l'1.94.040
ies, unless indicated by dimensions, shall be
ChaPter 17.94
determined by use of the scale appearing on
the map;
ADMINISTRATION AND
ENFORCEMENT
D. In all other cases where any uncertainty exists, the planning commission shall
determine the location of boundaries' (Prior
Sections:
r7.94.010 General plan consistency.
code $ 5.06.020)
r7.94.024 Zone district boundary
interpretation.
17.94.030
17.94.034 Zone district land use
interpretation.
interpretation.
fi.94.A44 Combining
Zone district land use
A.
Where a proposed land use is not
specifically listed by the applicable zone district within which the property proposed
uses.
r7.94.050 Exemption from solar
energy and shade control.
for the use is located, the director of
re-
source management may determine that the
use is a permitted use, or the use is permit-
1794.0ffi Administrative
enforcement.
ted if a use permit is first secured,
following findings are made:
17.94.07A Temporary constructionPublic works.
if
the
1.
fi.94.Arc
The proposed unlisted use is similar
in character and impact to a listed use; and
General plan consistency.
2.
The proposed use will be treated in
the same manner as the listed use including
determining where it is allowed, what permits are required, and what standards affect its establishment.
Where any regulations specified in this
title and any portion of any element of the
general plan are inconsistent, the general
plan shall prevail. (Prior code $ 5.06.010)
17.94.020
B. The decision of the director of re-
Zone district boundary
interpretation.
Where uncertainty exists as to the
boundaries of any district shown on the
zoning maps, the following rules shall applv:
A. Where such boundaries are indicated as approximately following street and
alley lines, such lines shall be construed to
lbllow the center of the street or alley or
along the lot line if the lot line is not also a
street boundary;
B. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it
reverts shall apply to such vacated or abandoned street or alley;
C. For property described by a district
boundary, the locations of such boundar-
source management may be appealed to the
planning commission in accordance with
subsection C of Section 17.94.060. (Prior
code $ 5.06.030)
17.94.040
Combininguses.
More than one permitted use may be
permitted on one lot in any zone district,
provided there is no conflict between the
uses, and
f
urther provided that the applica-
ble zone requirements and county develop-
ment standards are met. Each use must
meet the lot area requirements without using the lot area requirements of another
permit has been
approved. the only uses allowed are those
specifically described by the use permit.
(Prior code { 5.06.040)
use. For lots for which a use
463
Supp. No. 10,7-12
11.94.050
17.94.050
2. Any administrative decision of the
director of resource management regarding
the interpretation of the pror.isions of this
title or any condition of approval imposed
pursuant to this division shall tre made in
writing whenever requested by any person
interested in the interpretation. The written
interpretation shall be delivered personally
or by mail to that person.
Exemption from solar energy
and shade control.
Pursuant to California Public Resources
Code Section 25985, the county declares
itself exempt from the provisions of Chapter 12 (commencing with Section 25980) to
Division l5 of the Public Resources Code
(Solar Shade ControlAct) relating to solar
energy and shade control. (Prior code
$ s.06.060)
3. The director's decision may be appealed to the planning commission within
ten days of the date of delivery or mailing
fi.94.A60 Administrativeenforcement.
A. General Prohibitions. No person
of the decision by filing a written appeal
shall use any real property in violation of
the regulations of this division or of Ordinance No. 378, as amended, that are applicable to the property. The erection, construction, alteration, enlargement, conversion.
movement, maintenance, establishment or
operation of any building, structure, premises or use contrary to the provisions of this
title is unlawlul and a violation of this code.
with the planning department. The appeal
shall specifically set forth the grounds upon
which it is based. The commission shall
hear the appeal and the appellant shall be
given a reasonable opportunity to be heard
and to present evidence at the hearing. The
commission shall render its decision in writing to the director of resource management
and shall concurrently mail a copy of its
decision to the appellant. A public hearing
is not required for any appeal heard under
this subsection. Pendency of an appeal under this subsection shall not affect the filing
of any legal action or pursuit of any other
remedy to enfbrce the provisions of this title
or any condition imposed pursuant to this
title.
D. Violations as an Infraction or Mis-
B. Administrative Limitations. All
county officers, departments and employees vested with the duty or authority to
issue permits, licenses or other entitlement
shall do so subject to the requirements of
this title. No permit, license or other entitlement shall be issued or approved for any
purpose or in any manner which conflicts
with the provisions of this title. Any permit,
license or other entitlement issued in contlict with any provision of this title is null
and void as of the date of issuance or ap-
demeanor.
l.
A violation of any regulatory or prohibitory provision of this title is an infrac-
proval.
C. EnforcementAuthority.
l.
tion, unless any provision of law establishes
the violation as a misdemeanor, or the District Attorney files a complaint charging
the violation as a misdemeanor.
The planning director (or designee)
of
this title. The Shasta County Sheriff (or
is the enforcing officer for the provisions
2. A separate offense is comrnitted lbr
each and every transaction, event or occur-
designee) may also serve concurrently as an
enforcing officer fbr the provisions of this
title with the approval of the Shasta County
Sheriff and the planning director. Nothing
in this provision shall be construed to limit
the authority provided to the Shasta County
Sheriff by state or federal law.
Supp. No. 10,7-12
rence in violation of any regulatory or prohibitory provision of this division. A separate offense is committed for each and every
day or part of a day during which any such
violation is caused, committed, continued
464
17.94.070
public utility projects may be permitted in
arry zofle district if an administrative permit is first obtained as provided in this section.
or permitted. Each offense is
punishable
separately from every other offense. Every
violation of any regulatory or prohibitory
provision of this title is expressly declared
to be a public nuisance.
E,. Enforcement Procedure.
l. Every entbrcing o{Iicer may use administrative processes, such as notices of
noncompliance, warning letters, stop orders or cease and desist orders, in lieu of or
prior to enforcing any provision of this code,
if the oflicer determines that the process
may result in compliance with this code at
less expense to the countY.
2. Pursuant to Penal Code Section l9d
and the provisions of Section 836.5 and
Chapter
5c
B. Definitions. For the purposes
of this
have
terms
and
words
section, the lbllowing
the meaning and usage indicated:
l.
"Temporary construction activities"
means the temporary use
of land for rock
crushing, batch plants, dredging, contractor's yards, materials stockpiles, caretaker's
quarters and other activities related to the
construction, repair or replacement of public works or public utilities"
2. "Emergency" means the dulY Proclaimed existence of conditions of disaster
or of extreme peril to the saf'ety of persons
(commencingwith Section 853.5)
of Title of Part 2 of the Penal Code, every
enforcing officer may cite any person for
violation of this code whenever the olficer
3
and property within the county, including
but not limited to such conditions as fire,
flood, storm, epidemic, drought, sudden
and severe energy shortage, or an earth-
has reasonable cause to believe that the per-
son has caused, committed, continued or
permitted any violation of this code.
F. Right of Entry. In the performance
of their functions, planning agency personnel may enter upon any land and make
examinations and surveys, provided that the
entries, examinations and surveys do not
interfere with the lawful use of the land by
those persons lawfully entitled to the possession thereof.
G. Enforcement Costs. Whenever a judicial action or proceeding is brought to
abate or enioin any violation of this title,
the county may recover in that action or
proceeding all costs and expenses incurred
in detecting, investigating, abating and prosecuting the violation. (Prior code $ 5.06.070)
(Ord. No. 2011-05, $ II, l2-13-2011)
quake.
C. Procedure.
to the findings
required by subsection D of this section
Subject
and the limitations imposed by subsection
E of this section, the provisions of Section
fi .92.A50,governing the issuance of administrative permits under this division, apply
to permits issued pursuant to this section.
D.
Findings Required. No permit shall
be issued pursuant to this section unless the
director of resource management finds that:
L
An emergency exists, as defined in
subsection B of this section; or
2. The public works or public utility
project is necessary for public health, safety
or convenience and that no land properly
zoned and physically suitable for the pro-
any other provision of this code, temporary
posed construction activities is located
within a reasonable distance of the project
or the nature of the project requires the
construction activities to occur at or near
construction activities for public works and
the pro.iect site.
17.94.07A TemporaryconstructionPublic works.
A.
Perrnit Required. Notwithstanding
465
Supp. No. 10,7-12
17.94.070
E.
Limitations.
shall be issued pursuant
to this section if the director of resource
management finds that the proposed construction activities can be reasonably accomrnodated at the project site on land owned,
leased or possessed by the public agency or
public utility proposing or engaged in the
project.
2. No permit shall be issued pursuant
to this section unless conditions are imposed upon the permit, including but not
limited to the deposit of adequate security
to insure that each site at which the temporary construction activities occurs will be
returned, as reasonably as possible, to natural conditions as they existed at the site
prior to commencement of the construction activities.
3. Every permit issued pursuant to this
section expires one year after the date of its
approval or at such earlier time as the director of resource management may determine at the time of approval. However, second and subsequent permits may be issued
lbr the same construction activities if the
director of resource management makes a
finding, in addition to those findings required for the issuance of the first permil,
that the nature of the project requiring the
ternporary construction activites precludes
completion of the project within the life of
the permit or that circumstances beyond
the control of the public agency or public
utility engaged in the project have prevented completion of the project within the
life of the permit. (Ord. 494-341 $ 2, 1989)
1. No permit
Supp. No. 10,7-12
466