Ordinances of the Elk Valley Rancheria, California
Last amended: 2002
Elk Valley Indian Rancheria Ordinance No. 01-08
AN ORDINANCE OF THE TRIBAL COUNCIL FOR THE ELK VALLEY RANCHERIA ADOPTING ZONING AND LAND USE REGULATIONS FOR THE ELK VALLEY INDIAN RANCHERIA
The Tribal Council ("Council") for the Elk Valley Rancheria ("Tribe") does hereby ordain as follows:
Section 1. Declaration and Findings. The Council hereby finds and declares that:
1. It is necessary to prepare and enact a comprehensive zoning and land use ordinance regulating the use and development of tribal lands within the boundaries of the Elk Valley Indian Rancheria ("Rancheria") or ("Reservation") and all lands owned by the United States of America in trust for the Tribe outside the boundaries of the Rancheria.
2. Unless the Council enacts a comprehensive ordinance providing for uniform use, and development of trust lands within and outside the Rancheria, uncontrolled development will take, place on an ad hoc basis that will be adverse to the political and economic interests of the Tribe and its individual members.
3. The enactment of this ordinance will promote and protect the public health, safety, morals, comfort, convenience and general welfare of the Tribe and its members.
Section 2. Adoption of Zoning Ordinance. There is hereby adopted a new ordinance entitled Zoning and Land Use Ordinance which shall provide as follows:
02 General Provisions.
06 Use Group Classifications.
08 Zones Established, Boundaries, Zoning Map.
10 Agricultural (A) Zone.
12 Residential Estates (RE) Zone.
14 Single-Family Residence (R1) Zone 16 Residential Medium-Density (R2) Zone.
18 Multiple-Residence (R3) Zone .
26 Limited Industrial (ML) Zone.
28 Heavy Industrial (MH) Zone.
29 Industrial Park (I-P) Zone.
30 Public Facility (PF) Zone.
32 Open Space (OS) Zone.
34 Unclassified Interim (U) Zone.
36 Planned Unit Development Combining (-PD) Zone.
38 Floodway Combining (-FW) Zone.
40 Flood Plain Combing (-FP) Zone.
42 Seismic Study Combining (-55) Zone.
44 Special Lot Size Combining (-B) Zone.
46 Natural Hazard Combining (-H) Zone.
48 Historical and Cultural Resources. [not included in this copy]
50 Performance Standards.
52 Off-Street Parking and Loading Regulations.
56 Yard and Height Exceptions and Modifications.
58 Fences and Hedges.
62 Apartment Complex Regulations.
64 Mobile Home Park Regulations.
66 Supplemental Provisions.
68 Adult Entertainment Regulations.
70 Site Plan Review.
72 Nonconforming Uses and Structures.
74 Use Permits.
80 Fees, Charges and Expenses.
82 Administration and Enforcement.
84 Appeals to Council and Planning Commission.
02.010 Short title.
02.020 Application of ordinance.
02.040 Limitations on land use and structures.
02.050 Interpretation and findings.
02.060 Conflicting provisions.
02.010 Short title. This ordinance shall be known and cited as the "Elk Valley Rancheria Zoning Ordinance."
02.020 Application of ordinance. This ordinance shall apply to all trust lands including all assignments and leases of trust lands within and outside the Rancheria.
202.030 Purpose. The purpose of this ordinance is to protect the present character of the Rancheria, to insure clean air and water, open space and proper human environment, and to encourage and regulate the development of the Rancheria after it has been divided into zones and to promote and regulate the orderly and economic growth of the Rancheria and tribal trust lands.
02.040 Limitations on land use and structures. Except as otherwise provided in this ordinance:
A. No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than is included among the uses listed in this ordinance as permitted in the zone in which such building, land or premises is located.
B. No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this ordinance for the zone in which such building or structure is located, except as provided in Chapter 56.
C. No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations designated in this ordinance for the zone in which such building or open space is located.
D. No yard or other spaces provided about any buildings for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for a building on any other building site unless specifically permitted elsewhere in this ordinance.
02.050 Interpretation and findings. By written findings, the planning commission of the Tribe may interpret any of the provisions of this ordinance and may determine what additional uses may be permitted with or without use permits in any zones because of similarity and compatibility with listed uses. The Tribal Council, on its own motion or upon receipt of an appeal from any such interpretation or determination, may confirm, reverse or modify the action of the commission taken pursuant to this section.
02.060 Conflicting Provisions. Wherever conflict occurs between the provisions of this ordinance and any other ordinance of the Tribe, the stricter of any such provisions shall apply.
[Digitizer's note: Section listing is not included for this section.]
04.010 Use of definitions. For the purpose of this ordinance, the words and phrases set forth in this chapter shall have the meanings respectively ascribed to them herein, and the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.
04.020 Abutting. "Abutting" means land having a common property line or district line or separated only by a private street, alley or easement.
04.030 Accessory use or structure. "Accessory use or structure" means a use or structure subordinate to or part of the principal use on the same lot and serving a purpose customarily incidental to the principal use.
04.040 Agent of owner. "Agent of owner" means any person who can show written proof that he is acting for the holder of a tribal land assignment or lease of tribal land.
04.050 Agriculture. "Agriculture" means the use of tribal land for agricultural purposes, including farming, dairying, pasturage, agriculture, apiaries, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, processing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities; and, provided further, that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
04.060 Alley or lane. "Alley" or "lane" means a public or private way, not more than thirty feet wide, affording only a secondary means of access to abutting property.
04.070 Alter. "Alter" means to change any of the supporting members of buildings, such as bearing walls, columns, beams or girders.
04.080 Apartment. "Apartment" means a room or suite of two or more rooms in a multiple dwelling occupied or suitable for occupancy as a residence for one family.
04.090 Arts and crafts fair. "Arts and crafts fair" means an organized exhibit and/or sale of art works and craft items such as macramé, knitted goods, stitchery, pottery, jewelry, paintings and other sales generally associated with these events.
04.100 Automobile repair major. "Major automobile repair: means the repair or replacement of frames and bodies, including painting, of vehicles of all weights and sizes, and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half ton capacity. This definition includes auto and truck paint shops, body and fender repair shops, and wrecked vehicle storage areas. When any of the above uses are an integral part of and connected with new motor- vehicle dealers; such uses shall be considered as an accessory use.
04.110 Automobile repair minor. "Minor automobile repair" means the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half ton capacity. This definition includes auto transmission shops, brake and wheel shops, radiator repair shops, fuel and electrical repair shops, upholstery and muffler shops.
04.120 Automobile sales area "Automobile sales area" means an open area, other than a street, used for the display, sale or rental of new or used passenger vehicles or other motor vehicles, such vehicles as mobile homes and trailers, and such recreational equipment as campers and boats, in operable condition and where no repair work is done, but not including the rental of motor homes, mobile homes, or pickup trucks with campers mounted thereon in the sales area.
04.130 Automobile service station or gasoline service station. "Automobile service station" or "gasoline service station" means a retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, such as: dispensing of automotive fuel and motor oil; vehicle washing and lubricating services; the sale and servicing of tires, batteries, replacement items and other automotive accessories; and minor automotive repair. This definition shall not be deemed to include such things as body or fender work, painting or major automobile repairs, sales of nursery products, or coupon redemption for or sales of merchandise not accessory to a motor vehicle. Gasoline service stations may also provide a towing service limited to no more than two trucks, or equipment rental, subject to conditions of approval by the Commission or Council. When a conditional use permit shall have been granted to authorize an automobile service station or gasoline service station on a lot, the only use permitted thereon shall be the supplying of those goods and services described in the first and third sentences of this section, unless such conditional use permit expressly authorizes other uses. Permitted uses otherwise allowed in the zoning district in which a service station is located are not allowed in conjunction with a service station unless specifically authorized by a conditional use permit.
04.140 Automobile wrecking. "Automobile wrecking" means the dismantling or disassembling of used motor vehicles or trailers; the storage, sale, or dumping of dismantled, obsolete or wrecked vehicles or their parts; and the towing of such vehicles or parts in connection with such activity.
04.150 Beginning of construction. "Beginning of construction" means the incorporation of labor and material within the foundation of the building or buildings.
04.160 Boardinghouse or rooming house. "Boardinghouse" or "rooming house" means a dwelling or part thereof where meals and/or lodging are provided, for compensation.
04.170 Building. "Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more walls extending from the ground up, each part is deemed a separate building, except as regards a minimum yard side requirements as hereinafter provided in this ordinance.
04.180 Building, height of. "Height of building" means the vertical distance from the average contact ground level at the front wall of the building, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
04.190 Building, main. "Main building" means a building in which is conducted the principal use of the building site on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the building site on which the same is located.
04.200 Bus. "Bus" means any motor vehicle, other than a motor-truck or truck tractor, designed for carrying more than ten persons including the driver and used for the transportation of passengers. The term "bus" has the same meaning as the term "bus" is defined in the California Vehicle Code.
04.210 Camper. "Camper" means a shelter designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. The term "camper" has the same meaning as the term "camper" is defined in the California Vehicle Code.
04.220 Camper vehicle. "Camper vehicle" means a motor vehicle, such as pickup truck, to which a camper is temporarily attached.
04.230 Carport. "Carport" means a detached or attached structure with a covered roof containing one or more parking spaces and open on one or more sides. A carport located upon a lot developed with a residential dwelling or dwellings serves a similar use as a private garage.
04.240 Cessation of use. As used in this ordinance, a use shall be deemed to have ceased when it has discontinued either temporarily or permanently, whether with the intent to abandon such use or not or in the case of a lease or assignment when the lease or assignment expires or is otherwise terminated.
04.250 Pow Wow, circus and/or carnival and special event. "Pow Wow" and/or "circus" and/or "carnival" and "special event" means a temporary, organized, outdoor program of entertainment or exhibition, such as traditional Indian drumming, singing and dancing, a fair, gymkhana, flea market, rodeo or similar use, where activities include such things as rides, exhibits, food service, sales or small-scale games.
04.260 Council. "Council" means the Tribal Council of the Elk Valley Rancheria or Tribe.
04.270 Combining zone. "Combining zone" means a zone within which certain regulations and requirements apply in addition to, and are combined with, regulations and requirements of another zone.
04.280 Commercial "Commercial" means any activity on or use of land which involves the buying, selling, processing or improving of things not produced on the land and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of the buyer, seller, processor or improver.
04.290 Commercial vehicle. "Commercial vehicle" means a vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. The term "commercial vehicle" does not include a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. The term "commercial vehicle" has the same meaning as the term "commercial vehicle" is defined in the California Vehicle Code.
04.300 Commission, planning. "Commission" means the planning commission of the Tribe.
04.310 Community club. "Community club" means buildings and grounds used for and operated by a nonprofit organization whose membership is open to any resident of the Rancheria, provided that the primary objectives of the organization are the improvement of the Rancheria or the Tribe and its social welfare and recreation.
04.320 Conditional use. "Conditional use" means a use of land for which a conditional use permit is required, pursuant to Chapter 74 of this ordinance.
04.330 Condominium. "Condominium" means individual ownership of a dwelling unit within a multiple-unit structure, exclusive of the land underlying said structure.
04.340 Construction yard "Construction yard" means an area on or immediately adjacent to a major construction or demolition site used on a temporary basis for the parking and storage or equipment used in the project, and the storage and preparation of materials and other items used in the project. Such yard may include construction offices and such shops as are necessary for work on the immediate project.
04.350 Corporation yard service yard. "Corporation yard" or "service yard" means buildings and premises, including offices, used by any person or by the Tribe for the storage, maintenance, repair and processing of equipment, materials and other items involved in construction or maintenance of physical facilities having permanently fixed locations, or in the operation of a fleet of rolling stock.
04.360 Condominium development. "Condominium development" means a structure and appurtenant premises divided in ownership by the existence of condominiums as now or hereafter defined in Section 783 of the California Civil Code, and shall include instances where ownership is so divided following prior single ownership of the entire structure and premises, as well as new structures so divided in ownership.
04.370 Convenience food store "Convenience food store" means a grocery store limited to two thousand five hundred square feet in total floor area and which carries a limited inventory.
04.380 Court. "Court" means an open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
04.390 Director of Planning."Director of planning" means the director of planning of the Tribe.
04.400 Department store. "Department store" means a store or group of shops under unified management, selling a variety of merchandise groups; normally including clothing, appliances, hardware and furniture.
04.405 Development. "Development" means any manmade change to improved or unimproved trust land, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
04.410 District. "District" means a zone.
04.420 Domestic pet. "Domestic pet" means any of the various animals customarily kept as household pets (except exotic animals)
04.430 Drive-in enterprise. "Drive-in enterprise" means a business, activity or other use of land consisting of sales or service activity predominantly rendered to patrons who normally receive the products or utilize the services at least in part while in automobiles upon the premises. This definition includes, inter alia, automobile service stations, automotive car washes and drive-in restaurants.
04.440 Drive-in eating place.
A. "Drive-in eating place" means an eating place:
1. Which has less than fifty percent of the floor area of the total structure devoted to indoor seating, and which serves food and/or drink from throw-away plates, wrappings or cups; or
2. Which serves food from a pass-through opening to vehicles; or
3. Which serves food to parked vehicles.
B. Establishments selling prepared food for exclusive consumption off the premises shall not be considered as drive-in eating places on the basis of seating, but may be considered as drive-in eating places on the basis of a pass-through opening or service to parked vehicles.
04.450 Driveway. "Driveway" means a permanently surfaced area on a lot designed and required to provide direct access for vehicles between a street and a private garage, carport or other permitted parking space, or parking area or loading area.
04.460 Dwelling. "Dwelling" means any building or portion thereof, designated or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or trailer coach.
04.470 Dwelling, single-family. "Single-family dwelling" means a dwelling designed to contain a single dwelling unit.
04.480 Dwelling, two-family or duplex. "Two-family dwelling" or "duplex dwelling" means a dwelling designed to contain two dwelling units.
04.490 Dwelling, multiple. "Multiple dwelling" means a dwelling designed to contain three or more dwelling units, including apartments, condominiums, attached townhouses and similar dwellings, but excluding motels, hotels, boardinghouses, lodging houses, fraternities, and similar dwellings.
04.500 Dwelling unit. "Dwelling unit" means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
04.510 Dwelling group. "Dwelling group" means a group of two or more dwellings, either detached or attached, located on a parcel of land in one ownership and having any yard or court in common.
04.520 Family. "Family" means:
A. A person living alone in a dwelling unit; or
B. Two or more persons related by blood, adoption or marriage, living together as a single housekeeping unit in a dwelling unit; or
C. Two or more unrelated persons living together as a single housekeeping unit in a dwelling unit.
04.530 Family day care home. "Family day care home" means a home which regularly provides care, protection, and supervision of twelve or fewer children, in the provider's own home, for periods of less than twenty-four hours per day.
04.540 Fence. "Fence" means a structure made of wire, wood, metal, masonry or other material, used as a screen or enclosure for a field, yard or lot.
04.550 Fence height. "Fence height" means the difference in elevation between the top of a fence or hedge, and the ground surface at the lowest point of the fence or hedge. Where a fence is erected atop or within ten feet of a retaining wall on the property line, or on the same lot, the height of the fence shall include the retaining wall.
04.560 Fence, open. "Open fence'" means a fence constructed with material consisting of woven wire or other metals which restricts movement but not visibility.
04.570 Finished appearance. "Finished appearance," as applied to fencing, generally means the shielding of posts and rails by the application of a facing. Fencing in which such posts and rails are made a design feature of the fence, or fence which is so constructed that the posts and rails have the same appearance on both sides, shall be considered as having a "finished appearance" on both sides.
04.580 Flood Plain combine zone. "Flood Plain combine zone (-FP) " means an area which is defined in Chapter 40 which applies to the one-hundred-year Flood Plain area(s) which areas shall be delineated on the zoning map.
04.590 Flood proof structure. "Flood proof structure" means any structure which, in the opinion of the building official, is designed and constructed to resist flotation, destruction or major damage by floodgates.
04.600 Floodgates. "Floodgates" means a body of water resulting from an overflow of a river, channel, bay or drainage canal, or backwater due to inadequate downstream capacity which inundates the land.
04.610 Floodway. "Floodway" means the channel of a stream and those portions of the Flood Plain adjoining the channel that are required to carry and discharge the floodgate or flood flows of any river or stream, including but not limited to flood flows associated with the regulatory one-hundred-year flood. Such area shall be delineated on the zoning map.
04.615 Floodway combining zone (-FW). "Floodway combining zone (-FW) " means an area as defined in Chapter 38 which applies to the Floodway area(s) delineated on the zoning maps.
04.620 Floor area. "Floor area" means the sum of the areas of the several floors of structure(s), as measured by the exterior faces of the walls, less any area within the structure(s) devoted to parking, vehicular atriums or enclosed malls and similar areas.
04.625 Gaming Facility. "Gaming Facility" or "Casino" means any structure or portion thereof used to conduct any Class II or III gaming activities as defined by the Indian Gaming Regulatory Act, 25 U.S.C. §2701 et seq.
04.630 Garage private. "Private garage" means an attached or detached accessory building located upon a lot developed with a residential dwelling or dwellings (or a portion of main residential building), used by the occupants residents upon the premises principally for the storage of passenger vehicles, and other vehicles and equipment permitted to be located upon the lot.
04.640 Garage, public. "Public garage" means a structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of motor vehicles or other vehicles; except that a structure or part thereof used only for storage (as in the case of a public parking area) or display (as in the case of an automobiles sales area) of motor vehicles, but not for transients, and at which fuels and oils are not sold and such motor vehicles are not equipped, repaired or hired, shall not be deemed to be a public garage.
04.650 General plan . "General plan" means the General Plan of the Rancheria.
04.660 Guesthouse. "Guesthouse" means an attached or detached living quarters without kitchen facilities.
04.670 Hedge. "Hedge" means a barrier formed by bushes, shrubs or trees growing close together in a line with interwoven branches.
04.680 Historical or cultural resource. "Historical or cultural resource" means any building, structure, pictograph, artifacts, burial grounds, tree, plant life or site that either serves as a reminder of past eras, events or persons important in the history of the Tribe, or represents a significant example of an architectural style of the past.
04.690 Historical or cultural resource site. "Historical or cultural resource site" means any place constituting a historical or cultural resource not otherwise defined as a historical resource structure. Such term includes, but is not limited to, creeks, sloughs, landings, ponds, lagoons, watercourses, canyons, historical communities, cemeteries and burial grounds, mountain peaks and passes, gravel pits, locations of previously existing buildings and structures, and locations of archaeological, religious or cultural significance to the Tribe.
04.700 Historical resource structure. "Historical resource structure" means any building, structure, tree of plant life constituting a historical resource.
04.710 Home occupation. "Home occupation" means a use customarily carried on in a dwelling by a resident thereof, which is merely incidental to the residential use of the dwelling and subject to criteria as provided elsewhere in this ordinance.
04.720 Industrial Park. "Industrial park" means the combination of contiguous lots specifically planned for industrial uses, having continuity of design and function and uniform or integrated standards of development established by contract, covenant or lease restriction.
04.730 Intensity. "Intensity" means the degree or level of concentration of or activity to which land is used. In determining the degree of intensity, such factors as number of employees, number of off-street parking spaces requires, and number of tenants shall be considered.
04.740 Kennel. "Kennel" means a building or portion thereof, or other enclosure used to confine, feed, exercise, show or provide shelter for more than five cats or dogs, ten weeks of age or older. Veterinarians' offices are specifically excluded.
04.750 Landscaping. "Landscaping" means the planting and maintenance of trees, shrubs, lawns and other evergreen ground cover or material, including inorganic accessory materials utilized to accent or compliment the vegetation.
04.760 Livestock. "Livestock" means domestic animals customarily kept, used, maintained or raised on a farm or ranch for commercial purposes, including but not limited to horses, ponies, burros, mules, donkeys, cows, steers, sheep, goats, chickens, ducks, geese, swine and rabbits.
04.770 Lot. "Lot" means a piece or parcel of trust land assigned or leased as a single unit occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this ordinance and having frontage on and access to an approved and accepted tribal, county or Bureau of Indian Affairs maintained street which meets the standards of width and improvements, as specified in the regulations of the Tribe contained in or adopted pursuant to any subdivision and/or street improvement ordinance adopted by the Tribe, as to the section and the frontage of the lot involved, or having frontage on and access to an approved private street.
04.780 Lot area. "Lot area" means the net site area of a lot, expressed in terms of acres or square feet, exclusive of any public street easements and exclusive of that percentage of the total area of any other public easements or private easements which is in excess of fifteen percent of the net site area of the lot, exclusive of any such public street easements, which net site area as thus limited can be legally occupied by a principal building or a group of such buildings and accessory buildings, or can be utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this ordinance.
04.790 Lot, corner. "Corner lot" means a lot abutting upon two streets at their intersections, or abutting upon a curvature of a single street, where such streets or curvature form an interior angle of less than one hundred thirty-five degrees. The point of intersection of the street lot lines extended is the "corner." A corner lot may have more than one corner and may also abut upon one or more streets which do not form the corner or corners of the lot.
04.800 Lot, reversed corner. "Reversed corner lot" means a corner lot the rear of which abuts upon the side of another lot, whether or not across an alley.
04.810 Lot, through. "Through lot" means a lot which has two or more front lot lines which do not intersect to form a corner lot.
04.820 Lot coverage. "Lot coverage" means that portion of the lot area covered by a building.
04.830 Lot depth. "Depth of lot" means the horizontal distance between the front and the rear lot lines.
04.840 Lot, interior. "Interior lot" means a lot which has only one front lot line.
04.850 Lot lines. "Lot lines" means the property lines bounding the lot.
04.860 Lot line, front. "Front lot line" means any of the following:
A. Each street lot line of an interior or through lot;
B. Either one or the other of the two street lot lines forming a corner of a corner lot; and
C. The shorter street frontage of a corner of a corner lot.
04.870 Lot line, rear. "Rear lot line" means any lot line other than a front or side lot line. A side lot line separating a lot from a street is called a side-street lot line. A side lot line separating a lot from another lot or lots is called an interior-side lot line.
04.880 Lot line side. "Side lot line" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side-street lot line. A side lot line separating a lot from another lot or lots is called an interior-side lot line.
04.890 Lot line, street. "Street lot line" means a lot line separating the lot from a street.
04.900 Lot line, alley. "Alley lot line" means a rear lot line separating the lot from an alley.
04.910 Lot width. "Lot width" means the width of the lot measured at right angles to its depth.
04.920 Lowest floor. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
04.930 Manufactured home. "Manufactured home" means a factory-built home to include a modular and mobile home certified by a state under the National Home Construction and Safety Standards Act of 1974.
04.940 Mobile home. "Mobile home" means a vehicle designed and equipped for human habitation, and for being drawn by motor vehicle. A mobile home is a type of "trailer" or "trailer coach" or "semi-trailer" as such terms are defined in the California Vehicle Code, and has the same meaning as "mobile home" as such term is defined in the California Health and Safety Code. (For the purpose of this ordinance, the terms "mobile home," "travel trailer" and "trailer," which are each separately defined terms in this ordinance, are mutually exclusive terms.)
04.950 Mobile home park. "Mobile home park" means any area or tract of land where one or more mobile home sites are rented or leased or held on rent or lease to accommodate mobile homes for human habitation. The term "mobile home park" has the same meaning as "mobile home park" as such term is defined in the California Health and Safety Code.
04.960 Motel or motor hotel. "Motel" or "motor hotel" means a group of buildings containing individual sleeping or living units, designed for use by automobile tourists, or transients, with garage attached or parking space conveniently located to each unit.
04.970 Motor home. "Motor home" means a motor vehicle originally designed, or permanently altered and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a motor home. The term "motor home" includes within its meaning the terms "motor home," "house car," and "camp car" (with motor power), as such terms are used or defined in the California vehicle Code or the California Health and Safety Code.
04.980 Motor truck. "Motor truck" means any motor vehicle designed, used or maintained primarily for the transportation of property. The term "motor truck" includes within its meaning the terms "motor truck" and "truck tractor" as such terms are defined in the California Vehicle Code, except as modified by the definition in this chapter of "passenger vehicle" to include certain motor vehicles as passenger vehicles which are otherwise motor trucks, or to include certain motor vehicles as motor trucks which are otherwise passenger vehicles.
04.990 Motor vehicle. "Motor vehicle" is a vehicle which is self-propelled. The term "motor vehicle" has the same meaning as the term "motor vehicle" is defined in the California Vehicle Code.
04.1000 Natural land slope. "Natural land slope" means the predominant slope (or slopes) in its natural condition, disregarding minor surface humps or hollows.
04.1010 Nightclub. "Nightclub" means a drinking place which includes an area in which patrons may dance, or which provides live entertainment, not including entertainment by a single instrumental musician.
04.1020 Nonconforming building. "Nonconforming building" means a building or structure or portion thereof which:
A. At the time of construction complied with the height requirements of the district in which it was located, and was sited on the lot on which it was constructed in compliance with the area and yard requirements of such district at that time; but
B. Does not now conform to the presently existing height regulations of the district where located; or
C. Is sited on the lot where it is situated in such a manner that there is a lack of conformity with the presently existing area or yard requirements of the district where located.
04.1030 Nonconforming lot. "Nonconforming lot" means a lot which, was lawful when created or when lawfully created or established, complied with the width and area requirements of the district where located, but which does not conform to the presently existing area or width regulations of the district where located (or which does not conform to the presently existing requirements of the subdivision ordinance governing lot standards).
04.1040 Nonconforming use. "Nonconforming use" means a use which, when commenced, was lawful or complied with use regulations of the district in which such use was commenced, and which does not conform to the presently existing use regulations of the district where the use is being conducted or carried on. The term "non-conforming use" shall be applicable to use of buildings, structures, and land.
04.1050 Nursery. "Nursery" means an area where agricultural products are grown for transplanting, for use of stock for budding and grafting, or for sale on the premises.
04.1060 Nursery, agricultural. "Agricultural nursery" means a nursery at which items sold are limited to agricultural products grown on the premises.
04.1070 Nursery, commercial. "Commercial nursery" means an agricultural nursery selling products not grown on the premises (such as fertilizer, sprays, shears and garden hose), but which are associated with the care and maintenance of plants.
04.1080 Nursery school, children's nursery school, child day care service. "Nursery school, children's nursery school or child day care service" means an establishment for the part-time care and instruction, whether or not for compensation, of six or more children, other than those resident on the site.
04.1090 Nursing home or convalescent hospital. "Nursing home" or "convalescent hospital" means any place or institution which makes provisions for bed care, or for chronic or convalescent care for one or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to properly care for themselves. Institutions for the care of alcoholics, drug addicts, persons with mental diseases, and persons with communicable diseases, such as contagious tuberculosis, are not included within the meaning of "nursing home" or "convalescent hospital."
04.1095 One-hundred-year flood. "One-hundred-year flood" or "100-year-flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this ordinance.
04.1100 Open space. "Open space," for purposes of this ordinance, means an outdoor area created by artificial or natural design not otherwise occupied by buildings (open spaces may be integral with, but may not be totally covered by, building areas, except as otherwise specified by district regulations) or paved areas for vehicular circulation or parking.
04.1110 Overlay district. "Overlay district" means a district described by the zoning map within which, through imposition of a special designation, additional regulations and requirements apply in addition to those of the district to which such designation is added.
04.1120 Parking area private. "Private parking area" means an open area for the same uses as a private garage.
04.1130 Parking area, public. "Public parking area" means an open area, other than a street or other public way, used for the parking of automobiles and available to the public,whether for a fee, free, or as an accommodation for clients or customers.
04.1140 Parking space. "Parking space" means a permanently surfaced area of not less than one hundred eighty square feet, either within a structure or in the open, excluding driveways or access drives, for the parking of a vehicle.
04.1150 Patio structure. "Patio "structure" means an attached or detached roofed accessory structure open on one or more sides, whose principal use shall be for outdoor living and recreation. For the purposes of this section, the open sides may be closed with insect screening or readily removable flexible plastic screening not more than twenty mills thickness.
04.1160 Lath-covered structure. "Lath-covered structure" means an accessory structure with a uniformly open cover. A structure shall be deemed to have a uniformly open cover when the openings between the solid material of the lath cover are evenly spaced so as to make air and light passage possible over the entire structure.
04.1170 Passenger vehicle.
A. "Passenger vehicle" means any motor vehicle, other than a motor truck, camper vehicle, or motor home, designed for carrying not more than ten persons including the driver, and used and maintained for the transportation of persons. The term "passenger vehicle" as such term is used herein, includes within its meaning "passenger vehicle" as such term is defined in the California Vehicle Code, including such vehicle design types of sedan, sports car, station wagon, wagon bus, and jeep-type automobile; provided, that the terms "motorcycle" and "motor-driven cycle," as such terms are defined in the Vehicle Code, are included within the meaning of "passenger vehicle" as such term is used in this ordinance. Provided further, that the following motor vehicles shall be deemed to be passenger vehicles for the purposes of this ordinance:
1. Any pickup truck, or motor truck of an exterior design type such as a sedan delivery truck (provided that any such pickup truck or sedan delivery truck does not have any camper attached or does not include any enclosure exceeding the height of the passenger vehicle) , or panel truck, when such pickup truck or sedan delivery truck or panel truck is used solely for personal purposes of the owner for the transportation of persons and is not used either for business or commercial purposes (other than for transportation to and from owner's place of business and work) , or for the storage or transportation of property which is easily visible from the exterior of the vehicle;
2. Any motor vehicle of an exterior design type identical or substantially identical to a passenger vehicle of a conventional design type (including size) such as a wagon bus, notwithstanding that the interior of such vehicle has been designed, equipped or altered for human habitation in a manner similar to a "motor home" (and thus otherwise being subject to being defined as such), provided that the interior of such vehicle is not easily visible from the exterior as anything other than such a wagon bus or other passenger vehicle of conventional design type;
3. Any commercial vehicle which is not a motor vehicle of an exterior design type identical to a passenger vehicle of a conventional design type, notwithstanding that such motor vehicle is licensed as a "commercial vehicle."
B. The foregoing is subject to the following further provision: No motor vehicle which has attached or maintained on the exterior thereof any commercial or noncommercial sign shall be deemed a passenger vehicle for the purposes of this chapter, except for the minor and incidental identification of a business enterprise upon the front door of a passenger vehicle which is used by an occupant of a dwelling as the principal means of personal transportation to and from such occupant's place of business, and except for typical temporary bumper stickers and similar noncommercial signs; Any motor vehicle not meeting such conditions shall be deemed to be, whichever is most applicable, either:
1. A "motor truck" for the purposes of this chapter whether designed, used or maintained primarily for the carrying of passengers or for the transportation of property; or
2. A "commercial vehicle" for the purposes of this ordinance, whether or not such motor vehicle is of a type deemed to be or is not registered as a commercial vehicle under the California Vehicle Code.
04.1180 Performance standards. "Performance standards" means regulations for the control of "dangerous or objectionable elements," as defined in Chapter 50.
04.1190 Plan line. "Plan line" means an officially adopted line established to provide for future street widenings, construction or realignment, delineating the area open or to be open, to public use from which the minimum front and/or side set-back or yard distance of a building structure, or portion thereof, is measured. If no specific plan line is established, the plan line and the adjacent existing right-of-way of any abutting street or roadway, either public or private, shall be construed to be one and the same.
04.1200 Poultry farm. "Poultry farm" means any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation.
04.1210 Premises. "Premises" means one or more contiguous lots under a single or common assignment, lease or occupancy where the present or proposed uses on the property relate to each other by way of an integrated site layout and common vehicular circulation and parking areas.
04.1220 Principal permitted use. "Principal permitted use" means a use for which no conditional use permit is required, but which may be subject to site plan and architectural approval, planned unit development approval, or performance standards procedure, as specified in this ordinance.
04.1230 Private noncommercial use. "Private noncommercial use" means a use operated by a private nonprofit club or association such as fraternal associations, improvement associations, and similar groups; and such use having the purpose primarily of serving the members of the club or association, and including uses such as private golf courses, country clubs, swimming pools, riding clubs, private lodges, and the like.
04.1240 Produce. "Produce" means fruits, vegetables and other commodities which are derived from agricultural cultivation.
04.1250 Public use. "Public use" means a use operated exclusively by a, public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds, hospitals, and administrative and service facilities.
04.1260 Quarry. "Quarry" means a use for obtaining, extracting or producing earth, rock, crushed stone, building stone, slate, limestone, gravel, sand, minerals or similar material products, except for grading or excavation.
04.1270 Quasi-public use. "Quasi-public use" means a use operated by a private nonprofit education, religious, recreational, charitable or medical institution, such use having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, community, youth and senior citizen recreational facilities, private hospitals, and the like.
04.1280 Recreation, commercial. "Commercial recreation" means recreation facilities operated as a business and open to the general public for a fee.
04.1290 Recreation, private, noncommercial. "Private non-commercial recreation" means clubs or recreation facilities operated by a non-profit organization and open only to bona fide members of such nonprofit organization.
04.1295 Rancheria. "Rancheria" or "Reservation" means all lands within the boundaries of the Elk Valley Rancheria.
04.1300 Resident. "Resident" means a person who occupies a dwelling as a home on a permanent basis on the Rancheria and who has no other permanent place of abode.
04.1310 Roadside stand. "Roadside stand" means temporary structure used for the display and sale of produce grown by the operator of the stand.
04.1320 Sales, wholesale. "Wholesale sales" means the sale of goods for resale, or the sale of goods produced or processed from raw or primary materials on the premises, or the sale of construction materials which require bulk delivery of the product.
04.1330 Salvage yard. "Salvage yard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled or stored, including auto wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wreck mg and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.
04.1340 Sanitarium. "Sanitarium" means any premises with fifteen or more sleeping rooms where persons are lodged and furnished with meals and nursing care.
04.1350 Seat. "Seat" means a chair, stool, bench or similar facility furnished for the accommodation of guests or patrons while receiving some kind of service; each twenty-four inches of bench shall be considered equal to one seat.
04.1360 Shopping Center. "Shopping center" means a group of not less than three commercial shops on the same premises contained within a building, or buildings, of forty thousand square feet or more, planned, developed and managed as a unit.
04.1380 Site building. "Building site" means the ground area of a building or buildings, together with all open spaces required by this ordinance.
04.1385 Special flood hazard area (SFHA). "Special flood hazard area (SFHA) " means an area having special flood or flood- related erosion hazards, and shown on a Flood Boundary and Flood-way Map or Flood Insurance Rate Map as Zone A, Al-30,AE, or A99.
04.1390 Special residential care facilities. "Special residential care facilities" means any tribal or state authorized, certified, or licensed family care home, foster home or group home serving six of fewer mentally disordered or otherwise handicapped persons, or dependent and neglected children, or the elderly, when such homes provide care on a twenty-four-hour a-day basis.
04.1400 Stable. "Stable" means a building or portion thereof or other enclosure, not including pastures, used to confine, feed, exercise, show or provide shelter for horses, cows or other hoofed animals, whether for private, public or commercial use. "Stable" includes but is not limited to stall, corral, paddock, barn, exercise area and arena, along with structures accessory thereto.
04.1410 Story. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
04.1420 Story, first. "First story" means the lowest story or the ground story of any building, the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the first story.
04.1430 Story, mezzanine. "Mezzanine story" means a story which covers one-third or less of area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third of the area of the story directly underneath the mezzanine story.
04.1440 Street. "Street" means a right-of-way maintained by the Tribe, County of Del Norte or Bureau of Indian Affairs which provides a means of access to abutting property, or an approved private right-of-way which provides the sole means of access to a lot from a public right-of-way.
04.1450 Street frontage. "Street frontage" means:
A. The existence of a street lot line; or
B. The lineal foot measurement of a lot at a street lot line.
04.1460 Street improvement ordinance. "Street improvement ordinance" means an ordinance of the Tribe regarding the construction and improvement of street rights-of-way.
04.1470 Structural alterations. "Structural alterations" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
04.1480 Structure. "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, except benches, statuary, planter boxes less than thirty-six inches in height, fish ponds less than eighteen inches in depth, and wood fences seventy-two inches or under in height.
04.1485 Subdivision. "Subdivision" means the creation of a lot or parcel by lease, assignment or sale.
04.1490 Subdivision ordinance. "Subdivision ordinance" means the subdivision ordinance adopted by the Tribe.
04.1500 Swimming pool. "Swimming pool" means any constructed pool used for swimming or bathing, over eighteen inches in depth, or with a surface area exceeding two hundred fifty square feet.
04.1510 Swimming pool, private. "Private swimming pool" means all swimming pools which are used or intended to be used in connection with a single-family residence, and are available only to the family of the householder and his/her private guests.
04.1520 Swimming pool, public or semipublic. "Public or semipublic swimming pool" means any swimming pool other than a private swimming pool.
04.1530 Temporary tract office. "Temporary tract office" means an office facility used on a temporary basis only, located on or immediately adjacent to a tract or subdivision with new development thereon, for sales and administrative activity associated with the development.
04.1540 Townhouse. "Townhouse" means a dwelling unit which is a portion of a multiple dwelling and has one or more common walls with other dwelling units, where such unit is the sole dwelling unit on a separate lot, and where ownership of such dwelling unit includes an interest in common areas other than the lot upon which the dwelling unit is situated.
04.1550 Trailer. "Trailer" means a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle. The term "trailer" includes within its meaning the terms "trailer," "trailer coach," "semitrailer," "utility trailer," as such terms are used or defined in the California Vehicle Code or California Health and Safety Code. For the purposes of this ordinance, the terms "trailer," "travel trailer," and "mobile home," which are each separately defined terms in this ordinance, are mutually exclusive terms.
04.1560 Transient. "Transient" means a person whose period of residence at the place where he/she is staying does not exceed one hundred twenty days.
04.1570 Travel trailer. "Travel trailer" means a vehicle designed or used for human habitation and which may be moved upon a Tribal, County or Bureau of Indian affairs maintained highway without a special permit or chauffeur's license, or both, without violating any provision of the California Vehicle Code. The term "travel trailer" includes within its meaning the terms "travel trailer," "camp trailer," "'tent trailer," "camp car," without motive power, as such terms are used or defined in the California Vehicle Code or the California Health and Safety Code. For the purposes of this ordinance, the terms "travel trailer "trailer," and "mobile home," which are each separately defined terms in this ordinance, are mutually exclusive terms.
04.1580 Tribe. "Tribe" means the Elk Valley Rancheria.
04.1590 Truck tractor. "Truck tractor" means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than as part of the weight of the vehicle and load as drawn. The term "truck tractor" has the same meaning as the term "truck tractor" is defined in the California Vehicle Code.
04.1595 Trust lands. "Tribal lands" or "Trust lands" means all lands owned by the United States of America in trust for the Tribe regardless of its location.
04.1600 Usable open space. "Usable open space" means any open space, the smallest dimension of which is at least seven feet, and which is not used as storage or for movement of motor vehicles, except that yards abutting a pubic street which are not adequately screened for privacy shall not qualify as usable open space. Balconies, porches or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. At least thirty percent of required open space shall be contiguous to and provide for private usage of the individual dwelling unit.
04.1610 Use, allowed. "Allowed use" means a use that is either permitted or conditional within a zoning district.
04.1620 Use, permitted. "Permitted use" means a use for which no conditional use permit is required but which may be subject to other approval proceedings as specified in this ordinance.
04.1630 Vehicle. "Vehicle" means a device by which any person or property may be propelled, moved or drawn, excepting a device moved by human power (such as a bicycle) or used exclusively upon stationary road or tracks. The term "vehicle" has the same meaning as the term "vehicle" as such term is defined in the California Vehicle Code except that the term "vehicle, " as used in this ordinance, is not limited to a device which may be propelled, moved, or drawn upon a highway.
04.1640 Wall, retaining "Retaining wall" means a structure constructed to sustain a bank of earth liable to a landslide or sloughing.
04.1650 Yard, front. "Front yard" means an open space extending the full width of the lot, between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this ordinance.
04.1660 Yard, front least depth. "Front yard least depth" means the shortest distance, measured horizontally, between any part of a building, other than such parts hereinafter excepted, and the front lot line. Such depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line); provided, however, that if the proposed location of the right-of-way line of such street, as adopted by the Council, differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as adopted; or shall be measured from any officially adopted setback lines.
04.1670 Yard, rear. "Rear yard" means an open space between a building and a rear lot line, extending the full width of the lot (except for any portion thereof which overlaps a street side yard), unoccupied and unobstructed from the ground upward, except as specified elsewhere in this ordinance.
04.1680 Yard rear, least depth. "Rear yard least depth" means the shortest distance, measured horizontally between any part of a building, and the rear lot line.
04.1690 Yard required. "Required yard" means an open space or portion thereof constituting a front yard, rear yard, or side yard on a lot which complies with the minimum yard requirements of the district in which the lot is situated.
04.1700 Yard side. "Side yard" means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this ordinance.
04.1710 Yard, street side. "Street side yard" means an open space extending from the front yard to the rear lot line, between a building and the nearest side street lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this ordinance.
04.1720 Yard, side, least width. "Side yard least width" means the shortest distance, measured horizontally between any part of the building, other than such parts hereinafter excepted, and the nearest side lot line. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however that if the officially adopted location of the right-of-way line of such street differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street, as adopted.
04.1730 Zone. "Zone" means a portion of the territory of the Rancheria within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this ordinance.
04.1740 Zoning administrator. "Zoning administrator" means the person appointed by the Chairperson of the Council and approved by the Council as zoning administrator of the Tribe for the Rancheria.
04.1750 Zoning permit. "Zoning permit" means a document issued by the building inspector, certifying that proposed buildings, structures or uses are consistent with the terms of this ordinance.
06.020 Listing of use groups.
06.030 Classification of proposed uses.
06.010 Purpose. The purpose of this chapter is to classify land uses into specific categories known as "use groups" on the basis of common functional, product and compatibility characteristics.
06.020 Listing of use groups. The following use groups are hereby established:
Group 2 Residential.
2a Single-family Residences. Non transient residential occupancy of a single-family living unit.
Examples: Single-family house;
Single-family manufactured house on permanent foundation.
2b Two-family Residences. Nontransient residential occupancy of a building or structure containing two single-family dwelling units.
2c Group Residential. Nontransient residential occupancy of five or more dwelling units.
Fourplex; Apartment house;
Rooming or boardinghouse;
Fraternity or sorority house;
Dormitory Residence club;
2d Mobile Home Parks. Nontransient residential occupancy of two or more mobile homes within a mobile home park.
Group 4 Visitor Accommodation.
4a Campgrounds. Establishments primarily engaged in providing overnight, transient or short-term sites for trailers, campers or tents.
Recreational vehicle park.
4b Tourist Accommodations. Establishments primarily engaged in providing overnight, transient or short-term lodging for tourists and travelers.
Tourist cabin or court.
4c Bed and Breakfast Facilities. Examples: Bed and breakfast facility serving tourists and visitors may be provided in existing residential structures of historical or architectural significance.
Group 6 Business and Professional Offices.
6a Administrative and Professional Offices. Offices of firms or organizations which provide professional, administrative, executive or management services.
Examples: Law office;
6b Business Services. Establishments primarily engaged in the provision of services of a clerical, employment, protective, or minor processing nature.
Examples: Blueprint services;
Job counseling services;
Telephone answering services;
6c Financial, Insurance and Real Estate Services. Establishments primarily engaged in the provision of services of financial, insurance, real estate, or securities brokerage services.
Real estate office;
Savings and loan office;
Title insurance company.
6d Medical Offices. Establishments providing licensed health care services, but not including hospitals or residential health care facilities.
Examples: Doctor's office;
Physical therapist's office;
Group 8 Business Support Services.
8a Building Maintenance Services. Establishments primarily engaged in the provision of maintenance and custodial services.
Examples: Janitorial service;
Window cleaning service;
Landscape maintenance service.
8b Business Equipment Sales and Services. Establishments primarily engaged in the sale, rental, or repair of equipment or supplies used by business and professional offices.
Examples: Business machine repair shop;
Hotel equipment and supply firm;
Office equipment and supply firm.
Group 10 General Consumer Services.
10a Cosmetic Services. Establishments primarily engaged in the provision of grooming and cosmetic services to humans.
Examples: Barber shop;
10b Light Commercial Services. Establishments primarily engaged in the provision of light commercial services.
Examples: Photographic studio;
Costume rental shop;
Music lesson studio;
10c Consumer Repair Services. Establishments primarily engaged in repairing consumer goods.
Examples: Tailor's shop;
Apparel pressing, repair and alteration services;
Gunsmith's shop; Locksmith's shop;
Radio/television repair shop;
Shoe repair shop; Watch, clock and jewelry repair services.
Not included: Automotive repair services.
Group 12 Retail Trade.
12a General Retail Trade. Establishments primarily engaged in the retail sale of commonly needed consumer goods, entirely within enclosed buildings of no more than twenty thousand square feet.
Examples: Auto parts shop selling new or reconditioned goods;
Clothing or drygoods store;
Bookstore or newsstand;
Home supply store;
Heating, plumbing or electrical supply shop.
Adult book shop;
Wholesale or nonretail sales;
Outdoor storage of goods;
Auto wrecking or dismantling;
Heavy or industrial equipment sales.
12b Retail Trade 'Within Large Enclosures. Establishments engaged in the retail sale of commonly needed consumer goods, within enclosed buildings of more than twenty thousand square feet.
Examples: As listed under Group 12a.
Not included: As listed under Group 12a.
12c Shopping Center. A group of three or more commercial shops, or establishments on the same premises contained within or more buildings having an aggregate of forty thousand square feet or more of interior space, planned, developed and managed as a unit.
Example: Shopping center containing large grocery, drug or discount stores.
Not included: As listed under Group 12a.
12d Construction Yard Sales. Establishments primarily engaged in outdoor retail sale of home improvement and building materials.
Examples: Retail lumberyard;
Building supply yard.
Contractor's storage yard;
Storage or sale of nonretail goods;
Group 14 Eating and Drinking Places.
14a Eating Places. Establishments primarily engaged in retail sale,of prepared foods and drink, including the incidental sale of alcoholic beverages.
Examples: Restaurant or dinner house;
Cafeteria or lunch counter;
Fast food restaurants.
Not included: Bars and places primarily engaged in sale of alcoholic beverages by the drink.
14b Drinking Places. Establishments primarily engaged in the retail sale of alcoholic drinks, including liquor, spirits, beer and wine, for consumption on the premises, including the incidental sale of prepared foods.
Cabaret or discotheque;
Tap room or beer garden;
14c Drive-In Restaurants. Establishments engaged in the retail sale of food and drink where automobile driver-in or drive- through facilities (other than parking lots) are provided.
Examples: Drive-in restaurant;
Fast-food restaurant with automobile window service.
Group 16 Adult Entertainment. Businesses engaged in providing "adult entertainment."
Group 18 Social Services.
18a Individual and Family Services. Establishments primarily engaged in providing social services (including counseling, welfare, referral, disaster, and temporary relief services) to families and individuals.
Examples: Senior citizens' center;
Community service bureau or league;
Adult day care center.
18b Vocational Services. Establishments primarily engaged in job training and vocational rehabilitation of unemployed, handicapped and disadvantaged persons.
Examples: Job Corps center;
Vocational rehabilitation center;
Job training facility.
18c Child Day Care Services. Establishments primarily engaged in providing day care for infants, children and minors, or in providing prekindergarten education, where medical care or delinquency correction is not a substantial element of the use.
Examples: Child or day center;
Group 20 Private Institutions.
20a Private Educational or Religious Institutions. Institutions providing educational or religious facilities or services which are not owned or operated by a governmental entity.
Examples: Church or synagogue;
High school or junior high school;
20b Cultural or Social Institutions. Institutions providing cultural or social facilities or services.
Fraternal or lodge hall;
20c Health Care Institutions. Hospitals and similar licensed health care institutions providing impatient facilities or treatment.
Convalescent home or hospital.
Group 22 Sports and Recreational Facilities.
22a Indoor Sports and Recreation Facilities. Commercial sports and recreational uses conducted within an enclosed building.
Examples: Bowling alley;
Electronic amusement center;
Judo or karate studio;
Tennis, handball or racquetball court;
Dance hall, studio or school;
Skating or roller rink.
22b Outdoor Sports or Recreational facilities. Commercial sports or recreational uses conducted in outdoor or open facilities.
Examples: Ball park;
Golf course or driving range;
Rod and gun club;
Riding academy or stable;
Miniature golf course;
Sport fishing farm or pool.
Group 24 Automotive.
24a Light Automotive Repair. Establishments engaged in repair of automobiles, and the incidental sale, installation or repair of automotive equipment or parts, with use of no more than two bays.
Examples: Small auto repair shop; Auto glass, muffler or brake shop; Battery or tire installation.
Body and fender shop;
Auto wrecking or dismantling;
24b Major Auto Repair. General repair and maintenance of automobiles and trucks, and the incidental sale, installation or repair of automotive equipment or parts; with use of more than two bays.
Engine removal or rebuilding;
Automotive machine shop;
Body and fender shop;
24c Auto Sale and Rental. Retail or wholesale or rental of automobiles, motorcycles, recreational vehicles, pickup trucks, and noncommercial trucks, with incidental repair or maintenance.
Examples: Automotive dealership;
Car rental agency;
Recreational vehicle dealership.
24d Car Washes. Washing and polishing of autos.
Examples: Auto laundries;
Group 26 Vehicular Storage.
26a Impound Storage. Storage of impounded or towed motor vehicles.
Examples: Impound yard;
Tow away storage.
Not included: Wrecking or dismantling yard.
26b Recreational Vehicle Storage. Storage of recreational vehicles and boats.
26c Fleet storage. Storage or parking of vehicles primarily used for commercial or business purposes, except, as otherwise permitted as an accessory use.
Examples: Fleet storage yard;
Bus or taxi yard;
Truck parking or storage yard.
Wrecking or dismantling yard.
26d General Parking. Parking of motor vehicles on a temporary basis within a privately owned off-street parking area, with or without a fee, except as otherwise permitted as an accessory use.
Examples: Commercial parking lot;
Underground parking lot.
Group 28 Vehicle Fuel Sales
28a Retail Gasoline Sales. Retail sales, on the premises, of gasoline or other vehicular fuel, together with incidental sale of tires, batteries, small parts, and the provision of minor repair services and lubrication.
Examples: Auto filling station;
28b Truck stops. Establishments primarily engaged in the roadside service of the trucking industry, including truck cleaning facilities, minor repair services, shower facilities, and incidental eating facilities and retail sales.
Group 30 Light Equipment Repair and Sale.
30a Light Equipment Repair. Repair and servicing of light mechanical equipment such as lawnmowers, chainsaws and garden tractors; where conducted entirely within an enclosed, sound- insulated structure.
30b Light Equipment Sale. Retail or wholesale sale or rental, of light mechanical equipment, where all equipment is stored indoors or behind a view-obscuring fence, together with incidental repair and servicing.
Group 32. Heavy Equipment Repair and Sale.
32a Heavy Equipment Repair. Repair and servicing of heavy equipment, such as farm and construction equipment, and trucks, including body repair, painting and steam-cleaning.
32b Heavy Equipment Sale. Retail or wholesale sale or rental, from the premises, of heavy equipment, including construction equipment, trucks, and farm equipment, together with incidental maintenance of rental equipment.
Group 34 Wholesaling, Storage and Distribution.
34a Indoor Wholesaling and Storage. Storage, wholesaling, warehousing and distribution of goods and products within an enclosed building.
Moving and storage firm;
34b Outdoor Wholesaling and Storage. Storage, wholesaling, distribution and handling of goods; materials and equipment outdoors.
Examples: Grain elevator;
Monument or stone yard;
Open storage yard.
34c Fuel Jobbing. Storage of fuels primarily for distribution and equipment, not including retail sales, together with incidental office uses.
Group 36 Public Services.
36a Minor Transportation. Use of land for transportation of goods and services, including appurtenances such as signs, signals, poles and power lines, but not including streets or highways.
Example: Ferry Dock.
Not included:Railroad yards, switching facilities, sidings.
36b Public Service Facilities. Use of land for public utility distribution centers.
Examples: Electrical substation;
Electrical transmission line;
Gas metering station;
Water or sewer pumping station;
Transmission tower for radio or television;
Water storage tank or tower.
36c Major transportation. Major public transportation facilities.
Examples: Airport or flight strip;
Railroad terminal or depot;
Railroad yard or switching area;
Group 38 Public Facilities. Provision of public services and facilities by governmental entities.
Examples: Tribal Council office;
Public school (elementary, junior high, and high);
Fire or police station;
Historical landmark or building;
Park or playground;
Public recreation center.
Group 40 Festival Activities. Pow Wows, festivals, carnivals and similar activities conducted outdoors or in temporary tents or structures, involving concentrations of people.
Examples: Pow Wows;
Group 42 Agriculture.
42a General Agriculture. Agricultural uses under this group shall be limited to the following:
1. Small-scale hatching, raising, breeding, butchering and marketing of small farm animals such as chickens, turkeys, poultry and eggs, rabbits, fish, frogs, mink and chinchilla; provided that not more than one hundred mature animals of all species combined may be kept, fed or maintained on parcels of less than five acres;
2. Commercial grazing of cattle, horses, sheep, goats, hogs and other farm stock; provided, that on parcels of less than five acres not more than two such animals per acre shall be kept or maintained; and provided further, that there shall be no limit on the number per acre of sheep grazed on fields for the purpose of cleaning up unharvested crops where such grazing is not continued for more than four weeks in any six-month period;
3. Selective or experimental breeding, and raising and training, or cattle, horses, sheep, goats, hogs and other farm stock subject to the limitations set forth in subsection 2 above;
4. Crop, truck and tree farming;
5. Propagation and raising of plants and nursery stock in greenhouse;
6. Stands for the display and sale of produce grown on the premises where the stand is located;
7. Wholesale and retail sale of nursery products.
Not included: Uses described under Groups 42b and c.
42b Concentrated Stock Operations. Concentrated feeding, breeding, boarding and handling of farm and domestic animals.
Examples: Feed lot;
Auction or sales yard;
Dog kennel or breeding facility;
42c Heavy Agriculture. Processing of agricultural products for wholesale or retail sale.
Examples: Packing shed;
Processing operation, including canning, freezing or dehydrating;
Meat packing plant.
Not included: Small scale animal processing operations incidental to uses permitted under Group 42b.
Group 44 Gaming Activities. The conducting of any Class I, II or III gaming as defined by the Indian Gaming Regulatory Act, 25 U.S.C. §270l et seq. and conducted in accordance with an ordinance adopted by the Tribe and approved by the National Indian Gaming Commission.
Examples: Gaming Facility
Off-Track Betting Facility
Group 46 Interment Services.
46a Cremation. Cremation of human remains.
46b Interment. Interment of human remains.
46c Undertaking. Undertaking services for dead human bodies, including the operation of funeral homes or other disposal.
Group 48 Custom Manufacturing. Small shops engaged in the custom manufacturing of goods by hand, having facilities for no more than three workers, and using machines of no more than 7.5 horsepower.
Examples: Cabinet shop;
Custom furniture shop;
Custom metal working shop;
Stained glass studio;
Custom woodworking shop.
Group 49 Research and Development Laboratories. Establishments primarily engaged in laboratory or other physical research and development.
Examples: Chemical laboratories;
Development of computer and related technology;
Group 50 Industrial.
50a General Industrial. Industrial plants and facilities used primarily for the manufacturing compounding, processing, assembling, packaging, treatment or fabrication of goods, materials and products.
Examples: Facility to assemble electronic appliances, instruments and devices (e.g., radios, computers, calculators, phonographs, coils, condensers, transformers, crystal holders, and other similar items);
Laboratory (e.g., experimental, photo or motion picture, research or testing);
Facility to manufacture, compound, process, package or treat such products as the following:
Cosmetics or perfumes;
Drugs or pharmaceuticals;
Perfumed toilet soap;
Facility to manufacture, compound, assemble, package or treat articles or merchandise from previously prepared materials such as the following;
Precious or semi-precious metals or stones;
Previously pulverized clay.
Rendering of fats and oils;
Manufacture of paint employing a boiling process
50b Intermediate Industrial. Any production, processing, cleaning, service, testing, repair, or storage of materials other than those listed under Use Group 50a of this chapter.
Examples: Cabinet shop;
Sheet metal shop;
50ca Heavy Industrial. Uses which involve inherently dangerous or objectionable elements difficult to control.
Examples: Acetylene gas manufacture or storage;
Acid manufacture and reclaiming;
Ammonia, bleaching powder or chlorine manufacture;
Asphalt manufacture and refining;
Automobile assembly plant;
Brick, tile, cement block or terracotta;
Concrete products manufacture;
Cotton gin or oil mill;
Freight classification yard;
Gas, processing and manufacturing;
Iron, steel, brass or copper foundry or fabrication plant;
Manufacture, including heavy tile products;
Natural gas, processing and absorption plants;
Oilcloth or linoleum manufacture;
Oil, extracting and dehydration facilities or reduction;
Paint, oil, shellac, turpentine or varnish manufacture;
Paper pulp manufacture;
Petroleum refinery, together with all plants and facilities incidental to the operation thereof in connection with the manufacture of all present and future byproducts of oil, petroleum, gas, gasoline and other hydrocarbon substances;
Petroleum: storage, processing, transportation and distribution of oil, petroleum, gas, gasoline and other hydrocarbon substances;
Plastic, manufacture of;
Potash works; Railroad repair shop;
Soda and compound manufacture;
Stove and shoe polish manufacture;
Tar distillation or tar products manufacture;
Wool pullings, scoring.
50d Very Heavy Industrial. Uses which involve processes prone to excessive noise or other nuisance.
Examples: Blast furnace or coke oven;
Cement, lime, gypsum or plaster of Paris, manufacture;
Distillation of bones;
Drop forge industry;
Explosives, manufacture or storage;
Garbage, offal or dead animal reduction or dumping;
Oil extraction plants, other than petroleum products;
Rubber, reclaiming, or the manufacture of synthetic rubber or its constituents;
Rock crusher; Smelting of tin, copper, zinc, nickel, iron ores;
Storage or bailing of rags, paper, iron or junk;
Tannery or the curing of storing of raw hides;
Lumber and planing mill.
Group 52 Semi-conductor Manufacturing. Establishments primarily engaged in manufacturing semiconductor and related solid state devices.
Examples: Circuit boards;
Hybrid integrated circuits;
Light sensitive devices;
Monolithic integrated circuits;
Semiconductor circuit networks;
Solid state electronic devices;
Group 54 Extractive. Operation of equipment for the removal of deposits of natural minerals, fossil fuels and diatomaceous earth, including necessary exploration activities.
Examples: Gas and oil;
Metallic and nonmetallic mineral removal;
Diatomaceous earth removal;
Sand and gravel removal.
Group 56 Scrap Operations. Places of business primarily engaged in the storage, sale, dismantling or other processing of waste materials which are not intended for reuse in their original form.
Examples: Automotive wrecking yards;
Paper salvage yards;
06.030 Classification of proposed uses. In classifying proposed uses within the use groups listed in Section 06.020, the following rules shall apply:
A. Each proposed use shall be deemed to fall within the use group which it most closely resembles, based upon common functional, product and compatibility characteristics.
B. Multiple uses proposed by one or more persons shall be classified separately into appropriate use groups.
08.010 Primary zones established.
08.020 Combining zones established.
08.030 Location and boundaries.
08.040 Zoning map.
08.050 Correction of errors in map.
08.060 Determining uncertain boundaries.
08.070 Principal zone regulations.
08.080 Combining zoning regulations.
08.010 Primary zones established. The following primary zones are hereby established:
08.020 Combining zones established. In addition to the primary zones established by Section 08.010, the following combined zones are hereby established:
|Planned unit development||-PD|
|Special lot size.||-B.|
08.030 Location and boundaries. The designations, locations and boundaries of the zones established by this chapter shall be shown on a zoning map of the Rancheria adopted by the Council. The zoning map, together with all notations, references, data and other information shown thereon, shall be a part of this ordinance and subject to all of its regulations.
08.040 Zoning map. This section consists of the zoning map of the Rancheria, true copies of which are on file in the Tribal Council Office of the Tribe. The zoning map may be amended, in whole or in part, in accordance with the provisions of Chapter 78.
08.050 Correction of errors in map. Upon written application or its own motion, the council may make a specific finding that a clerical error is contained in the zoning map and direct staff to correct same.
08.060 Determining uncertain boundaries. Where uncertainty exists with respect to the boundaries of the various zones, the following rules shall apply:
A. Where the indicated zoning boundaries are approximately street or alley lines, the centerlines of such streets or alleys shall be construed to be such boundaries.
B. Where the zoning boundaries are not shown to be streets or alleys, and where the indicated boundaries are approximately section or lot lines, said lines shall be construed to be zone boundaries, unless such boundaries are otherwise indicated.
C. Where property is indicated on the zoning map as acreage and not subdivided into lots and blocks, or where the zone boundary lines are not approximately street, alley or lot lines, the zone boundary lines on the zoning map shall be determined by scale contained on such map, and where uncertainty exists, the zone boundary line shall be determined by the planning commission.
08.070 Principal zone regulations. In addition to the regulations specified in this ordinance for each of the principal zones, the general regulations set forth in Chapters 50 through 72 shall be applicable to each and every such zone. In the event of conflict between the particular regulations for each zone set forth in this ordinance and the general regulations for each zone set forth in this chapter and in Chapters 50 through 72, the more restrictive regulations shall apply.
08.080 Combining zone regulations. The regulations set forth in this ordinance for each of the combining zones shall modify the regulations for the principal zones with which they are combined. All uses and regulations of the principal Zone shall apply in the combined zone, except insofar as they are modified or augmented by the uses and regulations set forth in the combining zone regulations.
08.090 Applicability. All territory of the Rancheria shall be classified as shown on the zoning map adopted as part of this ordinance.
Ordinances of the Elk Valley Rancheria, California