Ordinances of the Elk Valley Rancheria, California

AN ORDINANCE OF THE TRIBAL COUNCIL FOR THE ELK VALLEY RANCHERIA ADOPTING ZONING AND LAND USE REGULATIONS FOR THE ELK VALLEY INDIAN RANCHERIA

Zoning and Land Use Ordinance -- Chapters 10-54 [Part 2]

[Chapter Listing]

ZONING AND LAND USE ORDINANCE

CHAPTER 10 - AGRICULTURAL (A) ZONE

Sections:

10.010 Purpose.
10.020 Principal permitted uses.
10.030 Conditional uses.
10.040 Height regulations.
10.050 Lot regulations.
10.060 Additional regulations.

10.010 Purpose. The agricultural (A) zone is intended to preserve lands best suited for agricultural use from the encroachment of incompatible uses, and to preserve in agricultural use land suited to eventual development in other uses, pending proper timing for the economical provisions of utilities, major streets and other facilities, so that compact, orderly development will occur.

10.020 Principal Permitted uses. The following are principal permitted uses in the A zone:

Use group	2	(a) Single-family residences;
	42	(a) General agriculture; Agriculture accessory buildings and uses.

10.030 Conditional uses. The following are conditional uses in the A zone:

Use group	4	(a) Campgrounds;
	18	(c) Child day care services;
	22	(b) Outdoor sports or recreational facilities;
	36	(b) Public service facilities;
	40	Festival activities;
	42	(b) Concentrated stock operations;
	42	(c) Heavy agriculture.

10.040 Height regulations. No structure shall exceed thirty feet in height in the A zone.

10.050 Lot regulations. The following minimum lot regulations shall apply in the A zone, except in the case of greenhouses:

A. Lot area, Five acres;

B. Lot width, Three hundred feet;

C. Front yard, Twenty-five feet;

D. Side yards, Ten feet;

E. Rear yard, Twenty-five feet.

10.060 Additional regulations. The following regulations also shall apply in the A zone:

A. Any structure or enclosure, not including pastures, in which livestock (except domestic pets in household numbers, or animals) is contained, shall be not less than two hundred feet from any residential or commercial district, or from any school or institution for human care.

B. The following standards shall apply to greenhouses:

1. The maximum noise level at the property line resulting from fans or equipment shall not exceed forty-five CNEL.

2. No direct or sky-reflected glare from any light source emanating from a greenhouse shall exceed 0.1 foot- candle.

3. All activities involving and all storage of flammable explosive materials or potentially harmful chemicals shall be subject to approval by the fire chief or tribal conservation officer as appropriate.

4. An on-site drainage system shall be provided to keep run-off from greenhouse operations off of adjacent assignments, lots or properties.

CHAPTER 12 - RESIDENTIAL ESTATES (RE) ZONE

Sections:

12.010 Purpose.
12.020 Principal permitted uses.
12.030 Conditional uses.
12.040 Lot regulations.

12.010 Purpose. The residential estates (RE.) zone is intended to promote and encourage environment for family life on large parcels of land. The RE zone is intended to be applied to areas of the Rancheria particularly suited for large-lot development of single-family residences and appropriate agricultural uses.

12.020 Principal Permitted uses. The following are principal permitted uses in the RE zone:

Use group    2   (a) Single-family Residences.

12.030 Conditional uses. The following are conditional uses in the RE zone:

Use group	18	(c) Child day care services;
	20	(a) Private educational or religious institutions;
	22	(b) Outdoor sports or recreational facilities;
	36	(b) Public service facilities;
	42	(a) General agriculture

12.040 Lot regulations. The following lot regulations shall apply in the RE zone:

A.	Minimum lot area	7,200 square feet;
B.	Minimum lot width	60 feet;
C.	Maximum lot depth	2 times lot width;
D.	Maximum ground coverage	25 percent
E.	Minimum yards: 1. Front 2. Rear 3. Side	25 feet; 20 feet; 10 feet;
F.	Maximum building height	35 feet.

Sections:

14.010 Purpose.
14.020 Principal permitted uses.
14.030 Conditional uses.
14.040 Lot regulations.
14.050 Bed and breakfast facility standards.

14.010 Purpose. The single-family residence (R1) zone is intended to stabilize and protect residential characteristics and to promote and encourage a suitable environment for family life. The R1 zone is intended for single-family dwellings and appurtenant uses.

14.020 Principal Permitted uses. The following are principal permitted uses in the R1 zone:

Use Group        2 (a) Single-family Residences.

14.030 Conditional uses. The following are conditional uses in the R1 zone:

Use Group	4	(c) Bed and Breakfast facilities;
	18	(c) Child day care services;
	20	(a) Private educational or religious institutions;
	22	(b) Outdoor sports or recreational facilities;
	36	(b) Public service facilities;
	42	(a) General agriculture;
	46	Interment services.

14.040 Lot regulations. The following regulations apply to lots in the R1 zone:

A.	Minimum lot area	6,000 square feet;
B.	Minimum lot width	60 feet;
C.	Maximum lot depth	3 times lot width;
D.	Maximum ground coverage	40 percent
E.	Minimum yards: 1. Front 2. Rear 3. Side	20 feet; 20 feet; 6 feet;
F.	Maximum building height	35 feet.

14.050 Bed and breakfast facility standards. The following standards shall govern the establishment of bed and breakfast facilities within the single-family residence zone (R1):

A. The structure shall serve as the primary residence of the lessee or assignee and the bed and breakfast use shall be operated as an accessory use to the lessee or assignee's residence.

B. The residential and any historic character of the building shall be preserved.

C. There shall be a maximum of four guestrooms per parcel.

D. No meals shall be served other than to overnight guests of the bed and breakfast facility.

E. One off-street parking space meeting the requirements of Chapter 52 shall be provided for each guestroom used in the non-residential operation in addition to the two spaces required for the residence, unless the bed and breakfast facility is within three hundred feet of a public parking lot.

F. Signs may be permitted in connection with this use in an R1 zone, but shall be limited to no more than eight square feet in area and shall be considered as part of the review for the conditional use permit.

CHAPTER 16 - RESIDENTIAL MEDIUM-DENSITY (R2) ZONE

Sections:

16.010 Purpose.
16.020 Principal permitted use.
16.030 Conditional uses.
16.040 Lot regulations.

16.010 Purpose. The residential medium-density (R2) Zone is intended to stabilize and protect residential characteristics, and to promote intermediate density residential development.

16.020 Principal permitted uses. The following are principal permitted uses in the R2 zone:

Use Group	2	(a) Single-family residences;
	2	(b) Two-family residences.

16.030 Conditional uses. The following are conditional uses in the R2 zone:

Use Group	2	(c) Group residential;
	18	(c) Child day care services;
	20	(a) Private educational or religious institutions;
	22	(b) Outdoor sports or recreational facilities;
	36	(b) Public service facilities;
	42	(a) General agriculture;
	46	Interment services.

16.040 Lot regulations. The following regulations apply to lots in the R2 zone:

A.	Minimum lot area	6,000 square feet, but not less than 3,000 square feet per dwelling unit;
B.	Minimum lot width	60 feet;
C.	Maximum ground coverage	50 percent
D.	Minimum yards: 1. Front 2. Rear 3. Side	20 feet; 20 feet; 6 feet;
E.	Special yards for dwelling	The distance between separate buildings of a dwelling group shall be not less than 12 feet;
F.	Maximum building height	35 feet.

CHAPTER 18 - MULTIPLE-RESIDENCE (R3) ZONE

Sections:

18.010 Purpose.
18.020 Principal permitted uses.
18.030 Conditional uses.
18.040 Lot regulations.

18.010 Purpose. The multiple-residence (R3) zone is intended to stabilize and protect residential characteristics and to promote higher-density residential development.

18.020 Principal permitted uses. The following are principal permitted uses in the R3 zone:

Use Group 2 Residential

18.030 Conditional uses. The following are conditional uses in the R3 zone:

Use Group	6		Business and professional offices;
	18	(c)	Child day care services;
	20	(a)	Private educational or religious institutions;
	20	(c)	Health care institutions;
	22	(b)	Outdoor sports or recreational facilities;
	36	(b)	Public service facilities;
	46		Interment services.

18.040 Lot regulations. The following regulations apply to lots in the R3 zone:

A.	Minimum lot area	6,000 square feet, but not less than 1,500 square feet for each dwelling unit;
B.	Maximum ground coverage	60 percent;
C.	Minimum lot width	60 feet;
D.	Maximum lot depth	3 times lot width;
E.	Minimum yards: 1. Front 2. Rear 3. Side	20 feet; 15 feet; 6 feet;
F.	Special yards for dwelling groups	The distance between separate buildings of a dwelling group shall be not less than 12 feet. (The front of any dwelling group shall be set back a minimum of 12 feet from any side of a lot line which it faces);
G.	Maximum building height	40 feet.

CHAPTER 20 - ADMINISTRATIVE OFFICE (CO) ZONE

Sections:

20.010 Purpose.
20.020 Principal permitted uses.
20.030 Conditional uses.
20.040 Lot regulations.

20.010 Purpose. The administrative office (CO) zone is intended to provide professional, business and related services in areas adjacent to tribal administrative centers.

20.020 Principal permitted uses. The following are principal permitted uses in the CO zone:

Use Group	6		Business and professional offices;
	18	(a)	Individual and family services;
	18	(b)	Vocational services;
	46	(c)	Undertaking.

20.030 Conditional uses. The following are conditional uses in the CO zone:

Use Group	2	(a)	Single-family residence as an accessory to permitted use;
	4	(b)	Tourist accommodations;
	8		Business support services;
	12	(a)	General retail trade;
	14	(a)	Eating places;
	14	(b)	Drinking places;
	20	(c)	Health care institutions;
	26	(d)	General parking.

20.040 Lot regulations. The following regulations apply to lots in the CO zone:

A.	Minimum lot area	5,000 square feet;
B.	Maximum lot width	60 feet;
C.	Minimum yards: 1. Front	10 feet, except that where frontage is in a block which is partially in an R zone, the front yard shall be the same as that required in such R zone;
	2. Rear	15 feet, except that where a rear yard abuts on an alley, such rear yard may be not less than 5 feet;
	3. Side	None, except that a side yard of a lot abutting on a lot in an R zone shall be not less than the front yard required in such R zone;
D.	Maximum building height	45 feet.

CHAPTER 22 - COMMUNITY COMMERCIAL (C1) ZONE

Sections:

22.010 Purpose.
22.020 Principal permitted uses.
22.030 Conditional uses.
22.040 Lot regulations.

22.010 Purpose. The community commercial (C1) zone is intended to provide services and meet the general commercial needs of the Tribe and Rancheria community.

22.020 Principal permitted uses. The following are principal permitted uses in the C1 zone:

Use Group	6		Business and professional offices;
	8		Business support services;
	10		General consumer services;
	12	(a)	General retail trade;
	14	(a)	Eating places;
	18		Social services;
	20	(a)	Private educational or religious institutions;
	20	(b)	Cultural or social institutions;
	22	(a)	Indoor sports and recreational facilities;
	30		Light equipment repair and sale;
	44		Gaming Activities;
	46	(a)	Cremation;
	46	(c)	Undertaking.

22.030 Conditional uses. The following are conditional uses in the C1 zone:

Use Group	2	(a)	Single-family residence as accessory to permitted use;
	4	(b)	Tourist accommodations;
	12		Retail trade, except general retail trade;
	14	(b)	Drinking places;
	14	(c)	Drive-in restaurants;
	16		Adult entertainment;
	20	(c)	Health care institutions;
	24	(a)	Light automotive repair;
	26	(d)	General parking;
	28	(a)	Retail gasoline sales;
	40		Festival activities;
	46	(b)	Interment;
	48		Custom manufacturing.

22.040 Lot regulations. The following regulations apply to lots in the C1 zone:

A.	Minimum lot area	6,000 square feet;
B.	Minimum lot width	60 feet;
C.	Minimum yards: 1. Front	10 feet, except that where frontage is in a block which is partially in an R zone, the front yard shall be the same as that required in such R zone;
	2. Rear	15 feet, except that where a rear yard abuts on an alley, or street such rear yard may be not less than 5 feet;
	3. Side	None, except that a side yard of a lot abutting on a lot in an R zone shall be not less than the front yard required in such R zone;
D.	Maximum building height	45 feet.

CHAPTER 24 - HEAVY COMMERCIAL (C2) ZONE

Sections:

24.010 Purpose.
24.020 Principal permitted uses.
24.030 Conditional uses.
24.040 Lot regulations.

24.010 Purpose. The heavy commercial (C2) zone is intended to provide services and commercial facilities of a heavier nature than in the community commercial (C1) zone.

24.020 Principal permitted uses. The following are principal permitted uses in the C2 zone:

Use Group	4	(b)	Tourist accommodations;
	6		Business and professional offices;
	8		Business support services;
	10		General consumer services;
	12	(a)	General retail trade;
	14	(a)	Eating places;
	16		Adult entertainment;
	18		Social services;
	20	(a)	Private educational or religious institutions;
	20	(b)	Cultural or social institutions
	22	(a)	Indoor sports and recreation facilities;
	24	(a)	Light automotive repair;
	24	(c)	Auto sale and rental;
	24	(d)	Car washes;
	30		Light equipment repair and sale;
	32	(b)	Heavy equipment sale;
	46	(a)	Cremation;
	46	(c)	Undertaking.

24.030 Conditional uses. The following are conditional uses in the C2 zone:

Use Group	2	(a)	Single-family dwelling as an accessory to a permitted use;
	4	(a)	Campgrounds;
	12		Retail trade, except general retail trade;
	14	(b)	Drinking places;
	14	(c)	Drive-in restaurants;
	20	(c)	Health care institutions;
	22	(b)	Outdoor sports or recreational facilities;
	24	(b)	Major auto repair;
	28		Vehicle fuel sales;
	32	(a)	Heavy equipment repair;
	34	(d)	Construction yards;
	40		Festival activities;
	46	(b)	Interment;
	48		Custom manufacturing.

24.040 Lot regulations. The following regulations apply to lots in the C2 zone:

A.	Minimum lot area	6,000 square feet;
B.	Minimum lot width	60 feet;
C.	Minimum yards: 1. Front 2. Rear/side	15 feet; None, except that where a yard abuts on an R zone such yard shall be not less than 15 feet;
D.	Maximum building height	45 feet.

CHAPTER 26 - LIMITED INDUSTRIAL (ML) ZONE

Sections:

26.010 Purpose.
26.020 Principal permitted uses.
26.030 Conditional uses.
26.040 Lot regulations.

26.010 Purpose. The limited industrial (ML) zone is intended to apply to areas in which light manufacturing and heavy commercial uses of a non-nuisance type and large administrative facilities are the desirable predominant uses

26.020 Principal permitted uses. The following are principal permitted uses in the ML zone:

Use Group	24		Automotive, except auto sale and rental;
	32		Heavy equipment repair and sale;
	34	(a)	Indoor wholesaling and storage;
	42	(a)	General agriculture;
	48		Custom manufacturing;
	50	(a)	General industrial.

26.030 Conditional uses. The following are conditional uses in the ML zone:

Use Group	2	(a)	Single-family residence as an accessory to a permitted use;
	22	(b)	Outdoor sports or recreational facilities;
	26		Vehicular storage;
	28	(b)	Truck stops;
	34		Wholesaling, storage and distribution; except indoor wholesaling and storage;
	36	(b)	Public service facilities;
	40		Festival activities;
	42	(b)	Concentrated stock operations;
	50	(b)	Intermediate industrial;
	54		Extractive;
	56		Scrap operations.

26.040 Lot regulations. The following regulations apply to lots in the ML zone:

A.	Minimum lot area	6,000 square feet;
B.	Minimum lot width	60 feet;
C.	Minimum yards: 1. Front 2. Rear/side	15 feet; None, except that where a yard abuts on an R zone such yard shall be not less than 20 feet;
D.	Maximum building height	45 feet.

CHAPTER 28 - HEAVY INDUSTRIAL (MH) ZONE

Sections:

28.010 Purpose.
28.020 Principal permitted uses.
28.030 Conditional uses.
28.040 Lot regulations.

28.010 Purpose. The heavy industrial (MH) zone is intended to apply to areas devoted to normal operations of industries, subject only to such regulations as are needed to control nuisances and protect surrounding areas.

28.020 Principal permitted uses. The following are principal permitted uses in the MH zone:

Use Group	24		Automotive;
	26		Vehicular storage;
	28	(b)	Truck stops;
	32		Heavy equipment repair and sale;
	34		Wholesaling, storage and distribution, except fuel jobbing;
	36		Public services;
	42	(a)	General agriculture;
	48		Custom manufacturing;
	50	(a)	General industrial;
	50	(b)	Intermediate industrial.

28.030 Conditional uses. The following are conditional uses in the MH zone:

Use Group	2	(a)	Single-family residence as an accessory to a permitted use;
	22	(b)	Outdoor sports or recreational facilities;
	34	(c)	Fuel jobbing;
	40		Festival activities;
	42	(b)	Concentrated stock operations;
	42	(c)	Heavy agriculture;
	50	(c)	Heavy industrial;
	50	(d)	Very heavy industrial;
	54		Extractive;
	56		Scrap operations.

28.040 Lot regulations. The following regulations apply to lots in the MH zone:

None, except when abutting an R zone, then the yard setback abutting the R zone must be twenty feet.

CHAPTER 29 - INDUSTRIAL PARK (I-P) ZONE

Sections:

29.010 Purpose.
29.020 Principal permitted uses.
29.030 Conditional uses.
29.040 Lot regulations.
29.050 Additional regulations.

29.010 Purpose. The industrial park (I-P) zone is intended to provide for the development of landscaped industrial parks which serve a variety of uses emphasizing low building concentration and suitable open space.

29.020 Principal permitted uses. The following are the principal permitted uses in the I-P zone:

Use Group	6		Business and professional offices;
	34	(a)	Indoor wholesaling and distribution;
	42	(a)	General agriculture;
	49		Research and development laboratories;
	52		Semiconductor manufacturing.

29.030 Conditional uses. The following are conditional uses in the I-P zone:

Use Group	12	(b)	Retail trade within large facilities;
	14		Eating and drinking places;
	30		Light equipment repair and sales;
	32		Heavy equipment repair and sales;
	34	(b)	Outdoor wholesaling and storage;
	36		Public services;
	38		Public facilities;
	50	(a)	General industrial;
	50	(b)	Intermediate industrial.

29.040 Lot regulations. The following regulations apply to lots in the I-P zone:

A.	Minimum lot area	20,000 square feet;
B.	Minimum lot width	100 feet;
C.	Maximum ground coverage	50 percent;
D.	Minimum yards: 1. Front 2. Rear 3. Side	20 feet; 20 feet; 10 feet;
E.	Maximum building height	45 feet.

29.050 Additional regulations. The following regulations apply to lots in the I-P zone:

A. Site plan review is required for all uses in accordance with site plan regulations contained in Chapter 70.

B. All conditional uses shall be subject to review in accordance with the performance standards contained in Chapter 50.

C. Exterior storage shall be allowed in rear and side areas only, provided the location, extent and screening of such storage is approved in accordance with the site plan review regulations contained in Chapter 70.

CHAPTER 30 - PUBLIC FACILITY (PF) ZONE

Sections:

30.010 Purpose.
30.020 Principal permitted uses.
30.030 Conditional uses.
30.040 Lot regulations.

30.010 Purpose. The public facility (PF) zone is intended to be applied to leases, assignments or properties which are properly used for, or are proposed to be used for, public purposes or for specified public utility purposes.

30.020 Principal permitted uses. The following are principal permitted uses in the PF zone:

Use Group	22		Sports and recreational facilities;
	36		Public services;
	38		Public facilities;
	42	(a)	General agriculture;
	46	(b)	Interment.

30.030 Conditional uses. The following are conditional uses in the PF zone:

Use Group 40 Festival activities.

30.040 Lot regulations.

None.

CHAPTER 32 - OPEN SPACE (OS) ZONE

Sections:

32.010 Purpose.
32.020 Principal permitted uses.
32.030 Conditional uses.
32.040 Lot regulations.

32.010 Purpose. The open space (OS) zone is intended to preserve land in its natural state, or to provide open space buffer areas in which uses are restricted to recreational, conservation or light agricultural types.

32.020 Principal permitted uses. The following are principal permitted uses in the OS zone:

None.

32.030 Conditional uses. The following are conditional uses in the OS zone:

Use Group	22	(b)	Outdoor sports or recreational facilities;
	40		Festival activities;
	42	(a)	General agriculture;
	46	(b)	Interment.

32.040 Lot regulations.

None.

CHAPTER 34 - UNCLASSIFIED - INTERIM (U) ZONE

S