Chapter 17.10
GENERAL PROVISIONS
Sections:
17.10.010 Accessory buildings.
17.10.020 Height restrictions.
17.10.050 Fences, hedges and walls.
17.10.060 On-premises lighting.
17.10.080 Buildings under construction.
17.10.100 Medical marijuana and other marijuana establishments prohibited.
17.10.010 Accessory buildings.
A. It is unlawful to construct, erect or locate in any residential district private garages or other buildings or structures without a permissive main building, except that a temporary building may be constructed and occupied, after the necessary permits for the temporary uses are obtained, as a legal use pending the construction of a permanent use, if such temporary building does not exceed fifteen feet in height, is not larger than four hundred square feet in floor area, and is at least seventy-five feet from the front lot line and not closer than twenty feet to the designated site of the final permanent structure. No permit shall be issued for such a temporary structure unless a permit also is issued at the same time for the permanent building. If it is proposed to convert the temporary structure to a permissive accessory one upon completion of the final structure such conversion shall occur upon completion of the final structure, or be removed within one year from the date of issuance of the original permit.
B. A detached accessory building not exceeding fifteen feet in height may occupy not more than one-half of the total area of a rear yard if it is at least five feet away from the rear and side lot lines, and is no closer than is allowed in this title to main buildings on the same or adjacent lots. No detached accessory building shall occupy a front yard of any lot.
C. In the case of a corner lot abutting two streets, no accessory building shall be erected so as to encroach upon the front setbacks of such lot.
D. A detached accessory building for use as a private garage may be built to the street line on any interior lot where the slope of the front half of the lot is greater than one foot rise or fall, for every ten feet above or below the established street grade, if such structure does not exceed eight feet in height. (Ord. 9-05-06B § 1; Ord. 1-5-87A § 5(A))
17.10.020 Height restrictions.
The requirements of this title do not apply to:
A. Belfries, chimneys, church spires, cupolas, domes, flagpoles, flues, radio towers, water towers and the like, except where they are hazards or violate the provisions of other ordinances, law or regulations;
B. Parapet walls extending four feet or less above the height limitations provided by this title for the building on which they rest, bulkheads, elevator towers, one-story penthouses, water tanks or similar structures, if the aggregate floor area of such structure is not greater than one-half of the total roof area. (Ord. 1-5-87A § 5(B))
17.10.030 Area requirements.
A. No lot or parcel shall be so reduced in area as to be less in any dimension than is required by the provisions applicable to the land use district in which such lot is located.
B. No portion of any lot or parcel of land which is part of the required area for an existing building shall be used as a part of the required area of any other lot or parcel for any other building. Where a portion of any lot or parcel is sold or transferred and the area of that portion or the portion remaining no longer conforms to the required area applicable to the land use district in which such lot or parcel is located, the portion sold or transferred and the portion remaining shall be considered as one parcel in determining the permissible number and location of buildings allowed to be placed on both parcels. (Ord. 1-5-87A § 5(C))
17.10.040 Yard requirements.
A. No required yard or open space around any building shall be considered a yard or open space for any other building on an adjoining lot or parcel.
B. Where yards are required by this title, they shall be open and unobstructed from the ground to the sky, except as otherwise specifically provided.
C. On through lots, either end lot line may be considered the front line, in which case the minimum rear yard shall be not less than the required front yard of the land use district in which such lot is located.
D. Outside stairs or landing places, if unroofed and unenclosed, may extend into a required front yard for a distance of not more than two feet.
E. Outside stairs or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance of not more than three feet.
F. Outside stairs or landing places, if unroofed and unenclosed, may extend into a rear yard a distance of not more than five feet. (Ord. 1-5-87A § 5(D))
17.10.050 Fences, hedges and walls.
A. Fences, hedges and walls not over seven feet in height may be erected on lot lines, except in required front yard areas. Fences, hedges and walls not over four feet in height may be built anywhere on the lot.
B. There shall be no fences, hedges, walls, shrubbery or other obstruction to vision more than four feet higher than curb level within twenty feet of the intersection of any two streets on any corner lot.
C. Commercial and industrial districts only shall be allowed a security fence (an eight foot fence with or without barbed wire) constructed by a licensed contractor with a building permit issued. (Ord. 9-02-14A § 1; Ord. 10-01-07C § 1; Ord. 9-05-06B § 1; Ord. 1-5-87A § 5(E))
17.10.060 On-premises lighting.
Any lighting facilities shall be so installed as to reflect away from adjoining properties. (Ord. 1-5-87A § 5(F))
17.10.070 Signs.
A. Generally.
1. One nameplate, not illuminated, appurtenant to any permitted use, not exceeding two square feet, shall be permitted in any zone.
2. One sign, not illuminated, to advertise the sale of the property on which it is displayed and not exceeding six square feet, shall be permitted in any zone.
3. Signs, not illuminated and not exceeding one hundred square feet in the aggregate, to advertise the sale of lots in the subdivision in which they are displayed, shall be permitted in any zone with a conditional use permit.
B. Residential Districts. Sign requirements and restrictions for residential districts are the same as those set forth in subsection (A) of this section.
C. Agricultural, Commercial and Industrial Districts.
1. One nameplate, not illuminated, appurtenant to any permitted use not to exceed four square feet shall be permitted.
2. Signs not illuminated, appurtenant to any permitted use not over seventy-five square feet in the aggregate and divided into not more than three single- or double-faced signs shall be permitted with a conditional use permit.
3. Other requirements and restrictions applicable in agricultural, commercial and industrial districts are the same as those set forth in subsection (A) of this section.
D. Commercial and Industrial Districts.
1. One sign, not illuminated, to advertise the sale of the property on which it is displayed and not exceeding fifteen square feet shall be permitted.
2. Signs appurtenant to any permitted use, and not to exceed three square feet per foot of frontage of the site on which they are displayed, shall be permitted. Any such site shall be permitted at least a fifty-square-foot sign, but in no case more than three hundred square feet, which total area may not be divided into more than six single-faced or double-faced signs. (Ord. 1-5-87A § 5(G))
17.10.080 Buildings under construction.
Any building for which a permit has been issued prior to the effective date of the ordinance codified in this title, and which is in conflict with this title, and on which substantial work has been performed, may be continued until completion, according to the plans and specifications on the basis of which the permit was issued. (Ord. 1-5-87A § 5(H))
17.10.090 Zoning regulations.
Regulations for the zoning districts are compiled in Table 17.10.090. Table attached and made a part of this section:
|
Zoning District |
Lot Size |
Front Yard |
Side Yard |
Rear Yard |
Separation Between Buildings |
Livestock Separation |
Height Limit |
Accessory Building from Property Line |
|---|---|---|---|---|---|---|---|---|
|
AG-5 |
5 acres |
15' |
15' |
10' |
60' |
40' |
35'/15' |
5' side, 5' rear |
|
AG-10 |
10 acres |
15' |
15' |
10' |
60' |
40' |
35'/15' |
5' side, 5' rear |
|
AG-20 |
20 acres |
15' |
15' |
10' |
60' |
40' |
35'/15' |
5' side, 5' rear |
|
AG-40 |
40 acres |
15' |
15' |
10' |
60' |
40' |
35'/15 |
5' side, 5' rear |
|
RR-13 |
13,000 sq. ft. |
20' |
8' |
10' |
20' |
40' |
35'/15' |
5' side, 5' rear If 85' from front 3' side, 3' rear |
|
RR-20 |
20,000 sq. ft. |
30' |
15' |
20' |
20' |
40' |
35'/15' |
5' side, 5' rear |
|
RR-1.25 |
1.25 acres |
30' |
15' |
20' |
20' |
40' |
35'/15' |
5' side, 5' rear |
|
RR-2.5 |
2.5 acres |
30' |
15' |
20' |
20' |
40' |
35'/15' |
5' side, 5' rear |
|
R-1-6 |
6,000 sq. ft. |
20' |
7' |
10' |
10'* |
NA |
35'/15' |
|
|
R-1-9 |
9,000 sq. ft. |
20' |
7' |
10' |
10'* |
NA |
35'/15' |
|
|
R-3 |
7,500 sq. ft. |
10' |
10' |
10' |
See 17.26 |
NA |
35' |
6' from main bldg |
|
NC-R |
1 acre/2,000 sq. ft. |
10' |
5' |
10' |
|
NA |
35' |
|
|
GC |
2,000 sq. ft. |
0 |
0 |
0 |
|
NA |
35' |
|
|
Adj. to Res. |
|
15' |
20' |
20' |
|
NA |
35' |
|
|
CH |
6,000 sq. ft. |
15' |
0 |
5' |
|
NA |
35' |
|
|
Adj. to Res. |
|
|
15' |
20' |
|
NA |
35' |
|
|
PF |
|
NA |
10' |
10' |
10' |
|
100' |
NA |
|
M-L |
32,670 sq. ft. |
20' |
20' |
20' |
|
NA |
35' |
|
|
|
10,000 sq. ft. |
20' |
20' |
20' |
|
NA |
35' |
|
|
M-1 |
1 acre/20,000 sq. ft. |
20' |
20' |
0 |
|
NA |
35' |
|
|
M-2 |
2.5 acres |
20' |
20' |
20' |
|
NA |
35' |
|
|
MAR |
160 acres |
30' |
30' |
30' |
40' |
NA |
NA |
|
|
M-3 |
2.5 acres |
15' |
15' |
10' |
10' |
40' |
|
5' side, 5' rear |
|
|
1 ac to 2.499 ac |
15' |
15' |
10' |
10' |
40' |
|
5' side, 5' rear |
|
|
14,000 to 43,5999 sq. ft. |
15' |
15' |
10' |
10' |
40' |
|
5' side, 5' rear |
|
|
6,000 to 13,999 sq. ft. |
20' |
7' |
10' |
10' |
40' |
|
5' side, 5' rear |
|
|
|
|
|
|
|
20' from property line/100' from res. on adjacent lot |
|
|
|
OS-MU |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
|
MHP |
2.5 ACRES |
15' |
5' |
10' |
|
|
|
15' |
|
See 17.50 |
|
|
|
|
|
|
|
|
* Between main building and guest house.
(Ord. 1-03-12 § 1.1; Amended during Supp. No. 1, 6-03; Ord. 1-5-87A).
17.10.100 Medical marijuana and other marijuana establishments prohibited.
A. Notwithstanding any other provision of this code, medical marijuana establishments are not allowed, and shall be unlawful as a permitted use, conditional use or accessory use in any zoning district within the unincorporated areas of Humboldt County. For purposes of this section, “medical marijuana establishment” shall have the same definition as in NRS 453A.116, and as may be amended.
B. Notwithstanding any other provision of this code, marijuana establishments as defined by NRS Chapter 453D, Regulation and Taxation of Marijuana, including any subsequent amendments or regulations, are not allowed and shall be unlawful as a permitted use, conditional use or accessory use in any zoning district within the unincorporated areas of Humboldt County. For purposes of this section, “marijuana establishment” shall have the same definition as in NRS 453D.030, and as may be amended.
C. This prohibition is not intended to interfere with the individual rights of persons to the medical use of marijuana as permitted by NRS Chapter 453A and is not intended to interfere with the individual rights of a person to lawfully use or grow marijuana noncommercially for personal use as regulated and permitted by NRS Chapter 453D. (Ord. 10-09-17 § 1; Ord. 12-15-14 § 1)