Chapter 19.24 DISTRICT REGULATIONS

Chapter 19.24
DISTRICT REGULATIONS

Sections:

19.24.010 U districts--Designated.

19.24.015 U districts--County approvals restricted.

19.24.020 U districts--Use regulations.

19.24.030 X district regulations.

19.24.035 TPZ district--Use regulations.

19.24.036 AG district--Use regulations.

19.24.038 PD district--Regulations and procedures.

19.24.039 MR district--Use regulations.

19.24.040 District regulations--Generally.

19.24.041 -B combining district.

19.24.043 LM light manufacturing district.

19.24.044 MM medium manufacturing district.

19.24.045 R1-A district--Single-family residential agricultural district.

19.24.046 -DR design review combining district.

19.24.047 -VR vehicle restriction combining district.

19.24.048 O-S open space district.

19.24.049 Scenic highway corridor overlay district.

19.24.010 U districts--Designated.

All the unincorporated territory of the county which is not included under the terms of this title in any other district is designated and classified as constituting a U district. (Ord. 351 §8, 1962).

19.24.015 U districts--County approvals restricted.

No building permit, sanitation permit, use permit or grading permit, other than those consistent with R-1 district and A, agricultural district, as defined in this title, and no tentative subdivision map or any other county approval shall be issued on any parcel zoned U, unclassified, if the initial application for such permit, map or other county approval was not filed with the appropriate county office on or before

November 12, 1980. Notwithstanding the foregoing, any application for any permit or map prohibited by this section may be processed simultaneously with the processing of the rezoning of the parcel. (Ord. 741 §2, 1981).

19.24.020 U districts--Use regulations.

A. Uses permitted in a U district include all uses not otherwise prohibited by law, except as provided in subsections B and C of this section. All uses shall be subject to the provisions of Chapters 19.32, 19.36 and 19.48.

B. Uses permitted subject to securing a use permit include:

1. Distillation of bones;

2. Drilling for and/or removal of oil or gas;

3. Community dump disposal, incineration or reduction of garbage, sewage, dead animals or refuse;

4. Fat rendering, hog farms, frog farms, labor camps (for labor not used on the premises), mink farms;

5. Commercial junkyards or wrecking yards;

6. Manufacture or storage by manufacturers or wholesale distributors of acid, cement, explosives, fireworks, fertilizer, gas, glue, gypsum, inflammable fluids or gases;

7. Refining, manufacturing or wholesale distribution of petroleum or its products;

8. Smelting of copper, iron, tin, zinc and other ores;

9. Stockyards and slaughterhouses;

10. Tanneries, turkey farms, poultry ranches, dairies;

11. Industrial uses which might be objectionable by reason of production or emission of noise, offensive odor, smoke, dust, bright lights, vibration or involving the handling of explosives or dangerous materials.

C. Uses permitted in community areas as shown on the zoning index map and development plan include: All uses not otherwise prohibited by law may be permitted in community areas; provided, however, that the following uses may be established only upon securing a use permit therefor:

1. All uses listed in subsection B above;

2. Mobile home parks;

3. Taverns;

4. Dancehalls;

5. Recreation vehicle parks;

6. Transmission substations.

D. Yards Required, Building Height Limit, Building Site Area or Width Required. No requirement unless stipulated in any use permit.

E. Minimum Setback from Roads Required. Twenty-five feet, unless a greater setback is shown on any sectional map as a building line established as set forth in Chapter 19.44. (Ord. 773 §§10, 11, 1981; Ord. 358 §3, 1963; Ord. 351 §10.1, 1962).

19.24.030 X district regulations.

A. Uses permitted include all uses not otherwise prohibited by law, subject to securing a use permit as specified in this title; provided, however, that agricultural uses as defined in this title, shall not be subject to a use permit.

B. Building Site Area Required. Six thousand square feet;

C. Building Site Width Required. Sixty feet at the front setback line;

D. Minimum Front Setback Required. Twenty-five feet, but in no case shall the front setback be less than fifty feet from the centerline of any street, highway or road;

E. Side and rear yard setbacks, building height, and lot coverage shall be as specified in the use permit. (Ord. 351 §10.2, 1962).

19.24.035 TPZ district--Use regulations.

A. Purpose. The following regulations apply only to those lands subject to the Forest Taxation Reform Act of 1976.

For the protection of timberland and in order to prevent encroachment upon it by incompatible uses of land, and for the general welfare of the county as a whole, there is established a timberland preserve zone (TPZ) district within which compatible uses shall be encouraged to the exclusion of such other uses of land as may be in conflict therewith. This zone will serve to qualify lands so designated as TPZ pursuant to the Z’Berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976 or other such legislative statutes or constitutional authorization as may develop for defining or establishing a timberland preserve.

B. Uses. The following uses are allowed by right without special use permit or variances:

1. Growing and harvesting of timber including Christmas trees;

2. Management for watershed;

3. Management for fish and wildlife habitat or hunting and fishing;

4. Uses integrally related to growing, harvesting, and processing of forest products, including but not limited to road, log landings, and log storage areas;

5. The erection, construction, alteration, or maintenance of gas, electric, water or communication transmission facilities;

6. Grazing, including corrals, fencing and loading chutes;

7. One single-family residence per TPZ district zoned pursuant to Section 51112 of the Government Code.

The following uses may be allowed only after obtaining a use permit therefor from the Amador County planning commission in accordance with Chapter 19.56; provided, that a finding is made by the planning commission that the proposed use is fully compatible with the objectives of the Forest Taxation Reform Act of 1976 and timberland preserve zoning:

1. Growing and harvesting of nursery stock for restocking commercial forest lands and nursery stock grown primarily for retail trade;

2. Mineral resources removal and processing other than for road building when incidental to and in conjunction with timber production and harvesting;

3. Permanent structure for the processing and packaging of agricultural and timber projects and the necessary support facilities required therefor;

4. Gas and oil wells and/or exploration therefor;

5. Helispots and their accessory uses and structures;

6. One commercial mobile unit to be located on the same property as the construction project, to be used exclusively as an office for contractors engaged in construction projects, but only during the course of the project;

7. Maintenance and repair facilities for trucks and equipment used in the management and harvesting of timber of the landowner;

8. Single-family residences, not to exceed four residences on a single ownership; provided, that the density does not exceed one single-family residence per forty acres;

9. Such additional uses which in the opinion of the planning commission are compatible with the production and harvesting of timber. Comments shall be solicited from the agricultural advisory committee.

C. Additional TPZ Regulations. Additional TPZ regulations include the following:

1. The term of TPZ shall be ten years initially. One year shall be added each anniversary date subject to provisions of Government Code Sections 51114 and 51120.

2. No parcel may be divided into parcels less than one hundred sixty acres or one quarter section except as otherwise provided in Government Code Section 51119.5.

3. Building and construction setback shall be a minimum of twenty-five feet from all property lines and/or public roads.

4. After final action has been taken or rezoning to or from TPZ, a notice of timberland preserve zone status shall be filed together with a map and legal description of the property so zoned, in the office of the county recorder by the clerk of the board of supervisors.

D. Criteria for Land to be Zoned TPZ Pursuant to Government Code Section 51113. The following criteria shall be met by land requested by the landowner to be included in TPZ after November 1, 1977:

1. A map shall be prepared showing the legal description of the property desired to be zoned TPZ.

2. A plan for forest management must be prepared or approved as to content for the property by a registered professional forester. Such plan shall provide for the eventual harvest of timber, including trees, within a reasonable period of time as determined by the preparer of the plan.

3. The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner shall sign an agreement with the board of supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently zoned TPZ and such stocking standards and forest practice rules are not met within this time period, the county may initiate rezoning from TPZ pursuant to Government Code Section 51121.

4. The land area requested for TPZ shall be comprised of a single parcel containing no less than forty acres or one quarter quarter section.

5. The land requested for TPZ shall be of site quality Classes I through V for pine-mixed conifers regions.

6. The land area requested for TPZ shall be in the ownership of one person as defined in Section 38106 of the Revenue and Taxation Code, or may be in the ownership of more than one person; providing such owners submit a joint timber management plan prepared or approved as to content by a registered professional forester, and such owners enter into a binding contract with the board of supervisors to manage and harvest timber on the timberland jointly, and are bound by the provisions of such management plan for a minimum period of ten years. (Ord. 585 §2, 1977).

19.24.036 AG district--Use regulations.¹

A. AG zoning shall be applied to those lands designated by the board as agricultural preserves and subject to contracts under the provisions of the California Land Conservation Act. Rezoning to AG district shall be initiated only at the request of the landowner.

B. AG zoning shall run concurrently with the California Land Conservation Act contract. Upon termination or expiration of the contract, subject property shall automatically be deemed to be zoned X special use district unless zoning to another district has been approved by the board.

C. Request for rezoning to AG district shall be accompanied by the required fee as set by board resolution.

D. No property shall be rezoned to AG district unless the following requirements are met:

1. a. No parcel less than forty acres shall be zoned AG except that contiguous parcels under common ownership totaling forty acres or more may be zoned AG if said parcels are merged into an assessor’s parcel. Said parcels shall be considered as one parcel for purposes of subdivision under the State Subdivision Map Act and Title 17 of this code.

b. A parcel comprised of less than forty acres may be zoned AG despite the forty-acre minimum for AG parcels set forth in paragraph a; provided, that a variance is first obtained pursuant to Chapter 19.52 of this code; provided, however, that in addition to the requirements of that chapter, the board must find that special circumstances have caused the size of the parcel to be less than forty acres, that the parcel substantially complies with the forty-acre minimum set forth herein, and that the owner thereof or his predecessor in interest did not, within three years preceding the application for rezoning, voluntarily reduce the size of the parcel below the forty-acre minimum. The foregoing notwithstanding, no parcel of less than forty acres shall under any circumstances be zoned AG unless it is contiguous to a parcel zoned AG, which parcel is subject to a California Land Conservation Act contract and which has a size of forty acres or more.

2. Parcels to be zoned AG containing one hundred sixty acres or more shall indicate a potential ability to produce an annual gross income from agriculture of not less than two thousand dollars, o r shall have permanent agricultural improvements thereon with a value of not less than ten thousand dollars. The amounts set forth in this subdivision shall be adjusted for inflation each year beginning January 1, 1981, in accordance with any increase or decrease in the Consumer Price Index for Northern California published by the United States Department of Labor or any other appropriate index or combination of indices selected by the board, which amounts shall be rounded to the nearest hundred dollars.

3. Property less than one hundred sixty acres but not less than one hundred acres shall meet both of the criteria listed in subdivision D2.

4. Property less than one hundred acres but at least forty acres or qualifying pursuant to Paragraph D1b shall meet the criteria listed in subdivision D2 and additionally shall demonstrate unique characteristics of an agricultural industry.

5. Property less than one hundred sixty acres may be considered to satisfy requirements of subdivisions D1through D4 if the property is a portion of and contiguous to the adjacent tract under the same ownership which is within an agricultural preserve in an adjoining county and which, when considered as a whole, would meet the appropriate requirements.

6. A parcel may be found to meet the income requirements set forth in subdivisions D1 through D4 if the owner of the parcel demonstrates to the satisfaction of the board than the owner has planted at the time of this application for rezoning to AG, or that he shall plant during the calendar year following his application for rezoning to AG, crop-bearing trees or vines or other slowly maturing crops, or that he has made or will make agricultural improvements which shall ensure that there will be, within five years from the date of the rezoning to AG, annual agricultural income from the parcel in the minimum amount set forth in this section. Any California Land Conservation Act contract entered into on the basis of this subdivision shall contain a provision that, in the event such income is not produced within such period, the board may terminate the contract at it sole discretion, which termination shall require the immediate payment to the county of any property taxes saved by the property owner and/or his predecessor in interest resulting from the formation of the contract. The board may for good cause extend the five-year period if the board finds that such income level may be reached in such extended period.

E. No property zoned AG and under California Land Conservation Act contract shall be approved for division under the provisions of the State Subdivision Map Act and Title 17 of this code or have boundary line adjustments approved therefor unless a finding is made by the board of supervisors after recommendations from the agricultural advisory committee that each parcel to be created by the proposed division satisfies the requirements for AG zoning as set forth in subsection D hereof or the provisions of either subdivision 1 or 2 hereof.

1. A finding is made by the board of supervisors after recommendations from the agricultural advisory committee that the parcel to be created by the proposed division is for the purpose of providing security for financing on a parcel already encumbered by an existing security instrument of record and is for a second dwelling, or a farm improvement to be utilized in conjunction with the agricultural use of the property, including but not limited to, barns, wineries, dairies, food processing plants, or other uses of a similar nature. Such parcel shall be five acres in size.

a. A tentative and parcel map shall be required for divisions of land allowed by subsection E1 of this section. Land divisions approved for the purpose of financing shall be restricted to the land uses and immediate members of the owner’s family as permitted under subdivision 9 of subsection G of this section. Parcel maps shall contain a notation which states the following: "This land division is for the purposes of financing only and any parcel hereby created shall be merged or reverted to acreage with the remainder upon satisfaction of the indebtedness."

b. Prior to the filing of the parcel map with the board of supervisors, the financial instrument shall be reviewed and approved by the county counsel. The financial instrument shall contain a reversionary clause which merges the parcel with the remainder parcel upon satisfaction of the indebtedness. The financial instrument shall be restricted to a loan from a federally or state-chartered bank, savings and loan association or credit union, or a state-regulated mortgage company.

2. The board of supervisors, after hearing recommendations from the agricultural advisory committee shall make all of the following findings before any subdivision or boundary line adjustment is approved pursuant to subsection E2 of this section.

a. Definitions:

i. "Original parcel" means the real property before the proposed subdivision, which property may consist of one or more contiguous parcels under one ownership and under one Land Conservation Act Contract.

ii. "Remainder parcel" means the largest individual parcel remaining after the subdivision of the original parcel.

iii. "New parcel" or "new parcels" means the parcel or parcels other than the remainder parcel remaining after the subdivision of the original parcel.

iv. "Resulting parcels" means all the parcels after the subdivision, i.e., the remainder parcel and the new parcel or new parcels, which together had comprised the original parcel.

v. "Landowner" means the owner of the original parcel.

vi. "Subdivision" as used in subsection E2 of this section means subdivisions, land divisions, and boundary line adjustments.

vii. "Immediate family" means the spouse, natural, step or adopted children, parents, grandchildren or the siblings of the landowner.

b. The subdivision shall meet the goal of the providing of residential parcels for immediate family members of the landowner while continuing the agricultural use of the resulting parcels.

c. The remainder parcel shall meet all county qualifications set forth in the contract and the AG district regulations.

d. All the resulting parcels shall remain subject to the same contract as the original parcel. Any notice of nonrenewal of the contract shall be filed by all of the owners of all of the resulting parcels.

e. The number of resulting parcels shall conform to the maximum density limitations set forth in the general plan for the area and subsection D hereof. No new parcel may be less than five acres in size and is permitted only if the remainder parcel meets said subsection D requirements. If one new parcel is created, the remainder parcel shall be no less than seventy-five acres. One additional new parcel may be created for every additional forty acres in the remainder parcel.

f. All of the resulting parcels shall be subject to one written agreement for joint agricultural management as one agricultural unit. The written agreement for joint agricultural management shall have been reviewed and approved by the board of supervisors and shall have been recorded in the office of the Amador County recorder as a covenant running with the land. Said written agreement shall be between the landowner and the immediate family members who take title to any resulting parcel after the subdivision. The written agreement shall require that the land which is subject to the contract, which shall include all of the resulting parcels shall be operated under the joint agricultural management of the parties subject to the terms and conditions and for the duration of the contract. The resulting parcels jointly managed under one agreement and one contract shall total at least forty acres in size multiplied by the number of resulting parcels (e.g., one new five-acre parcel requires a seventy-five acre remainder parcel).

g. The landowner or his/her immediate family shall have owned the original parcel for at least ten years prior to the application for the subdivision.

h. New parcels shall be located where they are not disruptive to the agricultural use of the remainder parcel.

i. The landowner may transfer title and the right to occupy the resulting parcels only to members of his/her immediate family.

j. A member of the immediately family who is the transferee of the landowner or successor transferee shall not voluntarily sell, lease, or rent any new parcel or improvement thereon while the land is subject to the contract except to a member of the immediate family of the transferee.

k. This section E2 hereof shall not authorize a subdivision of land subject to a contract when any of the following has occurred:

i. The Amador County Local Agency Formation Commission has approved the annexation of any part of the original parcel to a city and the city will not succeed to the contract as provided in Government Code 51243 and 51243.5.

ii. Written notice of nonrenewal of the contract has been served upon the county.

iii. The board of supervisors has granted tentative approval for cancellation of the contract as provided in Government Code 51282.

F. The agricultural advisory committee shall be composed of at least the following members and shall make recommendations on applications for AG zoning, proposed divisions of AG zoned property, and other agricultural matters to the decision-making bodies of the county:

1. County assessor;

2. County farm advisory;

3. County agricultural commissioner;

4. Five persons in various agricultural pursuits, one from each supervisorial district to be appointed by the board of supervisors; and

5. One member of the county planning commission. Any member designated pursuant to subsection F4 of this section (agricultural members) who fails to attend two consecutive committee meetings without cause as determined by the planning department shall be deemed to have voluntarily resigned said position and upon said resignation the board may thereupon designate another person to fill the vacancy created thereby.

G. The following agricultural and compatible uses are permitted in AG districts without a use permit being required:

1. General farming, including but not limited to the raising, growing, and harvesting of vegetable, field, forage, vine, bush, berry, tree, or other plant crop including plant nursery stock;

2. Grazing, maintaining, breeding, training, and raising of poultry and livestock of all kinds including horses, cattle, sheep, goats, hogs, and agricultural species such as fish and fur-bearing species provided there is no feeding of refuse, garbage, sewage, or offal;

3. Nurseries, greenhouses, mushroom rooms, floriculture;

4. Boarding of horses or other farm animals;

5. Growing and harvesting of timber, Christmas trees, or other plants;

6. Dairies and production of dairy products from milk produced on the premises;

7. Poultry farms;

8. Raising, feeding, maintaining, breeding, and slaughtering of livestock, chickens, turkeys, rabbits, pigeons, ducks, geese, fish, frogs, and small animals or fowl in household numbers for family use;

9. Single-family dwellings and appurtenant structures allowed in R districts and such other structures normally associated with agricultural activities, including but not limited to barns, stables, sheds, and silos; provided, however, that only one single-family residence shall be allowed for each forty acres on any parcel or contiguous parcels subject to one California Land Conservation Act contract. One said single-family dwelling on any parcel or contiguous parcels under one such contract may be an occupied mobile home as defined in Title 19 of this code provided, a use permit is obtained as required by Section 19.48.080. All structures or dwellings on a parcel or contiguous parcels subject to one such contract shall be directly used for the furtherance of the agricultural use of said property; and shall be limited to immediate members of the owner’s family and his employees;

10. Home occupations, including any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof;

11. Wells, water storage, and reservoirs, including on-site excavation or removal of materials for construction thereof;

12. Storage of petroleum products for use by the occupants of the premises;

13. Veterinary clinics and services, animal hospitals, kennels;

15. Harvesting, curing, processing, packaging, packing, selling, and shipping of agricultural products on a parcel devoted to agricultural use and the treating of products grown or raised on and off the premises where such activity is carried on in conjunction with or as part of an agricultural use; excepting therefrom the commercial slaughtering of livestock, small animals, fish, poultry, or fowl;

16. Holding of nonproducing land for future agricultural use;

17. Maintenance of land in its natural state for the purpose of preserving open space for recreation or the creation of plant or animal preserves;

18. Apiaries and honey extraction plants;

19. Nonintensive recreation when carried on as a clearly secondary activity in conjunction with a bona fide agricultural operation, including but not limited to fishing, hiking, hunting, rifle and pistol practice range, skeet field, archery range, or gun club when such activities do not involve the construction of any permanent structure;

20. Sale of food products produced on the premises;

21. Feed lots and feedyards, provided there is no feeding of refuse, garbage, sewage, or offal;

22. Airport or aircraft landing facilities for use of owner or tenant of the property or for agricultural service use;

23. The following uses when carried on as a clearly secondary occupation in conjunction with a bona fide agricultural operation, where no more than ten percent of the total land is used and where no more than three persons other than the owner are employed in such activities, and which are owned and operated by the owner or occupant of the premises:

a. Manufacturing, maintenance, repair, servicing, storage, sale or rental of agricultural machinery, implements and equipment of all kind,

b. Storage or sale of farm supplies of all kinds, including but not limited to fertilizers, agricultural minerals, and pesticides,

c. Transportation of agricultural products, supplies, or equipment, together with the maintenance, storage, repair and servicing of the necessary trucks and equipment therefor;

24. Public utility and public services, structures, uses and buildings provided such uses are clearly secondary and in conjunction with a bona fide agricultural operation;

25. Commercial radio, television, or microwave antennas and transmitters;

26. Gas, electric, water, and communication utility facilities and public service facilities of like nature operated by a public agency or mutual water company;

27. Public highways;

28. Fire protection works and facilities; flood-control works, including channel rectification and alteration; public works required for fish and wildlife enhancement and preservation; improvements for the primary benefit of the lands within the preserve; state improvements for which the site or route has been specified by the state legislature in such a manner as to make it impossible to avoid the use of subject AG zoned property;

29. Livestock auctions and sales yards;

30. Any structure, building, equipment, or use incidental and necessary to any of the foregoing uses;

31. Fruit and nut dehydrating plants;

32. a. On parcels enrolled in a California Land Conservation Act contract prior to June 25, 2024, wineries as defined in Section 19.08.687, farm breweries as defined in Section 19.08.245, and the following incidental uses subject to providing off-street parking and meeting all necessary clearances from the health and building departments. Additionally, wineries and farm breweries located on private roads shall have entered into a road maintenance agreement with a majority of the owners of the road, or obtained a use permit pursuant to Chapter 19.56 of this code before commencing any of the following uses:

i. Wine and beer tasting;

ii. Winery and farm brewery tours;

iii. Wholesale and retail sales of beer, wine and grape products;

iv. Events:

(A) Compensated or noncompensated events with up to one hundred twenty-five persons in attendance with no limitation on the number of events per year;

(B) Compensated or noncompensated events for up to and including four hundred fifty persons up to and including twelve events per year with no more than four such events per month;

v. Picnic area(s) for winery- and brewery-related activities;

vi. Art galleries with sales and framing;

vii. A food preparation facility for catering on-premises indoor or outdoor functions;

viii. Agricultural-related museums;

ix. Gift display not to exceed a total of five hundred square feet in interior footprint area for the retail sale of winery- and brewery-related promotional items, gift items, and/or prepackaged foods;

x. Outdoor amplified sound until ten p.m.

b. Incidental Uses for Wineries and Farm Breweries on Parcels Enrolled in a California Land Conservation Act Contract After July 09, 2024. Wineries as defined in Section 19.08.687, and farm breweries as defined in Section 19.08.245, and the following incidental uses when located within an A-T or A-G General Plan designation, subject to providing off-street parking and meeting all necessary clearances from the fire, health, and building departments. Additionally, wineries and farm breweries located on private roads shall have entered into a road maintenance agreement with a majority of the owners of the road, or obtain a use permit pursuant to Chapter 19.56 of this code before commencing any of the following incidental uses:

i. Allowed incidental uses:

(A) Winery and farm brewery tours;

(B) Wholesale and retail sales of beer, wine, and grape products;

(D) Art galleries with sales and framing;

(E) A food preparation facility for catering on-premises indoor or outdoor functions;

(F) Agricultural-related museums;

(G) Gift display area not to exceed a total of five hundred square feet in interior footprint area for the retail sale of winery- and brewery-related promotional items, gift items, and/or prepackaged foods;

(H) Outdoor amplified sound until ten p.m.;

(I) Tasting rooms and event gatherings subject to the setback and preferred road location limitations provided in subsection (G)(32)(b)(ii) of this section.

ii. Additional Incidental Use Limitations Based on Setbacks and Preferred Road Locations. The following setback and preferred road location requirements apply to tasting rooms and other event structures. The setbacks also apply to events taking place on the property, whether in a structure or not. Event gatherings comprise "wine or beer club events," "social events," and "special events" (as defined in subsection (G)(32)(b)(ii)(A) of this section) as well as any similar group events that are a nuisance pursuant to Chapter 9.44 of this code. Events do not include winery or farm brewery tours that do not have the attributes of a wine or beer club, social event, or special event. Production facilities and other structures that will not be used for wine or beer tasting or events are not subject to these additional setback and preferred road location regulations.

(A) For the purposes of this section, the terms below are defined as follows:

"Preferred roads" are state routes, Latrobe Road, Lower Ridge Road, Shenandoah Road, Shenandoah School Road, Steiner Road, and Willow Creek Road.

"Setback" means the horizontal distance between an event use area and the nearest property boundary which separates the event use area from property not owned or controlled by the winery or farm brewery owner or operator.

"Social events" are compensated or noncompensated catered social gatherings, dinners, and small weddings under one hundred twenty-five attendees.

"Special events" are compensated or noncompensated events held on site that are not considered to be tasting or marketing activities allowed under subsection (G)(32)(b) of this section, such as charitable, promotional, facility rental events, weddings, concerts, parties, or other social gatherings with more than one hundred twenty-five attendees.

"Wine and beer club events" are gatherings, special tastings, and dinners used to market a winery’s or farm brewery’s products.

(B) Wineries and farm breweries with a minimum setback of less than two hundred feet for all indoor and outdoor event use areas, or not accessed from a preferred road, are allowed the following base uses:

(1) Operating a tasting room seven days/week between the hours of ten a.m. and six p.m.;

(2) Participation in Amador Vintners Association (or successor) events;

(3) Wine and beer club events: twelve per year with up to two hundred attendees per day;

(4) Social events: six per year with up to sixty attendees per day.

(C) Wineries and farm breweries that meet a minimum setback of two hundred feet for all indoor and outdoor event use areas, and are accessed from a preferred road, are allowed the uses in subsections (G)(32)(b)(ii)(B)(1) through (G)(32)(b)(ii)(B)(4) of this section, and the following additional uses:

(1) Social events: twelve per year with up to two hundred attendees per day.

(D) Wineries and farm breweries that meet a minimum setback of four hundred feet for all indoor and outdoor event use areas, and are accessed from a preferred road, are allowed the uses in subsections (G)(32)(b)(ii)(B)(1) through (G)(32)(b)(ii)(B)(4) of this section, and the following additional uses:

(1) Social events: total twelve per year with up to two hundred fifty attendees per day;

(2) Special events: total twelve per year with up to three hundred people per day.

c. Additional Restrictions Applicable to All Wineries and Farm Breweries.

i. The fire code official may require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.

ii. Event capacities shall be limited further by the parking accommodations on the property. All parking shall be on site. Parking shall not encroach on roadways and shall not impede access, including emergency vehicle access.

iii. Parking areas shall be set back a minimum of fifty feet from any existing residence not on property owned by the winery or farm brewery operator. Idling vehicles shall maintain a one-hundred-foot clearance from any existing residence not on property owned by the winery or farm brewery operator.

iv. Wineries and farm breweries located on private roads shall have entered into a road maintenance agreement with a majority of the owners of the road or shall obtain a use permit pursuant to Chapter 19.56 of this code before commencing any of the permitted incidental uses.

v. All permitted uses specified in this subsection shall be subject to providing off-street parking and meeting all necessary clearances from the fire, health, and building departments.

H. Duplicate Tasting Rooms. Wine tasting may be conducted under a duplicate Type-02 winegrower license only if the winery with the master Type-02 license is located in Amador County, and the following standards are met:

1. On parcels enrolled in a California Land Conservation Act contract prior to July 9, 2024, uses described in this subsection may be granted by the planning department, without public hearing, following public notice of the application.

a. A bona fide agricultural operation must be the primary use on the property;

b. The parcel shall be a minimum of forty acres in size;

c. The applicant shall provide the planning department with copies of their bond from the Alcohol and Tobacco Tax and Trade Bureau and their California Alcohol Beverage Control license. These licenses and bonds shall be maintained in full compliance at all times;

d. Tasting rooms located on private roadways shall have entered into a road maintenance agreement with a majority of the owners of the road; or in the event a road maintenance agreement already exists, the applicant shall provide the county with proof they have renegotiated the terms of the agreement to include the new tasting room. If the majority of the owners of the road do not enter into the new or renegotiated agreement, the applicant must obtain a use permit pursuant to Chapter 19.56 of this code before commencing any of the uses allowed by this section;

e. The tasting room building shall be located a minimum of fifty feet from all property lines;

f. The primary use of the tasting room shall be the marketing and sale of wine produced in Amador County. Additional allowed uses are as follows:

i. Compensated or noncompensated events with up to one hundred twenty-five persons in attendance with no limitation on the number of events per year;

ii. Picnic area(s) for wine tasting-related activities;

iii. Art galleries with sales and framing;

iv. A food preparation facility for catering on-premises indoor or outdoor functions;

v. Agricultural-related museums;

vi. Gift display area not to exceed a total of five hundred square feet in interior footprint area for the retail sale of wine-related promotional items, gift items, and/or prepackaged foods;

vii. Social gatherings or weddings for up to and including four hundred fifty persons up to and including twelve events per year with no more than four such events per month;

viii. Indoor or outdoor amplified sound until ten p.m.;

g. The applicant must obtain all applicable permits from the environmental health department, building department, and department of transportation and public works;

h. Public notice of such application shall be given in the manner described in Chapter 19.56 of this code, Use Permits. Such notice shall indicate the intent of the planning department to grant the use permit without a hearing unless sufficient reasons are provided not to grant the use permit. A description of the appeals process (Chapter 19.64 of this code) shall be contained within the notice. The planning department shall decide upon the use permit application within ten days after the notice is mailed. If the planning department finds sufficient cause to approve the application and the application meets the standards outlined in this subsection, the planning department shall approve the use permit and the use permit shall become valid following the ten-day appeal period if no appeals are filed.

2. On parcels enrolled in a California Land Conservation Act contract after July 9, 2024, duplicate tasting rooms and events shall be regulated by subsections (G)(32)(b) and (G)(32)(c) of this section.

I. The following uses are permitted in AG districts upon obtaining a use permit as provided for in Chapter 19.56 of this code:

1. Turkey farms, provided there is a cover crop or other dust control;

2. Any garbage, sewage, refuse, or offal feeding;

3. Commercial small animal and fowl specialty farms, including but not limited to chinchillas, minks, foxes, rodents, aviaries, rabbits, frogs, pigeons, ducks, and geese;

4. Commercial slaughterhouses and stockyards for livestock, small animals, poultry, and fowl;

5. Rendering plants and fertilizer plants;

6. Commercial recreation, dude ranches, and boarding and guest facilities when carried on as a clearly secondary use in conjunction with a primary agricultural use;

7. Oil and gas wells, including the drilling and installation, and use of such equipment, structures, and facilities as are necessary or convenient for oil-drilling and oil-producing operations customarily required or incidental to usual oil field practice, including but not limited to the initial separation of oil, gas, and water and for the storage, handling, recycling, and transportation of such oil, gas, and water to and from the premises; provided such activities are carried on as a clearly secondary activity in conjunction with a bona fide agricultural operation;

8. Development of natural resources including mines, open pits for extraction of minerals, borrow pits, and quarries, with necessary buildings, apparatus, or appurtenances thereto; provided such activities are carried on as a clearly secondary activity in conjunction with a bona fide agricultural operation;

9. Any use determined by the planning commission after recommendations by the agricultural advisory committee to be compatible with the purposes of the California Land Conservation Act and which do not significantly adversely affect agricultural operations;

10. Any structure, building, use, or equipment incidental and necessary to any of the above uses, located on the same site, and included in the use permit;

11. Farm-labor camps and farm-labor quarters as defined in this title;

12. Social gatherings or weddings at winery facilities which exceed either of the limits set forth in subsection (G)(32)(j) of this section. (Ord. 1851 §3, 2024; Ord. 1849 §§2, 3, 2024; Ord. 1708 §3, 2011; Ord. 1320 §§3,4, 1993; Ord. 1262 §§1--6, 1991; Ord. 1208 §2, 1989; Ord. 1139 §§3, 4, 1987; Ord. 934 §3, 1983; Ord. 883 §3, 1982: Ord. 773 §12, 1981; Ord. 743 §1, 1981; Ord. 600 §2, 1977).

19.24.038 PD district--Regulations and procedures.²

A. The purpose of the PD district is to provide procedures for the consideration and regulation of areas suitable for proposed comprehensive development with detailed development plans and of those areas that require special planning to provide for appropriate planned development in harmony with their natural features and other environmental consideration.

B. Application for the establishment of a PD district shall be made by the written request of all owners of property to be included in the PD district. Application shall be submitted to the county planning department and shall be accompanied by a one-hundred-dollar nonrefundable fee.

C. Application for the establishment of a PD district shall include the following:

1. Both a request for the zone change to PD and for a use permit for all proposed developments, in which case the use permit application shall be considered concurrently with the rezoning request; or

2. Both a request for the zone change to PD and a master plan of proposed development, in which case the master plan shall be considered concurrently with the rezoning request.

D. In addition to the requirements of Chapters 19.68 and 19.56 for zoning and use permit applications, the following data shall be submitted for PD zoning and use permit or master plan applications:

1. Topographic map showing natural features of site and adjacent property, and location of proposed facilities and roads;

2. Description of existing site, including vegetation, wildlife, natural features, and present services, access, and land use;

3. Description of clearing, grading, excavating, filling, and other land alterations to be performed;

4. Description of proposed uses and structures, landscaping, fencing, services, and other facilities;

5. Other information required by the planning department or planning commission, including but not limited to detailed construction, improvement, utility, and drainage plans and other data as is deemed necessary to adequately consider the proposed development.

E. For each application for a PD district, public hearings shall be held by the planning commission and board of supervisors as stated in Chapter 19.68.

F. Upon approval by the board of supervisors of a PD district, and a master plan, subsequent proposals for unit construction shall require a use permit application as stated in Chapter 19.56. No use permit may be approved by the planning commission unless the commission finds that the proposed use is in conformance with the approved master plan.

G. Uses permitted in PD districts may include residential, commercial, industrial, recreational, and combinations thereof, provided that the commission makes all of the following findings:

1. That the proposed uses are so designed as to result in an appropriate overall development consistent with the purposes of PD zoning;

2. That the site is physically suited for the proposed uses;

3. That the proposed uses do not significantly detract from the natural and scenic values of the site;

4. That adequate services are available for the proposed uses, including but not limited to water supply, sewage disposal, roads, and utilities.

H. The decisionmaking body may attach such conditions to the use permit as are deemed necessary to insure compliance with the intent and purpose of PD zoning, including but not limited to height, area, lot and setback requirements; design standards; access, road and revegetation/landscaping requirements; dedications and use restrictions. (Ord. 609 §2, 1977).

19.24.039 MR district--Use regulations.³

A. The purposes of the MR district are:

1. To provide a proper zoning designation for the extraction, protection, production and preservation of mineral resources;

2. To provide for adequate protection and regulation of mining and related industries for the long-term welfare of the county;

3. To provide for the continued utilization and conservation of minerals;

4. To help provide control of surface mining in order to protect the environment, public health, safety, welfare, and value of property sufficiently close to surface mining operations to be affected thereby; and

5. To establish uses for MR land other than extraction of minerals thereon.

B. Nothing contained in this section shall be construed as eliminating or conflicting with other portions of the county code, and other zoning districts allowing uses also allowed in MR districts shall not be affected by the enactment of this section.

C. The following uses not otherwise prohibited by law and subject to other county, state, and federal laws and regulations are permitted in MR districts provided a use permit is first obtained according to the provisions of Chapter 19.56:

1. Mining, quarrying, excavating, concentrating, exploring, drilling, milling, processing, and stockpiling of rock, sand, gravel, decomposed granite, lignite, coal, clay, gypsum, limestone, metallic ores, nonmetallic ores, excluding water, hydrocarbons, and similar materials, and the reclamation of resultant excavations with inert materials in accordance with recognized standards and requirements of public agencies responsible for public health, fire, safety, and the protection of water resources;

2. Exploring, drilling, storing, and transporting of gas, oil, and other hydrocarbons;

3. Using wells, pumps, compressors, condensate separators, pipelines, field storage tanks, refineries, and their related facilities necessary to production and transportation of oil, gas, and other hydrocarbons and their products;.

4. Constructing and using rock-crushing plants, aggregate washing, screening and drying facilities and equipment, and concrete batching plants;

5. Constructing and using ore reduction plants and plants for processing and manufacturing of mineral related products;

6. Retail and wholesale distributing of materials produced on the site.

D. 1. Prior to the commencement of the development of mineral resources, and after said development is completed, and simultaneously with said development, all uses allowed in X special use districts without securing a use permit therefor shall be allowed in MR mineral resources districts without the securing of a use permit therefor, and all other uses allowed in X special use districts upon the securing of a use permit shall be allowed in MR mineral resources districts upon the obtaining of a use permit therefor; provided, however, that all uses shall be consistent with the general plan classification in which the property is located.

2. Extraction of minerals or prospecting for minerals shall be allowed in MR mineral resources districts without securing a use permit therefor if the extraction or prospecting causes the removal or moving of overburden and minerals in an amount of less than one thousand cubic yards in any one location of one acre or less.

3. The following accessory uses may be allowed in conjunction with the uses set forth in subsection C of this section; provided, that said accessory uses shall be specified in the use permit:

a. Garaging and/or parking of trucks and equipment in present use in the operation;

b. Storage of materials and machinery in present use in the operation;

c. Scales and weighing equipment;

d. Offices and maintenance shop structures;

e. Residences for caretakers or watchpersons and their families; provided, that there shall be no more than one residence per forty acres or one residence per preexisting parcel of forty acres.

E. Size and yard requirements are as follows:

1. Minimum parcel size for property to be zoned MR is five acres.

2. Minimum size of new parcels created in MR districts shall be the parcel size designated by the Amador County general plan for the area in which each said district is located and requirements of Title 14 of this code and regulations of the Amador County health department, provided that in no case shall parcels be created less than five acres.

F. Reclamation of mined areas shall be accomplished in accordance with the State Surface Mining and Reclamation Act of 1975 and Chapter 7.36 of this code.

G. No property shall be rezoned to a MR mineral resources district unless the owner thereof requests such zoning. If the surface rights and the right to extract subsurface minerals are owned by different persons, both the owner of the surface rights and the owner of the right to extract subsurface minerals must agree in writing to inclusion in the MR mineral resources district before an ordinance may be adopted amending the zoning designation for that parcel to MR mineral resources district.

H. Only those lands on which prospecting reports, geologic reports or other sources provide assurance that the quantity and quality of one or more of the minerals listed in subsection C1 of this section will justify mining shall be considered for MR mineral resources district zoning designation.

I. Whenever any use permit for a mining operation is requested for property which has been designated MR mineral resources district, the planning commission or the board of supervisors, whichever is the decisionmaking body, before it approves such a use permit shall identify all potential adverse and beneficial impacts of the mining operation on persons and property in the immediate area of the mining operation, and impose conditions thereon mitigating and/or reducing any said adverse impact or otherwise considering said impacts as required by the California Environmental Quality Acts. (Ord. 1308 §1, 1992; Ord. 726 §2, 1980).

19.24.040 District regulations--Generally.

See following pages.

District	Subject to the provisions of Chapter 19.48, none but the following uses, or uses which in the opinion of the planning commission are similar in nature, will be allowed.	Use Permit Required	Building Site					Yards Required				Building Height Limit in ft.	Lot Area Per Residential Unit (Sq. Ft.)
			Area (Sq. Ft.)		Width in ft. Minimum	Depth in ft. Minimum	Percent Coverage	Front in ft.	Rear in ft.	Side
			Interior Lot	Corner Lot	Width in ft. Minimum	Depth in ft. Minimum	Percent Coverage	Front in ft.	Rear in ft.	Interior in ft.	Corner in ft.
R-1	1. Single-family dwellings 2. Home occupations 3. Guest houses, servants’ quarters 4. Crop and tree farming	NO	6,000	6,500	60	90	35	25	15	5	10	30	6,000
R-2	1. Two-, three- and four-family dwellings 2. Rooming and boarding houses, accommodating not more than three guests	NO	6,000	6,500	60	90	50					35	1,500
R-3	1. Multiple-family dwellings 2. Dwelling groups	NO	7,000	7,500	7O	90	50					35	1,000
RE and R-2A	1. One-family dwellings 2. Home occupations, providing there shall be no external evidence of any home occupation excepting nameplate not exceeding one square foot in area 3. Accessory buildings and accessory uses including servant quarters and noncommercial guest houses 4. The building site area in all RE districts shall contain not less than five acres and the front, side and rear yard required shall comply with the requirements for R-1 districts within the county 5. The building site area in all R-2A districts shall contain not less than two acres and the front, side and rear yard required shall comply with the requirements for R-1 districts within the county
C-1	1. Retail, office and business and personal service uses, conducted within a building, and mini-warehouses. Emergency shelters and transitional/supportive housing.	NO	5,000	5,000	50	90	90	10	0	0	0	45	*
		NO					90	10	Except 5' if abuts any R district		0	45
	2. Service stations 3. Drive-in uses, including theaters 4. Outdoor areas, nurseries, boat docks and boat repairs 5. Single-family dwelling when combined in the same structure as a commercial use	YES					AS SPECIFIED IN THE USE PERMIT
C-2	1. Wholesale, service and storage uses, conducted within a building 2. Retail outlets and offices incidental and accessory to above uses 3. Service stations, repair garages 4. Business offices	NO					90	10	0	0	0	45
		NO					90	10	Except 5' if abuts any R district uses		0	45
	5. All uses allowed in C-1 district, Sections 3 and 4 6. Lumber and building materials yards 7. Sale, rental, repair and storage of new or used autos, trucks, trailers, boats, buses, construction and farm equipment 8. Nurseries, garden supplies 9. Veterinary hospital or clinic	YES					AS SPECIFIED IN THE USE PERMIT
M	1. All uses allowed in C-2 districts 2. Service stations, repair garages 3. Manufacture, assembly, repair, processing, storage and shipping of vegetable and mineral products, not including hydrocarbons, and excepting those uses listed in 4 through 13 below	NO	5,000		50	90	80	20	0	0	0	45	*
		NO	5,000		50	90	80	20	Except 5' if abuts any R district		0	45	*
	4. Mining and quarrying, excavation of earth and minerals 5. Distillation of bones; fat rendering; dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse 6. Drilling for and removal of oil and natural gas 7. Junk yards, wrecking yards 8. Commercial hog raising 9. Manufacture of acids, explosives, fertilizer, gas, glue, gypsum, inflammable fluids or gases 10. Refining of petroleum and petroleum products; tank farms 11. Ore smelting 12. Stockyards, slaughterhouses, tanneries 13. Other uses which might be objectionable by reason of production or emission of noise, offensive odor, smoke, dust, bright light, vibration, radiation, or which involve the handling of explosives or dangerous materials 14. Temporary labor camps	YES	10,000		AS SPECIFIED IN THE USE PERMIT								*
A	1. Single-family dwelling 2. General farming, including but not limited to the raising, growing and harvesting of vegetable, field, orchard, bush and berry crops; vineyards; trees 3. Nurseries, greenhouses; mushroom rooms; floriculture	NO	10 acres - or more, as designated on the sectional district zoning map; e.g., A-15 designates a 15-acre minimum; A-20 designates a 20-acre minimum		400	400	*	20	15	5	10	*	2 acres
A (cont)	4. Pasture for grazing (including supplemental feeding), raising, maintaining, breeding and training of horses, cattle, sheep and goats, hogs and similar livestock, provided there is no feeding of garbage, sewage, refuse or offal 5. Feed lots, feed yards, provided there is no feeding of refuse, garbage, sewage or offal 6. Poultry farms 7. Dairies 8. The raising, feeding, maintaining, breeding and slaughtering of livestock, chickens, turkeys, rabbits, pigeons, ducks, geese, fish, frogs and small animals or fowl in household numbers for family use 9. Wells, water storage and reservoirs, including on-site excavation or removal of materials for construction thereof 10. Storage of petroleum products for use by the occupants of the premises 11. Any structure, building, equipment or use incidental and necessary to any of the foregoing uses 12. Wineries as defined in Section 19.08.687 shall be permitted within an A-T or A-G General Plan designation, subject to the following provisions: A. Wineries Which Existed Prior to July 9, 2024. (1) Wineries which existed and met the criteria of the winery definition in Section 19.08.687 prior to July 9, 2024, shall be allowed the following incidental uses and structures regardless of whether the incidental use or structure existed prior to July 9, 2024: i. Wine tasting; ii. Winery tours; iii. Wholesale and retail sales of wine and grape products; iv. Events. a. Compensated or noncompensated events with up to one hundred twenty-five persons in attendance with no limitation on number of events per year; b. Compensated or noncompensated events with up to and including four hundred fifty persons up to and including twelve events per year with no more than four such events per month; v. Picnic area(s) for winery-related activities; vi. Art galleries with sales and framing; vii. A food preparation facility for catering on-premises indoor or outdoor functions; viii. Agricultural-related museums;





								(6)	50	50	50
									15	5	10

A (cont)	ix. Gift display area not to exceed a total of five hundred square feet in interior footprint area for the retail sale of winery-related promotional items, gift items, and/or prepackaged foods; x. Outdoor amplified sound until ten p.m. B. Incidental Uses for Wineries Established on or After July 9, 2024. Wineries which were established after and/or did not meet the criteria of the winery definition in Section 19.08.687 prior to July 9, 2024, shall be subject to the following: (1) Allowed Incidental Uses. i. Winery tours; ii. Wholesale and retail sales of wine and grape products; iii. Picnic areas for winery-related activities; iv. Art galleries with sales and framing; v. A food preparation facility for catering on-premises indoor or outdoor functions, vi. Agricultural-related museums; vii. Gift display area not to exceed a total of five hundred square feet in interior footprint area for the retail sale of winery-related promotional items, gift items, and/or prepackaged foods; viii. Outdoor amplified sound until ten p.m.; ix. Tasting rooms and event gatherings subject to the setback limitations provided in subsection (12)(B)(2) of this section. (2) Additional Incidental Use Limitations Based on Setbacks and Preferred Road Locations. The following setback and preferred road location requirements apply to the tasting rooms and other event structures. The setbacks also apply to the events taking place on the property, whether in a structure or not. Events comprise "special events," "social events," and "wine club events" as defined in subsection (12)(B)(2)(i) of this section, as well as any similar group events that are a nuisance pursuant to Chapter 9.44 of this code. Events do not include winery tours that do not have the attributes of a wine club, social event, or special event. Production facilities and other structures that will not be used for wine tasting or events are not subject to these additional setback and preferred road location regulations.
A (cont)	i. For the purposes of this section, the terms below are defined as follows: "Preferred roads" are state routes, Latrobe Road, Lower Ridge Road, Shenandoah Road, Shenandoah School Road, Steiner Road, and Willow Creek Road. "Setback" means the horizontal distance between an event use area and the nearest property boundary which separates the event use area from property not owned or controlled by the winery owner or operator. "Social events" are compensated or noncompensated catered social gatherings, dinners, and small weddings under one hundred twenty-five attendees. "Special events" are compensated or noncompensated events held on site that are not considered to be tasting or marketing activities allowed under subsections (12)(B) and (C) of this section, such as charitable, promotional, facility rental events, weddings, concerts, parties, or other social gatherings with more than one hundred twenty-five attendees. "Wine club events" are gatherings, special tastings, and dinners used to market a winery’s product. ii. Wineries with a minimum setback of less than two hundred feet for all indoor and outdoor event use areas, or are not accessed from a preferred road, are allowed the following base uses: 1. Operating a tasting room seven days/week between the hours of ten a.m. to six p.m; 2. Participation in Amador Vintners Association (or successor) events; 3. Wine club events: twelve per year with up to two hundred attendees per day; 4. Social events: six per year with up to sixty attendees per day. iii. Wineries that meet a minimum setback of two hundred feet for all indoor and outdoor event use areas, and are accessed from a preferred road, are allowed the uses in subsection (12)(B)(2)(ii)(1) through (4) of this section, and the following additional uses: 1. Social events: total twelve per year with up to two hundred attendees per day.
A (cont)	iv. Wineries that meet a minimum setback of four hundred feet for all indoor and outdoor event use areas, and are accessed from a preferred road, are allowed the uses in subsection (12)(B)(2)(ii)(1) through (4) of this section, and the following additional uses: 1. Social events: total twelve per year with up to two hundred fifty attendees per day; 2. Special events: total twelve per year with up to three hundred people per day. C. Additional Restrictions Applicable to All Wineries. 1. The fire code official may require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. 2. Event capacities shall be limited further by the parking accommodations on the property. All parking shall be on site. Parking shall not encroach on roadways and shall not impede access, including emergency vehicle access. 3. Parking areas shall be set back a minimum of fifty feet from any existing residence not on property owned by the winery operator. Idling vehicles shall maintain a one-hundred-foot clearance from any existing residence not on property owned by the winery operator. 4. Wineries located on private roads shall have entered into a road maintenance agreement with a majority of the owners of the road or shall obtain a use permit pursuant to Chapter 19.56 of this code before commencing any of the permitted incidental uses. 5. All permitted uses specified in this subsection 12 shall be subject to providing off-street parking and meeting all necessary clearances from the fire, health, and building departments.
A (cont)	13. Farm-labor camps, forestry-labor camps and farm-labor quarters as defined in this title 14. Recreation uses 15. Processing, packaging, selling, shipping of agricultural products	YES	2 Acres	100	200	AS SPECIFIED IN THE USE PERMIT
			20,000	100	200
	16. Veterinary clinics, animal hospitals, kennels 17. Auction and sales yards		10,000	75	75
			20,000	100	200
	18. Turkey farms, provided there is a cover crop or other dust control 19. Any garbage, sewage; refuse or offal feeding	YES	10 acres		AS SPECIFIED IN THE USE PERMIT
	20. Commercial small animal and fowl specialty farms, including but not limited to chinchillas, minks, foxes, rodent, aviaries, rabbits, frogs, pigeons, ducks, geese 21. Commercial slaughterhouses and stockyards for livestock, small animals, poultry and fowl		2 acres		100	200	AS SPECIFIED IN THE USE PERMIT
	22. Rendering plants, fertilizer plants and yards 23. Oil and gas wells, drilling, mining and excavation of natural minerals 24. Logging and timber cutting 25. Any structure, building, use or equipment incidental and necessary to any of the above uses, located on the same site, and included in the use permit 26. Social gatherings or weddings held at a winery located within an A-I or A-G General Plan designation which exceed either of the limits set forth in 12a.(j) above. 27. A. Duplicate Tasting Rooms for Which a Valid ABC Type-02 Winegrower License Was Issued on or Prior to July 9, 2024. a. The parcel shall be a minimum of ten acres in size; b. The applicant shall provide the planning department with copies of their bond from the Alcohol and Tobacco Tax and Trade Bureau and their California Alcohol Beverage Control license. These licenses and bonds shall be maintained in full compliance at all times;		10 acres		AS SPECIFIED IN THE USE PERMIT
A (cont)	c. Tasting rooms located on private roadways shall have entered into a road maintenance agreement with a majority of the owners of the road; or in the event a road maintenance agreement already exists, the applicant shall provide the county with proof they have renegotiated the terms of the agreement to include the new tasting room. If the majority of the owners of the road do not enter into the new or renegotiated agreement, the applicant must obtain a use permit pursuant to Chapter 19.56 of this code before commencing any of the uses allowed by this section; d. The tasting room building shall be located a minimum of fifty feet from all property lines; e. The primary use of the tasting room shall be the marketing and sale of wine produced in Amador County. Additional allowed uses are as follows: i. Compensated or noncompensated events with up to one hundred twenty-five persons in attendance with no limitation on the number of events per year; ii. Picnic area(s) for wine tasting-related activities; iii. Art galleries with sales and framing; iv. A food preparation facility for catering on-premises indoor or outdoor functions; v. Agricultural-related museums; vi. Gift display area not to exceed a total of five hundred square feet in interior footprint area for the retail sale of wine-related promotional items, gift items, and/or prepackaged foods; vii. Social gatherings or weddings for up to and including four hundred fifty persons up to and including twelve events per year with no more than four such events per month; viii. Indoor or outdoor amplified music until ten p.m.; f. The applicant must obtain all applicable permits from the environmental health department, building department, and department of transportation and public works;
A (cont)	g. Uses described in this subsection 27 may be granted by the planning department, without public hearing, following public notice of the application. Public notice of such application shall be given in the manner described in Chapter 19.56 of this code, Use Permits. Such notice shall indicate the intent of the planning department to grant the use permit without a hearing unless sufficient reasons are provided not to grant the use permit. A description of the appeals process (Chapter 19.64 of this code) shall be contained within the notice. The planning department shall decide upon the use permit application within ten days after the notice is mailed. If the planning department finds sufficient cause to approve the application and the application meets standards outlined in this subsection, the planning department shall approve the use permit and the use permit shall become valid following the ten-day appeal period if no appeals are filed. B. Duplicate tasting rooms for which a valid Type-02 winegrower license was issued after July 9, 2024, shall be regulated by subsections (12)(B) through (12)(C) of this section.
H	1. Hotels, motels, auto courts, resorts 2. Retail and service uses accessory and incidental to above uses 3. Service stations 4. Commercial recreation 5. Outdoor advertising signs and structures, not appurtenant to any use on the premises, and approved in accordance with Section 19.32.010(1)	YES	10,000		AS SPECIFIED IN USE PERMIT			20	20	10	10	35	*
T1	Subject to provisions of Section 19.48.080: 1. Recreational vehicle parks 2. Public and private campgrounds	YES	10,000	10,000	50	100	50	25	15	5	10	25	2,500
T2	Subject to provisions of Section 19.48.080: 1. Mobilehome parks 2. Public and private campgrounds	YES	5 acres		200	500	*	50	50	50	50	25	4,000
	* No requirement

(Ord. 1849 §§4, 5, 2024; Ord. 1739 §2(part), 2014; Ord. 1708 §4, 2011; Ord. 1679 §§2, 3, 4, 2008; Ord. 1647 §§2, 3, 4, 2006; Ord. 1469 §3, 1998; Ord. 1320 §§5, 6, 1993; Ord. 1309 §2, 1992; Ord. 1139 §§5, 6, 1987; Ord. 910 §3, 1982: Ord. 908 §3, 1982; Ord. 867 §§2 and 3, 1982; Ord. 844 §§3, 4, 1981: Ord. 773 §13, 1981; Ord. 752 §1, 1981; Ord. 476 §1, 1972; Ord. 456 §1, 1971; Ord. 421 §§2, 3, 4, 1969; Ord. 409 §1, 1968; Ord. 388 §§1, 2, 1967; Ord. 358 §4, 1963: Ord. 351 §§10.31--10.130, 1962)

19.24.041 -B combining district.

A. Purpose and Application. The purpose of the -B combining district is to combine the district with any other zone district in Title 19 (Zoning) of the Amador County Code when deemed necessary to: (a) further limit the allowable building site size minimum that is specified in the zone district to which the -B district is being combined; (b) limit further land divisions until a specific constraint is removed; and/or (c) allow lot size averaging where appropriate. Where the requirements of this section impose stricter limitations than those in the district with which the -B district is combined, then the regulations in this district shall control. This district is to be applied in accordance with Chapter 19.68 of this title.

B. Uses Permitted. All uses permitted in the district with which the -B district is combined.

C. Building Site Regulations:

-B-1: 10,000 square foot parcel size minimum

-B-2: 20,000 square foot parcel size minimum

-B-3: 40,000 square foot parcel size minimum

-B-5: No further divisions of land are allowed due to a density averaging or clustering project having been approved which has utilized all the allowable general plan population density and/or building intensity on the project zoned -B-5 for either a multiple-family complex building permit, a use permit (e.g., mobilehome park) or a Parcel/Final Map. Parcels zoned -B-5 cannot be rezoned without a concurrent general plan amendment to a higher density general plan map classification. Lot size averaging shall only be allowed for projects demonstrating that lot size averaging is appropriate for reasons including, but not limited to preserving agricultural land, protecting the environment, providing affordable housing, terrain considerations, and economic considerations.

-B-6: No further divisions of land are allowed due to an identified, substandard development constraint resulting from access, road improvement, water quantity/quality, sewage disposal or fire protection problems prohibiting further divisions until the identified constraint(s) is eliminated. (Ord. 1309 §3, 1992).

19.24.043 LM light manufacturing district.

A. Intention--Applicability. This district classification is intended to be applied to areas suited to normal operations of light industrial land uses, subject to such regulations as are necessary to protect the public health, safety, convenience and general welfare within the district and adjacent districts. All uses require an approved use permit from the county to ensure maximum public review of proposed projects. It is intended that a use permit be processed concurrently with a petition to rezone to the LM zone district. In the event a use is not established within a reasonable time, the county should adopt a resolution of intention to rezone the property in question to an appropriate zone district.

B. Limitations--Conditions. All activities allowed in the LM district shall be subject to the following limitations of their external effects and such limitations shall be a condition of all uses permitted in the district:

1. Objectionable noise or vibration created by or resulting directly or indirectly from any industrial machinery or process shall not be discernible at the lot boundaries.

2. Objectionable odors, glare of heat created by or resulting directly or indirectly from any use shall not be perceptible at any point beyond the lot boundaries.

3. Discharges into the atmosphere of air contaminants including, but not limited to, sulphur compounds, nitrogen compounds, smoke, dust, soot, noxious acids, fumes, particulate matter, or other emissions shall meet the standards and requirements of the local air pollution control district.

4. Water supply, sewage disposal, drainage, solid waste disposal, encroachments, and advertising structures shall conform to the applicable codes and standards of the county.

C. Uses Permitted. There are no land uses permitted without an approved use permit from the county.

D. Uses Permitted Subject to First Securing An Approved Use Permit. Light manufacturing uses which, in the opinion of county planning commission or board of supervisors, would be appropriate, compatible with the area, and consistent with the Amador County general plan and subject to such conditions and environmental impact restrictions, as the county may deem necessary to impose in the discretionary issuance of a use permit. All manufacturing uses shall be conducted within a building. Outside storage of material related to the manufacturing use may be permitted if shown to be clearly subordinate and incidental to the activity within the building and can be done so in a manner that is found by the county not to be unreasonably offensive to surrounding property owners or to the general public. The type of land uses which could be considered are those that may be more intensive than allowed in the C districts. However, the property may not be suitable for the uses allowed in the M or MM districts and therefore could be found compatible with adjacent residential or commercial zone districts.

E. Parking. For required parking for specified uses, see Section 19.36.010. Parking requirements for those uses with an approved use permit shall be determined in the use permit process.

F. Minimum Parcel Size. Minimum parcel size shall be determined on an individual case-by-case basis through the building permit, use permit, sanitation permit, zoning administration and land division review process. Future usability for other uses on the parcel shall be a consideration.

G. Front, Rear and Side Yard Setbacks. There shall be no front, side or rear yard setback requirements except where:

1. Otherwise required in this code;

2. As specified in a conditionally approved use permit;

3. The adjoining lot(s) is zoned residentially, in which case the abutting front, side or rear yard setback requirement shall be a minimum seventy-five feet from the property line;

4. Structures or use of land on all lots shall be reviewed by the county director of public works for sight-distance safety.

H. Height Restrictions. The height limitations shall be thirty-five feet except as otherwise provided in this code or in an approved use permit.

I. Percent Coverage. No more than eighty percent of the lot may be covered by permanent structures. (Ord. 985 §7, 1984; Ord. 776 §2, 1981).

19.24.044 MM medium manufacturing district.

A. Intent-Applicability. This district classification is intended to be applied to areas suited to normal operations of medium industrial land uses, subject to such regulations as are necessary to protect the public health, safety, convenience, and general welfare within the district and adjacent districts. The permitted land uses are similar in nature to those permitted in the C districts. The land uses allowed with an approved use permit are those uses normally allowed within the M manufacturing district which, in the opinion of the county planning commission, would be compatible with existing and probable land uses on surrounding properties.

B. Limitations--Conditions. All activities allowed in the MM district shall be subject to the following limitations of their external effects and such limitations shall be a condition of all uses permitted in the district:

1. Objectionable noise or vibration created by or resulting directly or indirectly from any industrial machinery or process shall not be discernible at the lot boundaries.

2. Objectionable odors, glare or heat created by or resulting directly or indirectly from any use shall not be perceptible at any point beyond the lot boundaries.

4. Water supply, sewage disposal, drainage, solid waste disposal, encroachments, and advertising structures shall conform to the applicable codes and standards of Amador County.

C. Uses Permitted.

1. Retail sales, offices, businesses and personal or professional service uses, conducted within a building;

2. Wholesale and storage uses conducted within a building.

D. Uses Permitted Subject to First Securing an Approved Use Permit.

1. Outdoor retail-wholesale sales yard;

2. Special district, private or public utility, and school district facilities;

3. Contractors yards, lumber yards, heavy equipment storage, truck terminal and logging-operation support yards;

4. Light wood-processing and manufacturing plants;

5. Light manufacturing of chemicals, beverages, electronics, crafted items, leather goods, fuels, building materials, and other products of a similar nature, and conducted within a building or screened and enclosed area;

6. Other uses which, in the opinion of the county planning commission or board of supervisors, would be appropriate, compatible, within the area, and consistent with the Amador County general plan and subject to such conditions and environmental impact restrictions as the county may deem necessary to impose in the discretionary issuance of a use permit.

E. Parking. For required parking for permitted uses, see Section 19.36.010. Parking requirements for those uses requiring an approved use permit shall be determined in the use permit process.

G. Front, Rear and Side Yard Setbacks. There shall be no front, side or rear yard setback requirements except where:

1. Otherwise required in this code;

2. As specified in a conditionally approved use permit;

3. The adjoining lot(s) is zoned residentially, in which case the abutting front, side or rear yard setback requirement shall be a minimum seventy-five feet from the property line;

4. Structures or use of land on all lots shall be reviewed by the county director of public works for sight-distance safety.

H. Height Restrictions. The height limitations shall be thirty-five feet except as otherwise provided in this code or in an approved use permit.

I. Percent Coverage. No more than eighty percent of the lot may be covered by permanent structures. (Ord. 1679 §5, 2008; Ord. 1647 §5, 2006; Ord. 777 §2, 1981).

19.24.045 R1-A District--Single-family residential-agricultural district.

A. Intent--Applicability. This district classification is intended to be applied to areas presently zoned as U, unclassified district, and suited to residential and agricultural land uses, subject to such regulations as necessary to protect the public health, safety, convenience, and general welfare within the district and adjacent districts.

B. Limitations--Conditions. All activities allowed in the R1-A district shall be subject to the following limitations of their external effects and such limitations shall be a condition of all uses permitted in the district: water supply, sewage disposal, drainage, encroachments, and structures shall conform to the applicable codes and standards of Amador County.

C. Uses Permitted.

1. Single-family dwelling;

2. Home occupations as defined by Section 19.08.335;

3. Crop and tree farming;

4. General farming, including but not limited to the raising, growing, and harvesting of vegetable, field orchard, bush, and berry crops; vineyards; silviculture;

5. Wholesale operation of nurseries; greenhouses; mushroom rooms; floriculture; and uses of a similar nature;

6. Pasture for grazing (including supplemental feeding), raising, maintaining, breeding, and training of horses, cattle, sheep, goats, hogs, and similar livestock, provided there is no feeding of garbage, sewage, refuse, or offal, and subject to any limitations in number of animals in Chapter 19.48 of this code, General Provisions and Exceptions;

7. Feed lots, feed yards, provided there is no feeding of refuse, garbage, sewage, or offal;

8. Poultry farms;

9. Dairies;

10. The raising, feeding, maintaining, breeding, and slaughtering of livestock, chickens, turkeys, rabbits, pigeons, ducks, geese, fish, frogs, and small animals or fowl;

11. Processing, packing, selling, shipping of agricultural products not done on an on-site retail sales basis; wells, water storage and reservoirs, including on-site excavation or removal of materials for construction thereof;

12. Storage of petroleum products for use by the occupants of the premises;

13. Any structure, building, equipment, or use incidental and necessary to any of the foregoing uses.

D. Uses Permitted Subject to First Securing an Approved Use Permit.

1. Farm and forestry labor camps;

2. Recreation uses;

3. a. Processing, packing, selling, shipping of agricultural products for on-site retail purposes. This includes but is not limited to tasting rooms in conjunction with an on-site winery as defined in Section 19.08.687.

b. Wine tasting rooms operated subject to a duplicate 02 license from the California Department of Alcoholic Beverage Control may also be permitted subject to at least meeting the standards outlined in Section 19.24.040, District regulations--Generally, subsections (12)(B) through (12)(C) of the "A" agricultural zone district;

4. Veterinary clinics, animal hospitals, kennels, commercial stabling of horses for public recreation purposes;

5. Auction and sales yards;

6. Turkey farms, provided there is a cover crop or other dust control;

7. Any garbage, sewage, refuse, or offal feeding;

8. Commercial slaughterhouses and stockyards for livestock, small animals, poultry, and fowl;

9. Rendering plants, fertilizer plants and yards;

10. Oil and gas wells, drilling, mining, and excavation of natural minerals;

11. Any structure, building, use, or equipment incidental and necessary to any of the above uses, located on the same site, and included in the use permit.

E. Front, Rear, and Side Yard Setbacks. Minimum structural setbacks from public roads are required to be twenty-five feet from the front property line, unless a greater setback is shown on any sectional map as a building line established as set forth in Chapter 19.44 of this code.

But, in no case shall the front yard setback be less than fifty feet from the centerline of any street, highway, or road. The rear setback for structures shall be fifteen feet and the side lot line setbacks for structures shall be five feet for interior lot lines and ten feet for corner lot lines.

All yard setbacks are subject to the regulations contained in Chapter 19.48 of this code, General Provisions and Exceptions.

F. Building Height Limit. The building height limit shall be thirty-five feet, except as otherwise indicated in an approved use permit and Chapter 19.48 of this code, General Provisions and Exceptions.

G. Minimum Parcel Size Required. In conjunction with the population density maximums allowed in the various general plan, land use element classifications, all future divisions of land in the R1-A zone district shall have the below listed parcel size minimums based upon the general plan classification in which the R1-A district is located. Notwithstanding these parcel size minimums, the number of parcels created by the division of land shall not exceed the population density maximum specified in the general plan classification:

General Plan Classification	Minimum Parcel Size
R-S, Residential-Suburban	One acre with public water and five acres with well and septic tank
R-L, Residential-Low Density	Six thousand square feet
R-M, Residential-Medium Density	Six thousand square feet
U-A, Urban Area	Six thousand square feet
L-S, Local Service Center	Six thousand square feet
S-P, Special Planning	Six thousand square feet
SP-I, Special Planning-Interim	Six thousand square feet
A-T, Agricultural-Transition	Five acres
A-E, Agricultural-Estates	As specified on the land use element map of the general plan
A-I, Agricultural-Intensive	Twenty acres
A-G, Agricultural-General	Forty acres
A-U, Agricultural-Upland	Forty acres
A-M, Agricultural-Marginal	Forty acres
O-WS, Open-Watershed	Forty acres
G-F, General Forest	Forty acres
W-P, Water Project	Forty acres

H. Building Site Depth and Width Required. The building site depth minimum shall be ninety feet and the building site width minimum shall be sixty feet at the front yard setback building line. In no case shall the average depth of the building site exceed three times the average width of the building site unless a variance is first obtained.

I. Building Site Percent Coverage Required. No more than thirty-five percent of the lot may be covered by permanent structures except as otherwise indicated in an approved use permit. (Ord. 1849 §6, 2024; Ord. 1800 §3, 2020; Ord. 1708 §5, 2011; Ord. 1041 §§2, 3, 1985; Ord. 849 §2, 1982).

19.24.046 -DR design review combining district.

A. Intent--Applicability--Purpose.

1. It is the purpose of this district to provide controls and safeguards to preserve and enhance areas of historical, civic or cultural value to the county. Recognizing that Amador County is endowed with such areas and that the protection and preservation of such sites will maintain the quality of life, the regulations of this district will be of benefit to the economy and enrichment of the county.

2. This district classification is intended to be applied in combination with any other pertinent zone district classification contained within this title with the exception of the AG and TPZ zone districts. The following criteria shall be used in establishing -DR districts and the territory within a district shall be one or more of the following:

a. Areas of special or unique natural beauty and aesthetic interest forming a basic resource in the economy of the county;

b. Places, sites, structures or uses which have special historical interest where at least twenty-five percent of the buildings were constructed prior to the year 1900.

B. Any community or area meeting the above criteria may petition the Amador County board of supervisors to consider combining the -DR district with the zone district(s) in the community or area. Pursuant to Section 19.68.020B of this Code, the board may adopt a resolution of intention initiating proceedings to adopt said -DR zoning and refer the petition to the Amador County planning commission for review, public hearing and recommendations. As part of the resolution the board shall appoint a design review advisory committee of preferably five members and in no case less than three members. The design review advisory committee shall prepare proposed standards and criteria for regulating new improvements and enumerate specific environmental, historical, scenic or architectural features pertinent to the area within the -DR combining zone district.

C. The standards and criteria proposed by the design review advisory committee may in whole or part be made a part of the zoning ordinance if the board of supervisors designates the area as a -DR district and shall, in all respects, act as zoning requirements for the area.

D. Building permits, except those for interior work, use permits, variances, zone district amendments and other public or private development projects of a similar nature submitted to or otherwise acted upon by the county within the -DR district shall be referred to the design review advisory committee by the planning department within three days of any application being accepted as complete by the county. The committee shall make recommendations or comments to the various county departments, any advisory agency or the legislative body empowered to act upon the project within fourteen days following receipt of any plans from the county. Applicants are encouraged to consult with the design review advisory committee prior to filing applications for projects with the county. Failure to respond within the specified time period shall be deemed to be committee approval of the project. Any decision made by the county upon such projects shall contain findings which respond to any comments and recommendations made by the design review advisory committee.

The planning director may deny building permits which do not conform to the standards and criteria established for a particular -DR design review combining district. Nothing is implied in this section to restrict the final authority of the Amador County board of supervisors in such matters.

E. Appeals. Any interested person including but not limited to the applicant and member(s) of the design review advisory committee may appeal the decision of any county department or advisory agency pursuant to Chapter 19.64.

F. Nothing in this section shall prevent: (1) the issuance of variances from the standards adopted for any -DR district, which variance is granted after following the procedure set forth in this title by the county, or (2) the eliminating or amending of the -DR zoning by the board of supervisors. (Ord. 959 §3, 1983).

19.24.047 -VR vehicle restriction combining district.

A. Intent--Applicability--Purpose. It is the purpose of this section to prohibit the parking and maintenance of vehicles with three or more axles in residential neighborhoods. It is the intent of the county to apply this zone district in combination with any R-1, RE5 or R1-A zone district where existing lot sizes are 1.25 acre or less in size and a minimum of ten contiguous lots are rezoned to the -VR district.

B. Regulations. In any district which has an adopted -VR vehicle restriction combining district, the overnight parking or maintenance of any vehicle with three or more axles is prohibited.

C. Constructive Notice. In order that notice of these regulations may be imparted to successors in interest to a parcel of land within a -VR district the county shall, upon adoption of a -VR district, immediately thereafter cause a description of the regulations to be filed with the Amador County’s recorder’s office on each affected parcel. (Ord. 1017 §2, 1984).

19.24.048 O-S open space district.

A. Intent--Applicability. The O-S, open space classification is intended to be applied to lands which are to be conserved in a natural state for the foreseeable future. The district may be used alone or combined with other zone districts to preclude further use or subdivision of the area classified as O-S. Rezones from O-S to other classifications may only be granted upon a finding that the original reason for the property being zoned O-S is no longer in effect. The O-S district may be found to be consistent with all general plan designations contained in the Amador County general plan. Lands classified as O-S may be considered for inclusion in a Land Conservation Act contract in accordance with Section 51240 of the Government Code provided the open space meets the definition in Section 51210(o).

B. Uses permitted:

1. Wildlife and botanical habitat management;

2. Fire prevention fuel management;

3. Outdoor recreational and public facilities uses approved as part of a development project in conjunction with the zoning of the property to O-S;

4. Agricultural uses not entailing structures.

C. Uses permitted subject to first obtaining an approved use permit:

1. Agricultural uses entailing structures;

2. Subsequent private or public outdoor recreational uses including any incidental and necessary structures;

3. Subsequent private and public facilities including, but not limited to those facilities necessary to treat water, treat sewage, provide fire protection, roads and utilities. (Ord. 1383 §2, 1995).

19.24.049 Scenic highway corridor overlay district.

A. Goal and Intent of the District. The generalized goal of the scenic highway corridor overlay district is to provide land use controls as regulatory safeguards to preserve and enhance an area of special and unique natural beauty and aesthetic interest in Amador County which has been identified as being a basic resource in the economy of the county. In order to accomplish this goal, this district establishes design review controls which go beyond those possible under normal zoning-general plan review procedures. This is to ensure that future development within this corridor will attract rather than detract from the aesthetics and the county will consequently retain the overall scenic value as well as economic resource value of State Highway 88. The general and special regulations listed below are to be utilized by county staff as guidelines and criteria when reviewing projects. They are not meant to preclude nor replace the usual permit and CEQA review process and are meant to supplement the public hearing process. The intent is to satisfy the state requirements for a scenic highway and promote tourism.

B. Implementation--Policies and Regulations.

1. Scenic Highway Corridor Overlay District--Definition of Boundary. A scenic highway corridor overlay district five hundred feet in width is hereby declared to exist along State Highway 88 between Dew Drop Fire Station and the Alpine County line. This five-hundred-foot scenic highway corridor overlay district shall be measured two hundred fifty feet at right angles from the centerline of the paved section of the highway except where the five-hundred-foot corridor has already been obtained by fee title or easement by the United States Forest Service as described in a record of survey recorded in Book 19 of Maps and Plats at Page 1, and described in a deed to the United States of America recorded in Book 36 at Page 295 and Book 39 at Page 391 of the Official Records of Amador County. The new two hundred fifty feet shall be considered as a straight line dimension without regard to terrain features. The scenic highway corridor overlay district boundary shall be considered as an "overlay" of the underlying zoning designation of that portion of each property within the scenic highway corridor overlay district boundary.

2. Regulations--Generally.

a. Notwithstanding the provisions of any general plan element classification which may be within the scenic highway corridor, the following zone districts are the only ones which may be found to be consistent with the scenic highway corridor overlay district: "R1A," "TPZ," "AG," "X," "PD."

b. All development projects submitted to Amador County which are proposed to be located partially or wholly within the scenic highway corridor overlay district shall be submitted for review and comment to the Tri-County Technical Advisory Committee so long as it may be in existence. These projects shall include but not be limited to building permits, commercial recreation, use permits, land divisions, rezones, variances, grading permits, advertising signs and structures.

c. Timber harvest plans submitted to the California Department of Forestry which are located partially or wholly within the scenic highway corridor and referred to Amador County for review and comment shall be reviewed with regard to any adverse impact on the scenic highway corridor. Amador County will take whatever measures are available to mitigate any significant adverse impacts to scenic values which might result from a timber harvest plan which has not, in the opinion of the county, adequately considered these scenic values.

The California Public Utilities Commission requires undergrounding of utilities "within 1,000 feet from each edge of the right-of-way of designated State Scenic Highways" and "…which would be visible from such scenic highways if erected above ground…". This state requirement will protect scenic highways from the intrusion of unsightly utility uses, such as poles, lines, etc.

d. Non-appurtenant outdoor advertising structures (billboards) shall not be permitted in the scenic highway corridor. Appurtenant or on-site advertising structures shall be considered as projects requiring county review and approval prior to erection.

For the purposes of this section, the advertising structures used as directional and informational aids approved by the U.S. Forest Service and Caltrans for Pacific Gas and Electric concessionaires, private commercial recreation facilities, and public recreational facilities shall be considered as appurtenant on-site advertising structures if located within a reasonable distance of the access road to these facilities. These recreational facilities specifically include but are not exclusively limited to the Bear River Lake Resort, Kit Carson Lodge, Plasse’s Resort, Iron Mountain Sno-Park, Kirkwood Mountain Resort, etc. Alterations or replacement of appurtenant advertising signs shall require an approved permit which shall be processed the same as a new permit. Signs advertising the sale or lease of property shall be exempt as long as they are a maximum of two square feet in size.

3. Regulations--Site Specific.

a. Development or other project applications shall be accompanied by the following if found pertinent by county staff:

i. A detailed, full property site plan indicating the proposed location and nature of improvements in relation to parcel boundaries.

ii. A statement describing the purpose and scope of the project, including both short and long term plans for the project site.

iii. If necessary, an environmental impact assessment form (supplied by the county from the "State CEQA Guidelines").

iv. Applications for building permits and use permits shall contain architectural and/or artist’s renderings of all structures which show the location of all structures in relation to lot lines; driveways; encroachment design onto State Highway 88; the front, side and rear views of any structures; a detailed description of the types of materials to be used for exterior siding, foundations, roofing, balconies, porches, etc. Incomplete plans will be returned with a specific list of deficiencies. The use of wood or wood facade exteriors and fireproof shake or composition shingle roofing materials shall be required unless "as good or better" materials or design, in the opinion of the county, are proposed by the applicant. These alternative materials may include certain types of metal roofing and sidings if found equivalent in aesthetic appearance to natural materials.

b. The exterior colors of the sides and roofs of structures and sign supports shall not contrast with the natural colors in the area. Colors of stains, paints or finished building materials shall be shown to harmonize with the forest setting or they shall be denied. In general, natural "earth tones" and soft shades that will blend with the surroundings shall be required to achieve this harmony. Stains are preferable to paints and natural wood colors are encouraged. Examples of earth tone colors may include but are not limited to neutral or soft browns, redwood, weathered gray or gray-green, and dark greens. Artist’s renderings of the proposed colors or actual paint samples shall be submitted as part of the project or permit plans. Roofs and outside trim shall not have colors which sharply contrast with the remainder of the structure. The county may deny incompatible proposed structural coloring and the county may deny colors found to be inconsistent with the objectives of the scenic highway corridor overlay district.

Owners or tenants shall not remodel, repaint or otherwise alter the appearances of approved structures unless the improvements are found to be substantially in conformance with the originally approved plans or the improvements are processed in accordance with the procedures required elsewhere in the scenic highway corridor overlay district.

c. Commercial structures shall be restricted to having only two occupancy floor levels. Subsurface basement levels or underground parking shall not be considered an occupancy level. Any requested use permits for excessive building or sign height above the thirty-five-foot building height limitation in the Amador County Code, "R1A" district, will be recommended for denial unless the use permit can be found to be in conformance with the objectives of the scenic highway corridor overlay district.

d. Proposals to cut, fill or otherwise move more than fifty cubic yards of earth shall require an engineered grading plan to be filed with the Department of Transportation and Public Works prior to any work taking place. This grading plan shall include a statement as to the effects on off-site drainage. Radical cuts or fills which, in the opinion of the county, are contrary to the goals and intent for which the scenic highway corridor was adopted may be denied by the county.

e. A landscaping plan shall be submitted as part of the application for any project or permit within the scenic highway corridor. The plans shall include a site plan showing the locations of existing mature trees and shall indicate their ultimate disposition at the completion of the project. The landscaping plan shall also indicate where the applicant is proposing to plant vegetation and the type of vegetation. Following review by the Tri-County Technical Advisory Committee the county may require landscaping as a condition of project or permit approval. The county may require the retention of mature trees where it can be found that their removal is not essential to construction of the project or permit. Attempts by a property owner to circumvent this requirement by removing trees prior to a project application could result in a much more stringent and expensive landscaping plan being required.

As a condition of the approval of a landscaping plan the county may require the planting of native species of trees and shrubs to ensure high survival rates and low maintenance. "As good or better" landscaping proposals submitted by the applicant may be approved in lieu of native species.

f. Project or permit plans shall include any on-site advertising sign plans proposed by the applicant. These sign plans shall show the location of sign(s), the design and construction materials, the colors, and a drawing of the advertising display. Signs shall not have flashing lights and any sign illumination shall be shielded to prevent glare. Signs attached to commercial structures shall not project above the roof line or cornice line of the commercial structure. Freestanding signs shall have a minimum setback of twenty-five feet from the edge of pavement of any county road or State Highway 88.

All proposals shall be reviewed and recommendations made by the Tri-County Technical Advisory Committee. Signs that are not found by the county to be compatible with the goal and intent of the scenic highway corridor may be denied by the county.

g. A parking plan shall be submitted with all commercial use applications to the county. Minimum parking requirements shall be one space per two hundred square feet of floor area for all commercial uses. Parking spaces and access driveways shall be paved or concreted prior to the issuance of a certificate of occupancy or an acceptable bonding agreement made with the county. Minimum setback areas may be used for parking if approved by the county but said spaces shall not be used in computing the total number of required spaces. Parking areas shall not be used for any other purpose than parking vehicles. Unless shown to be unfeasible, loading bays and delivery parking shall be located to the rear of a commercial structure. The Tri-County Technical Advisory Committee may recommend to the county denial of a poorly designed parking plan and the county may deny said plan if it is found that the submitted parking plan design will conflict with the stated goal and intent of the scenic highway corridor.

4. County Action On Permits. Applicants shall file their project or permit plans with the county planning department which shall forward the project to the Tri-County Technical Advisory Committee and affected agencies for review.

The county may deny permits which are found not to conform to the general and site specific regulations contained in the scenic highway corridor overlay district.

Any interested person including but not limited to the applicant may ultimately appeal the decision of any county department or advisory agency to the Amador County board of supervisors pursuant to Chapter 19.64 (Appeals).

C. Severability. If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter. (Ord. 1762 §2, 2016).

The provisions of this section were promulgated under Ord. 600 which regulated similar former provisions from the table under §19.24.040. Ord. 600 added these new provisions as part of §19.24.040, but this new section was added for easier facilitation.

The provisions of this section were added by Ord. 609 as an addition to the table under Section 19.24.040; however, this section has been added instead to more efficiently accommodate the provisions.

The provisions of this section were added by Ord. 726 as an addition to the table under §19.24.040; however, this section has been added instead to more efficiently accommodate the provisions.