evapotranspiration, Cooperative Extension UC
Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426




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                                                Appendix B

                      WATER EFFICIENT LANDSCAPE WORKSHEET

This worksheet is filled out by the project applicant and it is a required element of the Landscape
Documentation Package. Please complete all sections (A and B) of the worksheet.


                          SECTION A. HYDROZONE INFORMATION TABLE
Please complete the hydrozone table(s) for each hydrozone. Use as many tables as necessary to provide the
square footage of landscape area per hydrozone.

                      Zone or      Irrigation        Area           % of
      Hydrozone*       Valve       Method**        (Sq. Ft.)   Landscape Area




                     Total                                     100%

        *Hydrozone                                       **Irrigation Method
        HW = High Water Use Plants                       MS = Micro-spray
        MW = Moderate Water Use Plants                   S = Spray
        LW = Low Water Use Plants                        R = Rotor
                                                         B = Bubbler
                                                         D = Drip
                                                         O = Other




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                                                      Appendix B

                            SECTION B. WATER BUDGET CALCULATIONS

Section B1. Maximum Applied Water Allowance (MAWA)

The project's Maximum Applied Water Allowance shall be calculated using this equation:

         MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]

where:

MAWA     = Maximum Applied Water Allowance (gallons per year)
ETo      = Reference Evapotranspiration from Appendix A (inches per year)
0.7      = ET Adjustment Factor (ETAF)
LA       = Landscaped Area includes Special Landscape Area (square feet)
0.62     = Conversion factor (to gallons per square foot)
SLA      = Portion of the landscape area identified as Special Landscape Area (square feet)
0.3      = the additional ET Adjustment Factor for Special Landscape Area (1.0 - 0.7 = 0.3)

Maximum Applied Water Allowance = ________________________gallons per year

Show calculations.




Effective Precipitation (Eppt)

If considering Effective Precipitation, use 25% of annual precipitation. Use the following equation to
calculate Maximum Applied Water Allowance:

         MAWA= (ETo – Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)]

Maximum Applied Water Allowance = ________________________gallons per year

Show calculations.




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                                                                                Sutter County Zoning Code

Section B2. Estimated Total Water Use (ETWU)

The project’s Estimated Total Water Use is calculated using the following formula:


                          PF x HA      
      ETWU  ( ETo)(0.62)          SLA
                          IE           

where:

ETWU     = Estimated total water use per year (gallons per year)
ETo      = Reference Evapotranspiration (inches per year)
PF       = Plant Factor from WUCOLS (see Definitions)
HA       = Hydrozone Area [high, medium, and low water use areas] (square feet)
SLA      = Special Landscape Area (square feet)
0.62     = Conversion Factor (to gallons per square foot)
IE       = Irrigation Efficiency (minimum 0.71)

Hydrozone Table for Calculating ETWU

Please complete the hydrozone table(s). Use as many tables as necessary.

                     Plant Water         Plant               Area (HA)       PF x HA
   Hydrozone         Use Type(s)       Factor (PF)         (square feet)   (square feet)




                                                               Sum

                         SLA

Estimated Total Water Use = _________________________gallons

Show calculations.




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                                                                                                Sutter County Zoning Code

                                                Appendix C

                                         CERTIFICATE OF COMPLETION
        This certificate is filled out by the project applicant upon completion of the landscape project.

          PART 1. PROJECT INFORMATION SHEET
Date

Project Name

Name of Project Applicant                          Telephone No.

                                                   Fax No.

Title                                              Email Address

Company                                            Street Address

City                                               State                                   Zip Code



Project Address and Location:
Street Address                                     Parcel, tract or lot number, if available.

City                                               Latitude/Longitude (optional)

State                       Zip Code



Property Owner or his/her designee:
Name                                               Telephone No.

                                                   Fax No.

Title                                              Email Address

Company                                            Street Address

City                                               State                                   Zip Code



Property Owner
“I/we certify that I/we have received copies of all the documents within the Landscape Documentation Package
and the Certificate of Completion and that it is our responsibility to see that the project is maintained in
accordance with the Landscape and Irrigation Maintenance Schedule.”


______________________________________________________________________________

Property Owner Signature                                                                  Date



Please answer the questions below:
1.     Date the Landscape Documentation Package was submitted to the local agency_____________
2.     Date the Landscape Documentation Package was approved by the local agency_____________
3.     Date that a copy of the Water Efficient Landscape Worksheet (including the Water Budget
       Calculation) was submitted to the local water purveyor_____________


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                                                                                  Sutter County Zoning Code


PART 2. CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE
DOCUMENTATION PACKAGE

“I/we certify that based upon periodic site observations, the work has been substantially completed in
accordance with the ordinance and that the landscape planting and irrigation installation conform with the
criteria and specifications of the approved Landscape Documentation Package.”

Signature*                                       Date



Name (print)                                     Telephone No.

                                                 Fax No.

Title                                            Email Address

License No. or Certification No.

Company                                          Street Address


City                                             State                          Zip Code

*Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor.

PART 3. IRRIGATION SCHEDULING
Attach parameters for setting the irrigation schedule on controller per Section 1500-8775.

PART 4. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE
Attach schedule of Landscape and Irrigation Maintenance per Section 1500-8780.

PART 5. LANDSCAPE IRRIGATION AUDIT REPORT
Attach Landscape Irrigation Audit Report per Section 1500-8785.

PART 6. SOIL MANAGEMENT REPORT
Attach soil analysis report, if not previously submitted with the Landscape Documentation Package per
Section 1500-8750.

Attach documentation verifying implementation of recommendations from soil analysis report per Section
1500-8750.




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                                                                             Sutter County Zoning Code


                           DIVISION 93
              WIND ENERGY FACILITIES AND SITING
1500-9310       Purpose:

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

1500-9315      Applicability:

(a)     Mini-wind energy systems shall be permitted in all zoning districts.

(b)     Small wind energy systems are permitted, subject to the provisions of this Division in all
Agricultural (A) Districts, Ranchette (RAN), Residential Estate (RE), C-2, C-M and C-H Commercial
Districts, Industrial (M) Districts and Public (P) Districts.

1500-9320      Definitions:

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

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

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

(d)     Tower height – The height above grade of the fixed portion of the tower, excluding the wind
turbine.

1500-9325       Review and Approval process

(a)    Mini-wind energy systems proposed which are consistent with the following standards shall be
permitted upon the issuance of a zoning clearance by the Community Services Director or designated
agent. Applications for a zoning clearance shall be made in writing on a form prescribed by the
Community Services Department and shall be accompanied by such plans, elevations and technical
documentation necessary to demonstrate the details of the proposed system. A zoning clearance fee,
as established by resolution of the Board of Supervisors shall be paid at the time of application
submittal.

1.      The system is consistent with the setback and height limitations of the zoning district
proposed. Proposed heights shall not be allowed to be increased pursuant to Section 1500-8024
(Height Exceptions).


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                                                                             Sutter County Zoning Code


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

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

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

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

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

7.     In Residential Districts (RE, R-1, R-2, R-3 and R-4), mini-wind energy systems shall be limited
to one unit per lot. In all other cases, multiple systems may be located on a lot if the combined
systems have a rated capacity of not more than 7 kilowatts per lot.

(b)      Small wind energy systems proposed which are consistent with the following standards (1-12
below) shall be permitted upon the issuance of a zoning clearance by the Community Services
Director or designated agent. Applications for a zoning clearance shall be made in writing on a form
prescribed by the Community Services Department and shall be accompanied by such plans,
elevations and technical documentation necessary to fully show the details of a small wind energy
system. A zoning clearance fee, as established by resolution of the Board of Supervisors, shall be paid
at the time of application submittal.

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

(2)    The lot where the system is located shall be a minimum of 2 acres in size.

(3)    System height and property line setbacks shall be consistent with Table 1 below.

                                               Table 1

                      Lot size          Maximum             Maximum             Minimum
                                     permitted Tower        permitted            Required
                                         Height           System Height       Setback from
                                                                               Property line
                     2-5* acres           80 feet            100 feet         System height
                                                                                plus 5 feet
                    6-19* acres           100 feet           120 feet         System height
                                                                                plus 5 feet
                   20* acres and          120 feet           150 feet         System height
                       larger                                                   plus 5 feet

‫ ٭‬Table 1 is intended to be restrictive rather than permissive, therefore tenths of a lot are rounded
down to the next whole number, i.e. 3 acres = 3.1 up to 3.99 acres.

(4)    Decibel levels for proposed systems shall not exceed 60 decibels (dba) as measured at the
nearest property line except during short-term events such as utility outages and severe wind storms.


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                                                                             Sutter County Zoning Code

Manufacturer’s specifications or other information as approved by the Community Services Director
shall be submitted demonstrating compliance with this section.

(5)    Lattice and/or guyed towers shall not be allowed within five hundred (500) feet of a
residential district (R-1, R-2, R-3, R-4 and RE Districts).

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

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

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

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

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

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

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

(13)    Prior to issuance of a small wind energy system zoning clearance, ten days written notice of
the Community Services Director’s determination to issue a zoning clearance shall be sent to all
surrounding property owners of record within 400 feet of the project property as shown on the latest
Sutter County assessment roll and all established agricultural aerial spraying operators of record.
Notice provided shall contain a description of the proposal, including location on the property under
consideration. Notice shall be effective when mailed by first class U.S. mail. Such other notice as the
County deems appropriate may be given.

(c)    Small wind energy systems proposed which are determined not to be consistent with
subsection (b) (1-12) above may be permitted upon approval of a use permit consistent with Division
82.

(d)    Modifications to previously approved small wind energy systems shall obtain a zoning
clearance and demonstrate the proposed modification’s consistency with subsection (b) (1-12) above.

1500-9330      Abandonment and removal of facilities:

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

(b)     Upon a determination of abandonment or other violation(s), the county shall send a notice to
the property owner indicating the property owner shall remove the small wind energy system and all
associated facilities, and remediate the site to its approximate original condition within ninety (90)
days of notice by the county, unless the county determines the facilities must be removed in a shorter


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                                                                             Sutter County Zoning Code

period to protect public safety. Alternatively, if the violation(s) can be addressed by means short of
removing the small wind energy system and restoring of the site, the county may advise the property
owner of such alternative means of resolving the violation(s).

1500-9335      Appeals:

       Any decision made by the Community Services Director under this division may be appealed to
the Board of Supervisors. Any appeal shall be filed within ten days of the date of the Community
Services Director’s decision and shall be filed with the clerk of the Board of Supervisors. The Board of
Supervisors shall conduct an appeal hearing within 30 days of receipt of the appeal. Following the
appeal hearing, the Board may deny the appeal, grant the appeal, or grant the appeal with
modifications to the project.




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                                                                             Sutter County Zoning Code



                                         DIVISION 94
                                            SIGNS

1500-9410      Applicability:

        No sign(s) shall be erected or maintained in any land use district established by this chapter,
except those signs specifically described in this chapter. The number and area of signs as outlined in
this chapter are intended to be maximum standards.

         The provisions of this Division pertaining to the size, type, height, location and content of
signs shall apply to all new signs erected after November 1, 1996, and to any signs which were
constructed or erected prior to that date and which did not comply with the provisions of this chapter
at the time of said sign's construction or erection.

1500-9415      Purpose:

        The purpose of this Division is to provide standards for the regulation of signs in order to
safeguard and enhance property values; to protect public and private investment in buildings and
open spaces; to preserve and improve the appearance of Sutter County as a place in which to live and
to work and as an attraction to nonresidents who come to visit or trade; to encourage sound signing
practices as an aid to business and for the information of the public; to prevent excessive and
confusing sign displays; to reduce hazards to motorists and pedestrians; and to promote the public
health, safety and general welfare.

1500-9420      Sign Maintenance:

        Every sign displayed within the County shall be maintained in good physical condition. All
signs, together with supports, braces, anchors, and electrical components, shall be kept in a safe,
presentable condition. All defective or broken parts shall be replaced. Exposed surfaces shall be kept
clean, in good repair, and painted where paint is required.

1500-9425      Measuring Sign Area:

        Sign area includes the entire face of the sign, including the surface and any framing, but not
including the support structure. Individual letters on a building shall be measured by the area
enclosed by a continuous line outlining the perimeter of the words, emblems and logos. Where a sign
has more than one (1) face, each face shall be counted, except for double-faced signs with less than
twenty-four (24) inches between faces, in which case only one (1) side shall be counted as the total
area.

1500-9430      Prohibited Signs:

       The following signs are expressly prohibited:

       (a)      Portable and/or A-frame signs - Except as provided for under the "Special Event Signs"
section of this Division.

        (b)    Banners and inflatable displays - No banner, balloon or other inflatable display, canvas
sign, pennant, streamer, bunting, wind sign or flag shall be permitted except as permitted under the
"Special Event Sign" section of this Division.


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                                                                                 Sutter County Zoning Code

        (c)     Flashing signs - No sign (including window sign, exterior lighting or window lighting)
shall be permitted which is animated by means of flashing, scintillating, blinking, or traveling lights or
any other means not providing constant illumination, except for date, time and temperature signs.

        (d)     Signs on County property - No sign shall be located on County property or within the
right-of-way of any County street without the expressed permission of the County.

       (e)      Signs that move or show movement - No sign which moves or shows movement
(except for date, time and temperature signs) shall be permitted.

        (f)     Noise or smoke - No sign or device which emits audible sound, odor or visible matter
shall be permitted.

       (g)      Posters - The tacking, painting, pasting or otherwise affixing of signs or posters of a
miscellaneous character, visible from a public right-of-way, located on the walls of a building, bars,
shed, on trees, poles, posts, fences, or other structures, or anywhere on public property is prohibited.

        (h)     Roof signs.

       (i)      Traffic hazard - No sign shall be permitted at or near any street intersection in such a
manner as to obstruct free and clear vision of motor vehicle operators or at any location where by
reason of its position, intensity of light, shape or color, it may interfere with or be confused with any
authorized traffic sign, signal, or device or which makes use of a work symbol, phrase, shape or color
in such a manner as to interfere with, mislead, or confuse traffic.

       (j)      Vehicle signs - Signs on vehicles, trailers, boats, storage boxes or other similar objects
where such signs are not incidental to the primary use of the vehicle or other similar objects and
where the primary purpose of the sign and vehicle or other similar object upon which the sign is
attached or affixed is for advertising purposes.




1500-9435       Exempt                                                  Signs:

        The following signs shall be exempt from the provisions of this Chapter:

        (a)     Address signs.

       (b)     City/County entrance signs - Signs erected in or near the County or a city boundary,
contents of which are limited to the name of the County or city and the name of or other information
regarding civic, fraternal, or religious organizations located within the County.

        (c)     Civic signs - Memorial signs and plaques installed by a civic organization recognized


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                                                                                 Sutter County Zoning Code

by resolution of the County Board of Supervisors.

        (d)     Civic event signs.

        (e)     Developer/Contractor Signs - Development/contractor's sign(s) not to exceed fifty (50)
square feet per project exterior street frontage and not to exceed ten (10) feet in height, with the name
of the subdivision, development, building contractor, architect, or real estate firm, which may refer to
materials, appliances, supplies, and building trades used in the construction of the development or
services provided by the developer, may be allowed, during the period the project remains under
construction.

        (f)     Directional signs of less than six (6) square feet each.

       (g)     Flags - Up to four (4) official governmental flags of a state, nation, or political
subdivision, and nationally or internationally recognized organizations.

        (h)    Off-site garage/yard sale and short term agricultural sale/auction signs - Limited to two
(2) such signs, having a maximum of five (5) square feet and not to exceed six (6) feet high each,
located on private property with the property owner's permission. All signs are to be removed within
24 hours of the conclusion of the sale.

       (I)     Gasoline price signs - Only that portion of the area of a gasoline price sign necessary
to comply with the minimum State sign requirements.

        (j)     Indoor signs - Signs within a structure and not visible from the outside or public
right-of-way.

        (k)     Notices - Official and legal notices issued by a court or governmental agency.

        (l)     Political signs.

        (m)     Real estate signs:

                (1)      All residential districts - One (1) per street frontage not to exceed six (6) square
                feet in area and not to exceed a height of six (6) feet.

                (2)     A, FPARC and PR Districts - One (1) per street frontage not to exceed a height
                of eight (8) feet and size of sign depending upon size of property as follows:

                Parcel Size              Sign Size

                Under 1 acre              6 sq. ft.
                1 to 5 acres             12 sq. ft.
                5 to 10 acres            20 sq. ft.
                Over 10 acres            32 sq. ft.

                (3)    C and M Districts - One (1) per street frontage not to exceed 32 square feet in
                area and not to exceed a height of eight (8) feet.

                (4)     Such real estate signs shall be removed within seven (7) days after the sale,
                rental or lease of the property has been accomplished.
                (5)     Up to four (4) off-site directional signs, to a maximum of four (4) square feet
                each and three (3) feet in height, directing traffic to open houses and subdivisions


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                                                                                Sutter County Zoning Code

                involved in real estate sales may be permitted in any zone providing that:

                        (A)     the sign does not obstruct sight clearance,

                        (B)    the owner of the property on which such directional sign is posted has
                        agreed to such posting, and

                        (C)     such directional signs are removed at the close of business on each
                        day.

        (n)     Residential Identification signs.

         (o)       Subdivision flags - Bearing the name of the developer or development and only when
utilized in association with an approved model home sales office for a new residential subdivision.
Subdivision flags shall be limited to two (2) flags per model home and four (4) flags at the subdivision
entrance not to exceed a maximum area of twenty (20) square feet each and a pole height of twenty-
five (25) feet. If there are no model homes, then up to four (4) flags may be utilized in addition to those
at the subdivision entrance.

       (p)     Traffic signs - Traffic, directional, warning, or informational signs required or
authorized by a governmental agency.

         (q)     Window signs - Signs not exceeding three (3) square feet and limited to business
identification, hours of operation, "open/closed", address, and emergency information and two (2)
advertising signs not exceeding four (4) square feet in area each shall be permitted in addition to other
permitted signs.

        (r)     Non-viewable signs.

1500-9440       Special Event Signs:
        Temporary, on-site, special event signs, including but not limited to banners, pennants,
streamers, bunting, wind signs, balloons or flags shall be permitted up to thirty (30) days in any
calendar year subject to securing a zoning clearance for each special event. The use of special event
signs is limited to properties located in commercial and industrial zoning districts.

                                                 (a)     Applications for zoning clearances shall be
                                                 made with the Community Services Department and
                                                 shall be accompanied by a filing fee as may be
                                                 specified by resolution of the Board of Supervisors, a
                                                 plot plan showing the location of the sign on the
                                                 parcel, and an elevation showing the height, size, and
                                                 copy of the sign.

                                                 (b)     Applications for zoning clearance for special
                                                 event signs, regardless of the number or location of
                                                 such signs, shall be accompanied by a filing fee as
                                                 may be specified by resolution of the Board of
                                                 Supervisors and a cash deposit in the amount of One
                                                 Hundred and Fifty and No/100 Dollars ($150.00) to
                                                 assure the removal of such signs in accordance with
                                                 the provisions of this Code. If such special event signs
                                                 are not removed within the required time, the County
                                                 may remove such signs and the cost of such removal


                                                    195
                                                                             Sutter County Zoning Code

may be charged against the deposit.

c)     Unless otherwise provided, Zoning Clearances shall be issued pursuant to Division 83 of this
Chapter.

1500-9445       Seasonal Displays:

       For developed lots which are commercially zoned, temporary displays may be suspended from
the parking lot light standards, such as bunting used to attract attention to a retail property or
properties, provided:

        (a)    The display does not advertise a company, product or special event associated with an
individual business, and

        (b)     The display is designed so it does not obstruct traffic, sight distance, parking area
lighting or existing directional signs.

1500-9450       Specific Plan or Planned Development Areas:

         Any new sign or enlargement to an existing sign on property located within a specific plan area
or a planned development district shall comply with any more specific standards as may be adopted
therein.

1500-9455       Modification of Nonconforming Signs:

         Notwithstanding other provisions of this chapter, no nonconforming sign shall be in any
manner structurally altered, remodeled or moved without being made to comply in all respects with
the provisions of this Division; provided, however, that nothing herein shall prohibit the normal
maintenance or repair of any nonconforming sign nor the painting or repainting or otherwise changing
of the face thereof.

1500-9460       Wayside Stands and Commercial Fruit Stands Within Agricultural Districts:

         Notwithstanding other provisions of this chapter, in addition to other signs allowed by this
Division, wayside and/or commercial fruit stands located within agricultural districts shall be allowed
two (2), on-site freestanding signs not exceeding thirty-two (32) square feet each and not over six (6)
feet in height for wayside stands or eight (8) feet in height for commercial fruit stands, or, when
located in the R-1 or RAN districts, wayside stands shall be allowed two signs not exceeding six (6)
square feet each in size.

1500-9465      Subdivision Identification Signs:

       Permanent on-site subdivision identification signs not exceeding thirty-two (32) square feet in
area and six (6) feet in height, provided all yard setback requirements are maintained, may be allowed
in A and R districts.

1500-9470       Sign Height:

         When a sign which is not attached to a building is located below the grade of the adjacent
right-of-way, the sign's height may be increased so that the bottom of the sign panel is equal to the
elevation of the crown of the road. In no case may the sign's height be increased by more than two (2)
feet. In all cases, all yard setback requirements shall be maintained.



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                                                                              Sutter County Zoning Code

1500-9475       Entry Portal Signs:

        Notwithstanding any other provision of this Chapter, within any A district, one (1) freestanding
entry portal sign not exceeding thirty-two (32) square feet in area and twenty (20) feet in height may be
placed across the property's entry accessway. The entry portal sign may list only the name of the
property owner or business located thereon and the property address.

1500-9485       Sign Standards:

       The standards for sign size, number, location, type and other characteristics shall apply as
shown in the following tables:




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                                                                                                                   Sutter County Zoning Code

    a.       Agricultural Zones (AG, A-2, FPARC, UA & PR)

             1.        Within the Yuba City Sphere of Influence


Sign Type          Maximum       Maximum Area        Maximum                    Text                     Location           Lighting
                    Number         Per Sign         Sign Height                                        Requirements         Allowed?

Monument          1 per             40 sq. ft.          6 ft.          Name, logo and nature of       6 feet from all    Yes, externally
  Signs              building                                      occupancy of the building to be    property lines.   or internally.
                  site.(1)                                         advertised. For public, quasi-     Must meet yard
                                                                   public uses, churches and          setback
                                                                   similar uses a changeable copy     requirements.
                                                                   sign is permitted provided it
                                                                    occupies no more than 50% of
                                                                   total sign area.

Directory         1 per             12 sq. ft.          6 ft.          Name and nature of the         As near the        Yes, externally
  Signs           building                                         occupancy to which the sign is     main entrance     or internally.
                  complex.                                         directing the public.              as possible and
                                                                                                      not readable
                                                                                                      from the public
                                                                                                      right-of-way.

  Wall                1 per        1 sq. ft. for    Not to             Name, logo and nature of       Attached to        Yes, externally
  Signs           building       each 1 lineal      exceed the     occupancy of the building to be     building below   or internally.
                   occupancy     foot of building   eaves of the   advertised. For public, quasi-     the eaves.
                  per            frontage,          building to    public uses, churches and
                  occupancy       not to exceed     which it is    similar uses a changeable copy
                  street         64 sq. ft.         attached.      sign is permitted provided it
                  frontage.                                         occupies no more than 50% of
                                                                   total sign area.

Changeable         1 attached    50% of total                       Limited to the activities and                        Yes, externally
   Copy           to a wall or   permitted sign                    events to be offered by the use.                     or internally.
  Signs(2)        monument        area to which
                  sign.          it is attached.
             (continues)




                                                                   198
                                                                                                                     Sutter County Zoning Code

                1.        Within the Yuba City Sphere of Influence - continued


   Sign Type          Maximum      Maximum Area         Maximum                     Text                   Location               Lighting
                       Number        Per Sign          Sign Height                                       Requirements             Allowed?

   Projecting          See wall    See wall sign.(3)      See wall       Limited to the name, nature    Lowest portion      Yes, externally
   Wall Signs          signs.(3)                       sign.           and logo of the occupancy of     of the sign must   or internally.
                                                                       the building or business to be   be a minimum of
                                                                       advertised. May only be          8 feet above the
                                                                       attached to the building to      average grade.
                                                                       which the copy relates.          May not project
                                                                                                        more than 4 feet
                                                                                                        from the wall to
                                                                                                        which it is
                                                                                                        attached.

   Awning/             See wall    50% of total        Not to            Limited to the name, nature     Lowest portion    Yes.
    Canopy             signs.(3)   awning/canopy       exceed the      and logo of the occupancy of     of the sign
 Signs                             area. Not to        eaves of the    the building or business to be   must be a
                                   exceed area         building to     advertised.                       minimum of 7
                                   allowed for         which it is                                      feet above the
                                   wall signs.(3)      affixed.                                         average grade.

   Suspended           1 double-   6 sq. ft.              Must be        Limited to the name, nature     Lowest portion    Yes.
     Signs           faced sign.                       located         and logo of the occupancy of     of the sign
                                                       under a         the building or business to be   must be a
                                                          walkway      advertised.                       minimum of 7
                                                       cover and be                                     feet above the
                                                       perpendicular                                    average grade.
                                                       to walkway.

(1) Properties having frontage on a second public street may have a second monument sign; however, the total sign area of on-site monument
    signs shall not be increased.
(2) When used in conjunction with a church, school or governmental agency.
(3) Sign area and number counts towards total allowed wall sign totals.




                                                                       199
    a.       Agricultural Zones (AG, A-2, FPARC, UA & PR) - continued

             2.        Outside the Yuba City Sphere of Influence


Sign Type          Maximum       Maximum Area        Maximum                    Text                     Location           Lighting
                    Number         Per Sign         Sign Height                                        Requirements         Allowed?

Monument          1 per          64 sq. ft.         8 ft.              Name, logo and nature of       6 feet from all    Yes, externally
  Signs              building                                      occupancy of the building to be    property lines.   or internally.
                  site.(1)                                         advertised. For public, quasi-     Must meet yard
                                                                   public uses, churches and          setback
                                                                   similar uses a changeable copy     requirements.
                                                                   sign is permitted provided it
                                                                    occupies no more than 50% of
                                                                   total sign area.

Directory         1 per          12 sq. ft.         6 ft.              Name and nature of the         As near the        Yes, externally
  Signs           building                                         occupancy to which the sign is     main entrance     or internally.
                  complex.                                         directing the public.              as possible and
                                                                                                      not readable
                                                                                                      from the public
                                                                                                      right-of-way.

  Wall                1 per        1 sq. ft. for    Not to             Name, logo and nature of       Attached to        Yes, externally
  Signs           building       each 1 lineal      exceed the     occupancy of the building to be     building below   or internally.
                   occupancy     foot of building   eaves of the   advertised. For public, quasi-     the eaves.
                  per            frontage,          building to    public uses, churches and
                  occupancy       not to exceed     which it is    similar uses a changeable copy
                      street     125 sq. ft.        attached.      sign is permitted provided it
                  frontage.                                         occupies no more than 50% of
                                                                   total sign area.

Changeable         1 attached    50% of total                       Limited to the activities and                        Yes, externally
   Copy           to a wall or   permitted sign                    events to be offered by the use.                     or internally.
  Signs(2)        monument        area to which
                  sign.          it is attached.
             (continues)




                                                                   200
                2.        Outside the Yuba City Sphere of Influence - continued


   Sign Type          Maximum      Maximum Area         Maximum                     Text                   Location               Lighting
                       Number        Per Sign          Sign Height                                       Requirements             Allowed?

   Projecting        See wall      See wall sign.(3)      See wall       Limited to the name, nature    Lowest portion      Yes, externally
   Wall Signs        signs.(3)                         sign.           and logo of the occupancy of     of the sign must   or internally.
                                                                       the building or business to be   be a minimum of
                                                                       advertised. May only be          8 feet above the
                                                                       attached to the building to      average grade.
                                                                       which the copy relates.          May not project
                                                                                                        more than 4 feet
                                                                                                        from the wall to
                                                                                                        which it is
                                                                                                        attached.

   Awning/           See wall      50% of the              Not to        Limited to the name, nature     Lowest portion    Yes.
    Canopy           signs.(3)     total               exceed the      and logo of the occupancy of     of the sign
 Signs                             awning/canopy       eaves of the    the building or business to be   must be a
                                   area. Not to        building to     advertised.                       minimum of 7
                                   exceed area         which it is                                      feet above the
                                   allowed for         affixed.                                         average grade.
                                   wall signs.(3)

   Suspended           1 double-   6 sq. ft.              Must be        Limited to the name, nature     Lowest portion    Yes.
     Signs           faced sign.                       located         and logo of the occupancy of     of the sign
                                                       under a         the building or business to be   must be a
                                                          walkway      advertised.                       minimum of 7
                                                       cover and be                                     feet above the
                                                       perpendicular                                    average grade.
                                                       to walkway.

(1) Properties having frontage on a second public street may have a second monument sign; however, the total sign area of on-site monument
    signs shall not be increased.
(2) When used in conjunction with a church, school or governmental agency.
(3) Sign area and number counts towards total allowed wall sign totals.




                                                                       201
         b.     Residential Zones (RE(1), R-1(1), R-2(1), R-3(2), R-4(2), M-H-S(3), P & RAN)


   Sign Type        Maximum       Maximum Area         Maximum                      Text                      Location             Lighting
                     Number         Per Sign          Sign Height                                           Requirements           Allowed?

   Monument       1 per           32 sq. ft.         6 feet.              Name, logo and nature of         5 feet from all      Yes, externally
     Signs           building                                         occupancy of the building to be      property lines.     or internally.(7)
                  site.(4)                                            advertised. For public, quasi-       Sight distances
                                                                      public, churches and similar uses    and yard setback
                                                                      a changeable copy sign is              requirements
                                                                      permitted provided it occupies no    must be
                                                                      more than 50% of total sign area.    maintained.

    Directory     1 per           8 sq. ft.          6 sq. ft.            Name and nature of the           As near the main     Yes, externally
      Signs       building                                            occupancy to which the sign is        entrance of the    or, if internally
                  complex.                                            directing the public.                   complex as       only between the
                                                                                                           possible and not    hours of 6 a.m.
                                                                                                           readable from       and 10 p.m.
                                                                                                           the public right-
                                                                                                           of-way.

      Wall        1 sign per      32 sq. ft.             Not to           Name, logo and nature of         Attached to          Yes, externally
      Signs       street                             exceed the       occupancy of the building to be      building below      or internally.
                  frontage.(5)                       eaves of the     advertised. For public, quasi-       eaves.
                                                     building to      public, churches, and similar uses
                                                     which it is      a changeable copy sign is
                                                     attached.        permitted provided it occupies no
                                                                      more than 50% of total sign area.

   Changeable      1 attached     50% or less of                       Limited to the activities and                            Yes, externally
      Copy        to a wall or    total permitted                     events to be offered by the use.                         or internally.
     Signs(6)     monument          sign area to
                  sign.           which it is
                                  attached.
(1) In the RE, R-1 and R-2 Districts limited to uses requiring use permits or to publicly-owned properties. Adding a sign to an existing use which
    requires a use permit does not require a use permit unless the sign itself requires a use permit.
(2) Except for publicly-owned properties, monument signs are not permitted for uses which are also permitted uses in RE, R-1 or R-2 Districts.
(3) Requirements for R-1 District also apply to M-H-S District.
(4) Properties having frontage on a second street may have a second monument sign; however, the total sign area of monument signs on-site
    shall not be increased.
(5) Building fronting upon two streets shall be allowed a second wall sign of 32 square feet.
(6) When used in conjunction with a church, school or governmental agency.
(7) Internally illuminated monument signs, in all R Districts, shall require a minor use permit.




                                                                       202
      c. Commercial Zones (CH, C-1, C-2, C-M, & EC)


 Sign Type         Maximum             Maximum Area             Maximum                        Text                      Location                  Lighting
                    Number               Per Sign              Sign Height                                             Requirements                Allowed?

Monument      1 sign per each 300     40 sq. ft. in CH,      6 feet in CH, C-      Name, logo, and nature of       5    feet  from    all     Yes, externally
  Signs       feet of lineal street   C-1, 48 sq. ft. in     1 and C-M. 10         occupancy of the building or    property lines. Sight      or internally.
              frontage with no        C-M, 64 sq. ft. in     feet in C-2 and       business to be advertised.      distance and yard
              more than 2 signs       C-2 and EC             EC                                                    setback requirements
              per street and not                                                                                   must be maintained.
              to exceed 3 signs
              per site.

Monument      1 sign per each 300     See Building Size      See    Building       Name, logo, and nature of       5    feet   from   all     Yes, externally
Signs (5 or   feet of lineal street   table( 1).             Size table( 1).       occupancy of the building or    property lines. Sight      or internally.
more          frontage with no                                                     business to be advertised.      distance and     yard
businesses    more than 2 signs                                                                                    setback requirements
in C-2, C-    per street and not                                                                                   must be maintained.
M, and EC)    to exceed 3 signs
              per site.

Directional   1 for one-way, 2 for    4 sq. ft.              3 feet.               Directional and regulatory      Outside of the public      Yes, during the
    Signs     two-way driveways.                                                   information, with no more       right-of-way.              business hours
                                                                                   than 20% of the sign area to                               only.
                                                                                   identify the occupancy.

  Directory   1    per    building    12 sq. ft.             6 feet.               Name and nature of the          As near the main           Yes, during the
    Signs     frontage.                                                            occupancy(s) to which the       entrance of the building   business hours
                                                                                   sign is directing the public.   as possible and not        only.
                                                                                                                   readable     from    the
                                                                                                                   public right-of-way.
   Off-site   Only    with     an     32 sq. ft.             8 feet.                                               Minimum distance of        No     internally
Advertising   approved        use                                                                                  1,000 feet from another        illuminated
   Signs(2)   permit.    Number                                                                                    off-site sign on same      signs. May be
              based on Locational                                                                                  side of street and 500     externally
              Requirements.                                                                                        feet apart if located on   illuminated,
                                                                                                                   opposite sides of the      with          no
                                                                                                                   street.                      moving parts.
    Wall      None, but total         CH, C-1 - ¾ sf. for    Not to exceed         Name, nature and logo of        Attached to building       Yes, externally
    Signs     signage limited to      each 1 lineal foot     the building          the occupancy     of   the      below eaves.               or internally.
              maximum sign area       of bldg frontage. C-   eaves of the          building or business to be
                                      2, C-M, and EC - 1     building     to       advertised.
                                      1/2 sf. for each 1     which    it  is
                                      foot of building       affixed.
                                      frontage.

                                                                             203
      Sign Type         Maximum           Maximum Area            Maximum                       Text                       Location                   Lighting
                         Number             Per Sign             Sign Height                                             Requirements                 Allowed?

  Changeable       1 attached to a       50% or less of                              Limited to the activities                                 Yes, externally
  Copy Sign(3)     wall or monument      total permitted                             and events to be offered by                               or internally.
                   sign.                 sign    area    to                          the use.
                                         which     it    is
                                         attached.

      Projecting   See wall signs.(4)    Not to exceed         Not to exceed         Limited to the name, nature     Lowest portion of sign    Yes, externally
      Wall Signs                         area allowed for      the eaves of the      and logo of the occupancy       must be minimum of        or internally.
                                         wall signs.(4)        building      to      of the building or business     8 feet above the
                                                               which    it    is     to be advertised. May only      average grade. May
                                                               affixed.              be attached to the building,    not project more than
                                                                                     to which the copy relates.      4 feet from the wall to
                                                                                                                     which it is attached.

   Awning/         See wall signs.(4)    50% of the total      Not to exceed         Limited to the name, nature     Lowest portion of the     Yes.
    Canopy                                awning/canopy        the eaves of the      and logo of the occupancy       sign must          be
 Signs                                   area. Not to exceed   building      to      of the building or business     minimum of 8 feet
                                         area allowed for      which    it    is     to be advertised.               above the average
                                         wall signs.(4)        affixed.                                              grade.

      Suspended    1 double-face sign    6 sq. ft.             Must be located       Limited to the name, nature     Lowest portion of the     No.
        Signs      per        business                         under a covered       and logo of the occupancy       sign must          be
                   entrance.     Signs                         walkway     and       of the building or business     minimum of 7 feet
                   must be uniform                              perpendicular        to be advertised.               above the average
                   in color & design                           to the walkway.                                       grade.
                   for all tenants
                   identified within
                   the center.

(1)                                                                          Building Size Table

                                    Building Size                    Maximum Area Per Sign                    Maximum Sign Height

                                  1 to 50,000 sq. ft.                    80 sq. ft.                                 12.5 feet

                                  50,001 to 100,000                      96 sq. ft.                                 15 feet

                                  100,001 to 150,000                     112 sq. ft.                                17.5 feet

                                  Over 150,000 sq. ft.                   128 sq. ft.                                20 feet
(2) Allowed upon approval of a use permit and when meeting locational requirements.
(3) When used in conjunction with a church, school or governmental agency.

                                                                               204
(4) Sign area and number count towards total allowed wall sign total.




                                                                        205
d. Industrial Zones (M-L, M-1, M-2 & AV)

 Sign Type           Maximum             Maximum Area            Maximum                    Text                     Location                 Lighting
                      Number               Per Sign             Sign Height                                        Requirements               Allowed?

 Monument       1 sign per each 300     48 sq. ft.            6 feet            Name, logo, and nature of       5    feet   from   all   Yes, externally
   Signs        feet of lineal street                                           occupancy of the building or    property lines. Sight    or internally.
                frontage with no                                                 business to be advertised.     distance and     yard
                more than 2 signs                                                                               setback requirements
                per street and not                                                                              must be maintained.
                to exceed 3 signs
                per site.

 Directional    1 for one-way, 2 for    4 sq. ft.             3 feet.           Directional and regulatory      Outside of the public    Yes, during the
    Signs       two-way driveways.                                              information, with no more       right-of-way.            business hours
                                                                                than 20% of the sign area to                             only.
                                                                                identify the occupancy.

  Directory     1    per    building    12 sq. ft.            6 feet.           Name and nature of the          As near the main         Yes, during the
    Signs       frontage.                                                       occupancy(s) to which the       entrance of building     business hours
                                                                                sign is directing the public.   as possible and not      only.
                                                                                                                readable from the
                                                                                                                public right-of-way.

   Off-site     Only    with     an     32 sq. ft.            8 feet.                                           Minimum distance of      No     internally
 Advertising    approved        use                                                                             1,000     feet    from       illuminated
   Signs(1)     permit. Number                                                                                  another off-site sign    signs. May be
                based on Locational                                                                             on same side of street   externally
                Requirements.                                                                                   and 500 feet apart if       illuminated,
                                                                                                                located on opposite      with          no
                                                                                                                sides of the street.     moving parts.

    Wall        None, but total         M-L, AV - ¾ sq. ft.   Not to exceed     Limited to name, nature         Attached to building     Yes, externally
    Signs       signage is limited      for each 1 lineal     the building      and logo of the occupancy       below eaves.             or internally.
                to maximum sign         foot of building      eaves of the      of the building or business
                area                    frontage. M-1, M-     building     to   to be advertised.
                                        2 - 1 sq. ft. for     which    it  is
                                        each 1 lineal foot    affixed.
                                        of        building
                                        frontage.

 Changeable     1 attached to a wall    50%     of   total                      Limited to the activities                                Yes, externally
 Copy Sign(2)   or monument sign.       permitted     sign                      and events to be offered by                              or internally.
                                        area to which it is                     the use.
 (Continues)                            attached.

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                                                                                                                    Sutter County Zoning Code


                     Maximum            Maximum Area         Maximum                     Text                      Location                   Lighting
Sign Type             Number              Per Sign          Sign Height                                          Requirements                 Allowed?


 Projecting     See wall signs.(3)     Not to exceed      Not to exceed       Limited to the name, nature    Lowest portion of the     Yes, externally
 Wall Signs                            area allowed for   the eaves of the    and logo of the occupancy      sign must           be    or internally.
                                       wall signs.(3)     building      to    of the building or business    minimum of 8 feet
                                                          which    it    is   to be advertised. May only     above the average
                                                          affixed.            be attached to the building,   grade. May not project
                                                                              to which the copy relates.     more than 4 feet from
                                                                                                             the wall to which it is
                                                                                                             attached.

Awning/         See wall signs.(3)     50% of the total   Not to exceed       Limited to the name, nature    Lowest portion of the     Yes.
   Canopy                               awning/canopy     the eaves of the    and logo of the occupancy      sign must          be
Signs                                  area.     Not to   building      to    of the building or business    minimum of 8 feet
                                       exceed area        which    it    is   to be advertised.              above the average
                                       allowed for wall   affixed.                                           grade.
                                       signs.(3)

                1 double-faced sign    6 sq. ft.          Must be located     Limited to the name, nature    Lowest portion of the     No.
 Suspended      per        business                       under a covered     and logo of the occupancy      sign must          be
   Signs        entrance.     Signs                       walkway     and     of the building or business    minimum of 7 feet
                must be uniform in                         perpendicular      to be advertised.              above the average
                color and design for                      to the walkway.                                    grade.
                all   tenants
                identified   within
                the center.

  (1)   Allowed upon approval of a use permit and then only when meeting locational requirements. Not allowed in the M-L or AV Districts.
  (2)   When used in conjunction with a church, school or governmental agency.
  (3)   Sign area and number counts toward total allowed wall sign area.




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                                                              Sutter County Zoning Code


                    DIVISION 95
        WIRELESS COMMUNICATION FACILITIES
                   AND SITING
1500-9510       Purpose:

         The purpose of this Division is to encourage the appropriate location and
development of wireless communication facilities. Sutter County has deemed the
quality of a community and the physical environment as being necessary to protect the
public’s health, safety and general welfare and has therefore enacted this Division to
establish a review process for the siting, construction and modification of wireless
communication facilities. The County has deemed it a high priority to minimize the
scattered location of wireless communication facilities. Therefore, the County will
minimize the impact of such sites by encouraging their location on existing structures,
co-locating on existing communication structures, locating adjacent to existing large
or tall structures within a cluster of development, and by applying appropriate siting
standards for stand alone facilities. A further purpose of this Division is to pursue
additional public benefits by encouraging the leasing of publicly owned properties
where feasible for the development of wireless communication facilities.

1500-9515       Applicability:

        Wireless communication facilities are permitted, subject to the provisions of
this Division, in all Agricultural (A) Districts, the C-2, C-M and C-H Commercial
Districts, Public (P) and Industrial (M) Districts. Wireless communication facilities are
prohibited in all other districts unless determined to be exempt. The following types of
antennas shall be exempt from the provisions of this Division if, and to the extent that,
a permit issued by the California Public Utilities Commission (CPUC), or other
applicable federal or state law specifically provides that the antenna is exempt from
local government regulation: non-commercial antennas, including dish antennas,
television and radio antennas, and antennas used in amateur radio.

1500-9520       Definitions:

       (a)      Antenna - Any system of poles, panels, rods, reflecting discs or similar
devices that transmits or receives radio frequency signals.

       (b)     Co-location - A term used when two or more wireless communication
providers locate their transmitting equipment on the same tower or mono-pole.

       (c)   Equipment shelter or cabinet - An ancillary building used to house the
telecommunications equipment at a wireless communication facility.

     (d)     Mono-pole - A single free-standing pole used to support wireless
communication equipment.

         (e)    Radio Propagation Model - A radio frequency engineering plot that
illustrates the radius of coverage for a wireless communication network or an
individual antenna site.
         (f)    Tower - A multi-member structure used to support wireless
communication equipment.


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                                                                       Sutter County Zoning Code

               (g)     Wireless communication facility - An unstaffed facility used for the
        transmission and reception of low-power radio signals. These facilities provide
        wireless telephone, data and paging services like cellular telephone services and
        personal communications service (PCS).

       1500-9525      Development and siting standards:
       The evaluation of any wireless communication facility proposal shall be based on the following
standards:

        (a)     The equipment shelter or cabinet must be concealed to the extent possible from public
view and be made compatible with the architecture of surrounding structures. The equipment shelter
or cabinet shall be regularly maintained.

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

       (c)     The height of a communications tower shall be the minimum necessary to meet the
technical requirements of the proposed communication system. A technical report and/or radio
propagation model shall be submitted with each application and subject to section (i) below.

        (d)     Landscaping shall be provided for and maintained to screen any ground structures or
equipment, unless the Planning Commission determines it is not necessary due to the isolated
location of the site or because the site is not visible from a public right-of-way.

        (e)    All equipment, antennas, poles or towers shall be painted or otherwise treated to
minimize visual impact. Antennas mounted on the side of a building shall be painted or otherwise
treated to match the exterior of the building or the antenna’s background color.

        (f)     Roof-mounted antennas may extend ten (10) feet above a roof line with an additional
foot in height for each ten (10) feet the antenna is setback from the edge of the building. Antennas
mounted on the side of a building shall not extend above the building parapet. Ancillary roof-mounted
equipment shall be screened from public view.

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

         (h)    Telecommunication providers shall co-locate on existing facilities (e.g. mono-poles,
towers, PG&E structures, etc.), unless it is determined not to be feasible. The applicant shall provide
technical evidence explaining why co-location cannot be achieved. This evidence may be subject to
section (i) below. For the siting of new facilities, the applicant shall make provisions on their facility
for future co-location opportunities. If it is determined that co-location is not feasible on an existing
facility, new mono-poles/towers shall be located in a clustered area of development (e.g. areas
containing non-residential, agricultural manufacturing or processing, commercial, or industrial
development) and adjacent to large or tall structures (e.g. grain silos, elevators, processing facilities,
etc.). Technical evidence explaining why siting on developed property adjacent to, or on, large or tall
structures shall also be required if it is determined to be infeasible.


       (i)    In the event the Community Services Director or designee needs assistance in
understanding the technical aspects of a particular proposal, he or she may retain the services of a
                                                   209
                                                                       Sutter County Zoning Code

communications consultant acceptable to the County to determine the engineering requirements of
establishing a specific wireless network. This service shall be at the applicant’s expense.

       (j)     Where feasible, the location of wireless communication facilities shall be considered
preferable on publicly owned or controlled property or right-of-way.

        (k)     For service providers who plan to establish multiple wireless communication facilities
within the County, the service provider is encouraged to apply for approval of all facilities under a
master or single application. Under this approach, the County shall act on all proposed facilities as a
single application and expedite the processing of the application.

         (l)      All applications for new mono-poles/towers shall provide a map showing planned
and/or anticipated future needs of wireless communication services within and throughout Sutter
County. In addition to the map, the applicant shall explain the basis for the projected service
requirements. To the extent feasible, planned and anticipated needs for future wireless communication
facilities shall be forecasted for a minimum of two years following the date of application for a new
wireless communication facility. Applicants not able to submit planned and/or anticipated needs
forecasted for two years shall explain why it is not feasible to do so. Furthermore, applicants shall
supply a “search ring” within which their new facility(ies) and associated communication equipment
must be sited. In addition to the “search ring”, the applicant shall explain the criteria used to establish
the “search ring” and the constraints of siting facilities outside of it.

        (m)     An alternative site analysis will be required of all applications for the siting of new
mono-poles/towers detailing the specific steps undertaken to determine the applicant’s selection of a
particular project site and its relationship to the location preferences prescribed in Division 95. This
analysis shall include a radio propagation model for each carrier, or carriers if the mono-pole/towers
are for multiple users. The alternative analysis shall include the following information:

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

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

               (iii.)  Identification of service gaps in the proposed service area, or areas of high
        usage requiring in-fill of existing service areas;

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

1500-9530       Review and Approval process

         In recognition of its desire and determined policy to co-locate wireless communication
facilities, the County provides two different review and approval procedures.

        (a)     Use Permit:     New wireless communication facilities, except those facilities as
                specified below under a zoning clearance, shall obtain approval of a use permit from
                the Planning Commission. The Planning Commission shall review the application and
                approve, deny or conditionally approve an application based on the standards of this
                Division and in accordance with Division 82 of this Code. Any applicant who includes
                co-location capabilities as part of their application for a use permit shall be entitled to
                expedited processing.


                                                   210
                                                                     Sutter County Zoning Code

       (b)     Zoning Clearance:      Zoning clearance shall be required for the following activities
               related to wireless communication facilities:

               (1)     Wireless communication facilities that co-locate at an existing facility.

               (2)     Modifications and additions to approved facilities.

               (3)     Wireless communication facilities that locate on existing buildings or
               structures, including water towers or grain silos.

        The Community Services Director or designee may approve, deny, or conditionally approve the
above activities subject to the standards of this Division. The zoning clearance shall be approved
prior to issuance of a building permit. Applications for a zoning clearance permit shall be made in
writing on a form prescribed by the Community Services Department and shall be accompanied by
such plans, elevations and technical documentation necessary to fully show the details of a wireless
communication facility. A zoning clearance fee, as established by resolution of the Board of
Supervisors, shall be paid for this review.

       (c)     In reviewing applications pursuant to this ordinance, the County shall not
               unreasonably discriminate among providers of functionally equivalent services.

       (d)     Any decision to deny a permit by the Board of Supervisors, the Planning Commission
               or the Community Services Director shall be in writing and supported by substantial
               evidence contained in a written record.

1500-9535      Findings and Conditions:

        In addition to other findings as may be required by this chapter, the Planning Commission
shall make the following findings when considering a use permit for a wireless communication facility:


       (a)     The height of the tower is the minimum necessary to meet the technical requirements
               of the proposed wireless communication system.

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

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

       (d)     The project as proposed is necessary for the provision of an efficient wireless
               communication system.

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



1500-9540      Removal of facilities:

      The operator of a wireless communication facility shall be required to remove all unused or
abandoned equipment, antennas, poles or towers within thirty (30) days of abandonment. The facility
                                                 211
                                                                    Sutter County Zoning Code

shall be deemed abandoned if it has not been operational for a consecutive six (6) month period.

1500-9541      Financial Assurance Requirements

        The carrier and/or successor in interest shall properly maintain and ultimately remove if
required, the approved wireless communication facilities according to the provisions of this
chapter and any conditions of permit approval. The carrier shall post a financial security, such as a
bond or Certificate of Deposit, acceptable to the County to ensure that the approved facilities are
properly maintained and to guarantee that the facility is dismantled and removed from the
premises and the site reclaimed if it has been inoperative for a one-year period, or upon expiration
of the permit. Financial assurance shall be an amount determined by a California licensed
engineer, and approved by the Planning Commission, and shall cover the costs associated with
the demolition, removal, and reclamation of the facility site in the event the carrier abandons
operations.

1500-9545      Appeals:

        Appeal from any finding or action by the Planning Commission shall be made pursuant to
Division 3 - Appeals of this Chapter.




                                                212
                                                                      Sutter County Zoning Code


                                       DIVISION 96
                                      ENFORCEMENT

1500-9610       Enforcement:

        Except for a lawfully existing non-conforming use, it shall be unlawful to use any land or to
erect, construct, enlarge, alter, move or use any structure, except in accordance with the provisions
and requirements of this chapter. Any use not specified as permitted in a particular zoning district is
not permitted within that zoning district. It shall be the duty of the Community Services Director or his
designee to enforce the provisions of this Chapter.

1500-9612       Violation a Misdemeanor or Infraction:

         Any person, firm, corporation, or partnership which willfully violates any of the provisions or
fails to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor or
infraction, except that nothing herein shall be deemed to bar any legal, equitable, or summary remedy
to which the County of Sutter or other political subdivision or any person, corporation, or partnership
may have.




                                                  213
                                                                    Sutter County Zoning Code


                                       DIVISION 97
                                      SEVERABILITY

1500-9710      Severability:

        If any section, subsection, paragraph, sentence, clause or phrase of this Chapter, which is
reasonably separable from the remaining portion of this Chapter is, for any reason, held to be invalid
or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Chapter, it being expressly declared that this
Chapter and each section, subsection, paragraph, sentence, clause, and phrase thereof would have
been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs,
sentences, clauses or phrases be declared invalid or unconstitutional.




                                                 214
                                                                     Sutter County Zoning Code


                                        DIVISION 98
                                        DEFINITIONS

1500-9810       General Rule:

        For the purpose of this Chapter certain terms used herein are defined. All words used in the
present tense shall include the future tense, all words used in the plural number shall include the
singular number, and all words in the singular number shall include the plural number, unless the
natural construction of the wording indicates otherwise. The word "lot" includes the word "plot", and
the word "shall" is mandatory and not directory. The word "County" as used herein shall mean the
County of Sutter, State of California; the words "Board of Supervisors" shall mean the Board of
Supervisors of the County of Sutter; the words "Planning Commission" shall mean the Planning
Commission of the County of Sutter; and the words "County Boundary" shall mean the boundary of
the County of Sutter.

1500-9816       “Accessory Building”:

        A detached subordinate building, the use of which is incidental and related to that of the main
building on the same lot, or to the use of the land.

1500-9818       “Accessory Use”:

        The use of a building or land which is incidental, subordinate, and related to the principal use
or building located on the same lot.

1500-9819       “Accessway”:

       That portion of a parking lot that provides access to and between parking areas.

1500-9820       “Agricultural Equipment”:

        Equipment, implements, vehicles and machinery used exclusively for agricultural planting,
cultivation, maintenance and harvesting. This definition does not include passenger vehicles and
pick-up trucks rated at one ton or less hauling capacity.

1500-9821       “Agricultural Processing Plant”:

        Establishments designed and used for the evaporation and concentration of fresh fruits and
vegetables, including cooking and placing same in suitable containers and including accessory uses
thereto.

1500-9821A      “Agricultural Uses, Commercial or Industrial”:

        The processing, storage, or sales of any agricultural product and/or the manufacturing, repair,
or sales of agricultural equipment when such commercial or industrial use is not directly related to the
primary use of the land upon which said use is located. This definition shall not limit the occasional
use of a processing, storage, manufacturing, repair, or sales facility for contract commercial or
industrial use when such use is secondary and subordinate to the primary use of the property.



1500-9821B      “Agricultural Manufacturing”:
                                                   215
                                                                     Sutter County Zoning Code


       Any manufacturing use exclusively related to agricultural equipment.

1500-9822       “Airport”:

       Any area designated and/or used for take-off and landing of aircraft, together with structures
and facilities related to such use, and includes facilities for public and private, commercial and
noncommercial aircraft. This definition shall also apply to helicopters and crop dusting operations.

1500-9828       “Alley”:

        A right-of-way dedicated to and accepted by a governmental agency which is less than forty
(40) feet in width and affords a secondary means of access to abutting property.

1500-9830       “Apartment House”:

        Any building or portion thereof which is designed and built for occupancy by three or more
families.

1500-9831       “Animal Husbandry”:

       For the purposes of this zoning ordinance, the raising of farm or game animals such as cattle,
horses, goats, sheep, hogs, chickens, rabbits, birds, etc., as a hobby, school, 4-H or Future Farmers of
America (FFA) project.

1500-9831A      “Area of a Lot”:

       The total area within the property lines of a parcel, excluding any area contained within a
dedicated street or other right-of-way.

1500-9832       “Basement”:

        A space partly or wholly underground and having more than one-half its height, measured
from its floor to its finished ceiling below the average adjoining grade. If the finished floor level
directly above a basement is more than six (6) feet above grade at any point, such basement shall be
considered a story.

1500-9834       “Boarding House”:

        A residence where regular meals and/or living accommodations for three (3) or more persons
(other than members of the resident family) is provided for compensation or profit. This definition
includes lodging houses.

1500-9835       “Building”:

       Any structure having a roof and exceeding 100 square feet of floor area used or intended to be
used for the housing or enclosure of persons, animals, chattels, or property of any kind.

1500-9835A     “Building Coverage”:

       The land area covered by all buildings on a lot, including all projects except eaves.

1500-9835AA “Building Frontage”:


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                                                                     Sutter County Zoning Code

      That portion of a building wall(s) facing the street(s) on which the building is located and
measured parallel to the street.

1500-9835B     “Building Height”:

        The vertical distance measured from the average level of the highest and lowest point of that
portion of the lot covered by the building to the highest point of the roof, ridge or parapet wall.

1500-9835C     “Building Line”:

       See set-back lines.

1500-9835D     “Building Site”:

       The land area within a lot of record occupied by or capable of being covered by all structures
permissible under this Chapter.

1500-9836      “Building Official”:

        The head of the Building Division of the Community Services Department of Sutter County or
his designee.

1500-9838      “Caretaker”:

      An individual or family who maintains a separate residence on a property for the express
purpose of overseeing and/or maintaining the property and its improvements in the owner’s absence.

1500-9839      “Carnivals, Fairs and Festival Events”:

        Events or activities typically conducted outdoors on a temporary basis that are small enough
in nature to fall within the service capabilities of the County of Sutter.

1500-9840      “Commercial Agricultural Processing and Services”:

        The provision of commercial services to other agricultural producers. Services include but
are not limited to: vegetable and fruit packing, sorting, grading and processing; dehydrators; nut
hullers; grain elevators and other uses which, in the opinion of the Planning Commission are similar in
nature. When the processing is only of agricultural products produced on-site, it shall be considered
non-commercial and secondary to the agricultural production.

1500-9843      “Communication Equipment Buildings”:

     Buildings housing electrical and mechanical equipment necessary for the conduct of a public
communications business with or without necessary personnel.

1500-9844      “Community Services Director”:

       The Director of the Community Services Department of Sutter County or his designee.



1500-9844A     “Contractors Yard”:

       A yard used to store functional construction equipment for contractors.
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                                                                    Sutter County Zoning Code


1500-9844B     “Construction and Materials Yard”:

       Yards used to sell or rent construction equipment and materials. All equipment and materials
must be capable of being used in the construction trade. Equipment and material that is not capable of
being used is prohibited.

1500-9845      “Day Care Center”:

       Any child care facility other than a family day care home and includes infant centers,
preschools and extended day care facilities.

1500-9850      “Family”:

        One person living alone, or two or more persons related by blood, marriage, or legal adoption,
or a group not exceeding five unrelated persons living together as a single housekeeping unit. A
family shall also include a foster family home.

1500-9850A     “Feed Yards”:

       Animal feed yards including beef and dairy feedlots, in which cattle, hogs, sheep, goats or
other animals are fed a concentrated ration and little or no grazing is provided.

1500-9851      “Food Cannery”:

       A facility where foods are processed and placed in containers and sealed for preservation.

1500-9852      “Garage, Private”:

       An accessory building or portion of a building, designed and/or used only for the shelter or
storage of vehicles by the occupants of the residence, including covered parking space or carport.

1500-9854      “Garage, Commercial”:

       A building, other than a private garage used for the parking, repair, or servicing of motor
vehicles.

1500-9856      “Garage, Parking”:

       A public garage designed and/or used on a commercial basis for the storage only of vehicles.

1500-9858      “Guest Cottage”:

       An accessory, detached residence without any kitchen facilities designed for and used to
house transient visitors and nonpaying guests of the occupants of the main residence.

1500-9859      “Heavy Equipment Sales”:

        A lot used for the sale of new or used heavy equipment used in the construction profession.
All heavy equipment must be in working order and capable of being used for construction purposes.

1500-9860      “Helicopter Port”:

       Land improved and intended to be used for the landing and taking off of helicopters or vertical
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                                                                      Sutter County Zoning Code

flying aircraft.

1500-9862          “Home Occupation”:

       Any use customarily carried on within a residence by the inhabitants thereof which use is
incidental to the residential use of the residence, and which use:

       (a)     Is confined within the residence and occupies not more than 25 percent of the floor
space thereof. No accessory structure or area outside the residence (including the garage) shall be
used for the conduct of the home occupation.

      (b)     Involves no sales of merchandise other than that produced on the premises or
merchandise directly related to and incidental to the same service offered.

       (c)   Is carried on by the members of the family occupying the residence with no other
person employed.

       (d)      Does not involve the use of material or equipment not recognized as being part of
normal household or hobby uses and requires no structural or mechanical alteration not normal to
residential uses. Does not include the repair of autos, trucks, motorcycles, boats, trailers, and similar
equipment.

        (e)    Does not alter the external appearance of the residence or produce evidence of its
existence beyond the premises (except for nameplates of not more than one square foot), such as
noise, smoke, odors, vibrations, etc.

1500-9864          “Hotel/Motel”:

        A building or portion thereof or a group of attached or detached buildings containing
completely furnished individual guest rooms or suites, occupied on a transient or permanent basis for
compensation in which more than 60 percent of the individual guest rooms and suites are without
kitchens or cooking facilities. This definition shall include motels, motor inns, clubs, and tourist
courts.

1500-9864A         “Hunting Club”:

        A public or private club for the purpose of waterfowl and/or upland game hunting as well as
trap/skeet and sporting clay ranges. Such use may include accessory structures including one
clubhouse per parcel and seasonal use residence units not to exceed the density permitted by the
General Plan and subject to Sections 1500-8014, 1500-8018(e)(2), 1500-8026 and 1500-8030 of this
Chapter.

1500-9865          “Kennel”:

       Any lot, building, structure, enclosure or premises whereon or wherein 5 or more dogs and/or
cats aged 4 months or older are kept.



1500-9865A         Kitchen:

       A kitchen shall be considered any area of a building intended for or designed to be used or
maintained for the cooking and/or preparation of food that includes one or more of the following:
cooking appliance(s); a sink larger that 225 square inches (15”x15”); a refrigerator.
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                                                                       Sutter County Zoning Code


1500-9866       “Large Family Day Care Home”:

        As defined in the State of California Health and Safety Code and subject to licensing
requirements by the Department of Social Services, a home which provides family day care for up to
14 children, the maximum permitted number includes children under the age of 10 years who reside at
the home.

1500-9868       “Lot”:

        A parcel of land of record in the County under one ownership used or capable of being used
under the regulations of this Chapter, and including both the building site and all required yards and
other open spaces as defined herein, and having a frontage of not less than 50 feet on a street as
defined herein which has been accepted by and maintained by Sutter County, the State of California,
or other public agency as a public street. Parcels with an industrial zone designation (M-1, M-2 or ML)
or the Employment Corridor (EC) designation may elect to provide private roads in accordance with
Zoning Code Section 1500-8015A.

1500-9868A      “Lot, Corner”:

       A lot located at the junction of two or more intersecting streets, with a boundary line thereof
bordering on each of such streets.

1500-9868B      “Lot Width”:

        The distance between side lot lines measured at the front yard building line.

1500-9868C      “Lot Area, Net”:

        The area of a lot lying within established parcel lines and exclusive of public rights-of-way.

1500-9868D      “Medical Marijuana Dispensary”

         Any facility or location where medical marijuana is made available to and/or distributed by or
to three or more of the following: a primary caregiver, a qualified patient, or a person with an
identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq.
 A “medical marijuana dispensary” shall not include the following uses, as long as the location of such
uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of
Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of
Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a
residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and
Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division
2 of the Health and Safety Code, as long as any such use complies strictly with applicable law
including, but not limited to, Health and Safety Code Section 11362.5 et seq.

1500-9869       “Mobile home”:

       A structure transportable in one or more sections, designed and equipped to contain not more
than two residence units to be used with or without a foundation system. Mobile home does not
include a recreational vehicle, commercial coach, or factory-built housing, as defined by state law.

1500-9869A      “Mobile home Park”:


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                                                                       Sutter County Zoning Code

         Any area or tract of land where one or more mobile home lots are rented or leased or held out
for rent or lease to accommodate mobile homes used for human habitation, and includes mobile home
accommodation structures.

1500-9869B      “Mobile Home - Primary”:

        A mobile home that is the sole or primary residential unit on a property.

1500-9869C      “Mobile Home - Stored”:

        A mobile home that is disconnected from all utilities. Such units shall be subject to all
provisions of the code and are not eligible for non-conforming use status.

1500-9870       “Nonconforming Building”:

        A building or structure or portion thereof which was lawfully constructed, erected, or
structurally altered but which does not conform to the subsequently enacted development standards
of this Chapter.

1500-9872       “Nonconforming Use”:

        A use which lawfully occupied a building or structure or was conducted upon open land prior
to the effective date of the use regulations in the district in which it is located and with which
regulations it does not comply.

1500-9874       “Ordinary Household Pets”:

        Domesticated animals commonly kept as pets within residential areas, including dogs, cats,
rabbits, hamsters, guinea pigs, rats, mice, as well as small birds, reptiles and amphibians.

1500-9876       “Outdoor Advertising Sign”:

        Any card, cloth, painted glass, wood, plaster, stone or other sign of any kind placed for
outdoor advertising purposes on the ground or any tree, wall, bush, rock, post, fence, building,
structure, or thing whatsoever. The term “placed” as used in the definitions of “outdoor advertising
sign” and “outdoor advertising structure” shall include erecting, constructing, painting, posting,
printing, tacking, taping, nailing, gluing, carving, or otherwise fastening, affixing or making visible in
any manner whatsoever.

1500-9877       “Outdoor Advertising Structure”:

      Any structure of any kind or character erected or maintained for outdoor advertising purposes,
upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.

1500-9878       “Parking Lot”:

       An area of land, a yard or other open space on a lot used for or designated for use by standing
motor vehicles.

1500-9881       “Recreational Vehicle”:

       A camp car, motor home, travel trailer, or tent trailer, with or without motive power, designed
for human habitation for recreational or emergency occupancy.


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                                                                      Sutter County Zoning Code

1500-9881A      “Residence, Group”:

        Two or more detached, one or two family residences, other than a commercial tourist or motor
court, located upon a building site, together with all open spaces as required by this Chapter.

1500-9881B      “Residence, One-Family”:

        A building containing but one kitchen designed and/or used to house not more than one
family, but including all necessary employees of such family.

1500-9881C      “Residence, Two-Family”:

        A building containing not more than two kitchens, designed and/or used to house not more
than two families, living independently of each other, including all necessary employees of such
family.

1500-9881D      “Residence, Multiple-Family”:

        A building designed and/or used to house three or more families, living independently of each
other, including all necessary employees of each such family.

1500-9881E      “Residential Care Facility/Rest Home”:

       A structure or group of structures, operated as a single unit, licensed by the State of California
and providing care or supervision to 7 or more unrelated individuals on a 24-hour basis.

1500-9881EE     “Residential Care Home”:

        A home licensed by the State of California and providing care or supervision to 6 or fewer
unrelated individuals on a 24 hour basis.

1500-9881F      “Residence”:

      One room, or rooms connected together, designed exclusively for living and sleeping
purposes with toilets and facilities for cooking.

1500-9881G      “Sales Lot”:

        A lot used for the sale of new or used automobiles, boats, motorcycle, travel trailers,
recreational vehicles, and commercial trucks and trailers. All vehicles displayed for sale must be
capable of being driven on a public road and must be registered, or capable of being registered,
pursuant to the Department of Motor Vehicles standards for automobile sales.

1500-9881H      “Second Residence”:

       An attached or detached residence designed and/or used as a separate residence from the
main or primary residence containing a separate toilet and kitchen.

1500-9882       “Service Station”:

       A retail business establishment supplying gasoline and oil, and minor accessories and
services for automobiles, not including auto body repair.

1500-9883       “Setback”:
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                                                                      Sutter County Zoning Code


      An area on a lot where no buildings, structures or additions to them may be located, and which
becomes a yard area.

1500-9884       “Set-Back Line”:

         A line established by this or other chapter to govern the placement of buildings with respect to
lot lines and/or existing or future right-of-way lines.

1500-9885       “Servants' Quarters”:

       A secondary residence or apartment without any kitchen facilities designed for and used only
by persons or the families of persons regularly employed on the property.

1500-9885A      “Sign”:

        Any visual device or representation designed or used for communicating a message, or
identifying or attracting attention to a premise, product, service, person, organization, business, or
event.

1500-9885AA     “Sign types”




        (a)     "Address sign" shall mean the numeric reference of a structure or property to a street
location.
        (b)     "Awning sign" shall mean a non-electric sign that it printed on, painted on, or attached
to an awning, canopy, or marquee.
        (c)     "Banner, Flag, Pennant, or Balloon" shall mean any cloth, bunting, plastic, or similar
material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line,
framing, or vehicle, including captive balloons and inflatable signs.
        (d)     "Canopy sign" - See "Awning sign".
        (e)     "Changeable copy sign" shall mean a sign designed to allow the changing of copy
through manual, mechanical means including date, time and temperature. This does not include
electrical message signs with moving letters or symbols.
        (f)     "Civic Event sign" shall mean a temporary sign, other than a commercial sign, posted
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                                                                      Sutter County Zoning Code

to advertise a civic event sponsored by a public agency or similar noncommercial organization.
         (g)     "Developer/Contractor sign" shall mean a temporary sign erected on a parcel on which
construction is taking place, limited to the duration of construction, indicating the name of the project
or development, the names of the architects, engineers, landscape architects, contractors, and similar
artisans, and the owner, financial supporters, sponsors, and similar individuals or firms having a
major role or interest with respect to the structure or project.
         (h)     "Directional sign" shall mean on-site signs limited to directional messages for
pedestrian or vehicle traffic, such as "one-way", "entrance" and "exit", etc.
         (i)     "Directory sign" shall mean a sign listing the tenants or occupants and their suite
numbers of a building or center.
         (j)     "Freestanding sign" shall mean a sign supported on one or more poles, braces,
uprights or similar structural components placed into the ground and not attached to a building.
         (k)     "Monument sign" shall mean a sign, not attached to a building, which is placed upon a
solid appearing base or pedestal extending the length of the sign and not visibly supported by poles,
braces or uprights and not attached to a building.
         (l)     "Nonconforming sign" shall mean a sign which was lawful when it was erected, but
which does not currently conform to this chapter.
         (m)     "Non-viewable sign" shall mean a sign that cannot be seen from a public right-of-way.
         (n)     "Off-site sign" shall mean a sign that advertises or informs in any manner, businesses,
services, goods, persons, or events at a building site or location other than that upon which the sign is
located. Off premise sign, billboard, and outdoor advertising structure are equivalent terms.
         (o)     "On-site sign" shall mean a sign located on the premises of the business or entity
advertised by such sign.
         (p)     "Portable freestanding sign and/or A-frame sign" shall mean a free standing sign that is
designed to be movable and is not attached to the ground, a building, a structure or any other sign.
         (q)     "Projecting sign" shall mean any wall sign affixed to a building wall in such a manner
that its leading edge extends more than 6 inches beyond the surface of such building wall.
         (r)     "Residential Identification sign" shall mean a permanent wall sign not exceeding two
square feet in size which contains only the name of the resident(s) of the residence upon which it is
placed. It may also include the street address.
         (s)     "Roof sign" shall mean a sign erected, constructed or placed upon or extending above
the eave line or roof of the building to which it is attached.
         (t)     "Subdivision/Development sign" shall mean a temporary off-site sign indicating only
the name of the subdivision and directions to its location.
         (u)     "Subdivision Identification sign" shall mean a permanent sign located at the entrance
of a subdivision for the purpose of identifying the subdivision.
         (v)     "Special Event sign" shall mean a temporary sign including but not limited to banners,
flags, pennants, balloons, etc., to promote a new business, the sale of new products, new
management, new hours of operation, a new service, or to promote a special sale.
         (w)     "Suspended signs" shall mean a sign that is suspended from the underside of a
canopy, portico or like structure.
         (x)     "Vehicle sign" shall mean a sign which is attached to, painted on, or carried on a
vehicle, the principal purpose of which is to attract attention to a product or an activity or business.
         (y)     "Wall sign" shall mean a sign painted or fastened to an exterior building wall and which
does not project more than 6 inches from the wall.
         (z)     "Window sign" shall mean any sign painted on, attached to or placed inside a window,
which sign is intended to be seen from the exterior of the building.

1500-9885B      “Small Family Day Care Home”:

        As defined in the State of California Health and Safety Code and subject to licensing
requirements by the Department of Social Services, a home which provides family day care for up to
eight (8) children, the maximum permitted number of which includes children under the age of 10
years who reside at the home.
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                                                                       Sutter County Zoning Code


1500-9885C      “Service and Social Clubs”:

     Local organizations or local branches of national organizations that exist as non-profit
community service groups (e.g., Moose, Kiwanis, etc.).

1500-9886       “Stable, Commercial”:

        A structure, including but not limited to, a corral, barn, or paddock for the keeping of horses or
similar hoofed animals for remuneration, hire, or sale.

1500-9886A      “Stable, Private”:

       A structure, including, but not limited to, a corral, barn or paddock for the keeping of one or
more horses or similar hoofed animals for the use of the occupants of the premises and their guest
and which are not kept for remuneration, hire, or sale.

1500-9887       “Story”:

        That portion of a building included between the upper surface of any floor and the upper
surface of the floor next above, except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling or roof above, if the finished
floor level directly above a basement is more than six feet (6') above grade at any point, such
basement shall be considered a story.

1500-9888       “Street”:

       A right-of-way dedicated to, accepted by and maintained by a governmental agency and which
has a width of forty (40) feet or more and affords a primary means of access to property.

1500-9889       “Structural Alterations”:

        Any change in the supporting members of a building, such as bearing walls, columns, beams
or girders and floor joists or roof rafters.

1500-9889A      “Structure”:

        An edifice or building of any kind, or any piece of work artificially built up or composed of parts
joined together in some definite manner.

1500-9890       “Transitional Housing”:

         Housing for the homeless where shelter is provided for an extended period of time (up to 18
months) and generally includes the opportunity for training and counseling to acquire the needed
skills (such as home management or job training) to assist in the transition to self-sufficiency through
the acquisition of permanent income and housing.

1500-9891       “Truck-tractor”:

        Any commercial vehicle with a gross weight exceeding 14,000 pounds.

1500-9893       “Wrecking Yard”:

        (a)     Any area of more than two hundred (200) square feet, not entirely enclosed by a
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                                                                          Sutter County Zoning Code

building, which is used for the storage, keeping, dismantling, processing, or wrecking of inoperable
vehicles or portions thereof, inoperable machines, scrap metal, discarded tire casings, used lumber,
salvaged building and structural steel materials, or similar materials or equipment; or

        (b)     Any parcel or lot, or contiguous parcels or lots, which is used for the storage or
keeping of more than one (1) inoperable vehicle. Notwithstanding the foregoing, the keeping of
additional inoperable vehicles may be permitted subject to the criteria stated in Section 1500-8018(j). If
such criteria are met, the use shall not be considered a wrecking yard.

        (c)   "Wrecking yard" shall include auto wrecking yards and junk yards, but shall not
include noncommercial use of land which is accessory or incidental to agricultural operation of such
land.

1500-9894       “Yards”:

       Land unoccupied or unobstructed, except for such encroachments as may be permitted by this
Chapter, surrounding a building site.

1500-9894A      “Yard, Front”:

        A yard extending across the full width of the lot from the lot line or the existing or future street
right-of-way line and to a depth required by the district in which said lot is located.

1500-9894B      “Yard, Interior Side”:

        A yard on the interior side(s) of a lot extending from the front lot line to the rear lot line, and to
a width required by the district in which said lot is located.

1500-9894C      “Yard, Rear”:

       A yard extending along the width of the rear lot line, and to a depth required by the district in
which said lot is located.

1500-9894D      “Yard, Street Side”:

        A yard in a corner lot, extending along the width of a street side lot line or the existing or future
right-of-way line, and to a depth required by the district in which said lot is located.

1500-9896       “Zoning Clearance”:

         "Zoning Clearance" shall mean a certificate issued by the Community Services Director or his
authorized representative stating that the activity stated is in compliance with the provisions of the
district in which such activity is to occur.




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