Chapter 18.58 - Standards for Specific Land Uses (cont.)

Sections:

18.58.130 - Live/Work (Loft) Standards
18.58.140 - Mixed-Use Development
18.58.150 - Mobile Home Parks and Subdivisions
18.58.160 - Mobile Home or Recreational Vehicle—Temporary During Construction
18.58.170 - Mobile Homes On Permanent Foundation Systems
18.58.180 - Multi-Family Residential Projects
18.58.190 - Outdoor Display and Sales Standards
18.58.200 - Outdoor Storage and Work Areas
18.58.210 - Recycling Facilities
18.58.220 - Residential Accessory Uses and Structures
18.58.230 - Secondary Residential Units
18.58.240 - Senior Citizen Projects
18.58.250 - Telecommunications Facilities

18.58.130 - Live/Work (Loft) Standards

A. Purpose. This Section provides for the reuse of existing commercial and industrial structures to accommodate live/work opportunities. Live/work facilities are intended to be occupied by business operators who wish to live in the same structure that contains the commercial activity or industry.

B. Development standards. The following development standards shall apply:

1. Access. Access to the live/work quarters shall be provided only from common access areas, corridors, or halls. The live/work quarters shall have an access clearly separate from other live/work quarters or other uses within the structure. The living space shall not be separated from the working space. Living and work spaces which are independently accessible from one another are not considered joint living and work quarters but rather a separate dwelling unit and a separate work space.

2. Identification. Access to the live/work quarters shall be clearly identified in order to provide for emergency services;

3. Maximum residential area. No more than 33 percent of the gross floor area of a live/work quarters shall be used or arranged for residential purposes (e.g., bathroom, closet, kitchen, and sleeping area);

4. Minimum floor area. The minimum gross floor area of a live/work quarters shall be 750 square feet;

5. Limitation on occupancy. Live/work quarters shall be occupied and used only by a business operator, or a family of which at least one member shall be the business operator;

6. Uses prohibited. Live/work quarters shall not be established or used in conjunction with the following activities:

a. Adult businesses;

b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.);

c. Storage of flammable liquids or hazardous materials;

d. Welding, machining, or any open flame work; and

e. Any other uses, as determined by the Director not to be compatible with residential activities.

7. Parking. The addition or construction of live/work quarters shall be exempt from any additional requirements identified in Chapter 18.48 (Parking and Loading Standards).

18.58.140 - Mixed-Use Development

A. Purpose. This Section provides significant incentives to encourage the development of mixed-use projects in the CN, CG, CS, DMU, DC, M, and DM zoning districts. The intent is to provide a mixture of commercial and residential uses within the commercial zoning districts to increase the area’s population and pedestrian activity, and to reduce air pollution, energy consumption, and transportation costs. The provisions of this Section allow greater flexibility in design and encourage innovative and creative site planning by providing incentives to combine commercial and residential land uses in either or both multi-use or single-purpose structures.

B. Applicability. Incentives to encourage mixed-use development shall be available within the CN, CG, CS, DMU, DC, M, and DM zoning districts only and at the discretion of the Commission. Incentives may be in the form of development bonuses (e.g., relaxed development standards), and/or decreased processing and/or development impact fees.

C. Permit requirement. Whenever a mixed-use project requests incentives or proposes uses not specifically permitted in the applicable zoning district, the development of a mixed-use project shall require Commission approval of a Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). In this case, the Director shall provide the Commission with a recommendation, which would include the appropriateness of the mixed-use development on the subject site and the incentives the Town should offer in order to encourage the development of the mixed-use project.

D. Preliminary Commission review.

1. A prospective applicant for a mixed-use project may exercise the option of requesting a preliminary Commission review of the mixed-use proposal.

2. Upon the filing of an application and payment of the required processing fee, the Commission will review the proposal in a public meeting, advise the applicant of any concerns about the project that may be apparent to the Commission at that time, and indicate whether the Commission believes that the project may qualify for incentives and what type of incentives the Commission would consider granting.

3. This determination shall be provided by the Commission in good faith, but shall not be binding upon Commission before a decision being made on an actual Use Permit application after a public hearing.

E. Eligibility for mixed-use development incentives. To qualify for a mixed-use development incentive, a project shall meet the following minimum requirements.

1. Allowable uses.

a. The project shall include residential uses. A minimum of two residential units shall be provided. The Commission shall increase the minimum number of residential units required based on its determination of the reasonable number of units in relation to the size/floor area of the non-residential use.

b. Office uses may also be allowed when located above the ground floor or in areas where levels of pedestrian activity are relatively low, subject to the discretion of the Commission.

2. The project may be developed as one or more multi-use or single purpose structures. If the project is developed in phases, residential units shall be provided in the first phase.

F. Allowed land uses. The uses which may be approved in a mixed-use project shall be those allowed in the applicable zoning districts in compliance with the provisions of Section 18.12.030 (Commercial and Manufacturing District Land Uses and Permit Requirements). Uses not specifically permitted in the applicable zoning district may be approved in a mixed-use project. The floor area for uses not specifically permitted in the applicable zoning district shall not exceed 25 percent of the total floor area of the non-residential uses of the mixed-use project.

G. Design and development standards. The following standards shall apply to mixed-use projects:

1. Density. Residential density shall be determined through the Use Permit process, but shall not exceed four units per acre;

2. Floor area. Commercial and/or industrial uses shall be the primary components of a mixed-use project. Residential floor area shall not exceed 50 percent of the total floor area of the mixed-use project. Residential floor space shall not be counted towards the allowed floor area as determined by the floor area criteria development standard; and

3. Site development standards. The development standards of the applicable zoning district shall apply to mixed-use projects unless they are specifically modified through the bonus provisions specified in Subsection H., below.

4. Residential parking. One parking space shall be provided for each residential unit.

H. Mixed-use bonuses. The Commission shall grant one or more of the following incentives to an eligible mixed-use project:

1. Increase in the maximum allowable:

a. Floor area ratio; or

b. Lot coverage.

2. Decrease in the number of required parking spaces.

3. Reduction of processing and/or development impact fees.

18.58.150 - Mobile Home Parks and Subdivisions

A. Purpose. This Section establishes standards for the location, development, and operation of mobile homes in planned, integrated mobile home parks or subdivisions, and to protect the health, safety, and welfare of the community and those living within the park or subdivision.

1. These standards are intended to produce a development with appropriate standards of light and air, open space, pedestrian and vehicular circulation, and a density which is similar to those required by the residential zoning district in which the development is be located.

2. For purposes of this Section, the use of the term "mobile home park" shall mean and refer to both a mobile home park and a mobile home subdivision.

B. Applicability. New mobile home parks shall conform to the minimum standards of this Section. The Commission may impose other, more restrictive requirements in the interest of public health, safety, and welfare.

C. Design and development standards.

1. Minimum area and density. Proposed mobile home parks shall comply with the following requirements.

a. Minimum site area for park: 5 acres.

b. Minimum lot area: 3,500 square feet for parcels in a mobile home subdivision.

c. Maximum density: 8 spaces per acre.

d. Minimum space dimensions. Individual spaces for mobile homes within mobile home parks shall be a minimum of 35 feet wide for single-wide coaches, and 45 feet for double-wide coaches.

e. Units per space. Only one mobile home shall be allowed to occupy each space. Occupied travel trailers, campers, or similar vehicles shall not be allowed on an approved mobile home space.

2. Setbacks. Minimum setbacks for individual sites within the park shall be five feet on all sides, including front and rear, except for any side or rear abutting the project property line, in which case the minimum setback shall be 24 feet.

3. Site coverage. The maximum coverage allowed in the mobile home park shall comply with the requirements of the applicable zoning district.

4. Parking. On-site parking improvements shall comply with Chapter 18.48 (Parking and Loading Standards) and the following:

a. Occupant spaces: Two paved spaces for each mobile home space;

b. Visitor parking: At least one paved parking space shall be provided for each four mobile home spaces for visitor parking within the park. The spaces shall be dispersed in a logical manner throughout the park;

c. Parking adjacent to roadway. When vehicle parking is allowed within the park’s roadways, the width of the parking areas shall be in addition to the required width of the roadway so as not to restrict traffic movement.

5. Street improvements. Improvements to a public street, may be required along the frontage of the project. Off-site improvements may be required to provide a safe and adequate access, as determined by the Commission.

6. Recreational vehicles. As an accessary use in a mobile home park, an area composed of not more than 25 percent of the area of the mobile home park may be allowed for recreational vehicles, subject to the following requirements:

a. The maximum length of stay allowed in the facility shall be specified by the Use Permit; and

b. The designated storage spaces shall not be subject to all of the provisions of this Section, but shall be adequately delineated on the subject site plan.

7. Access. Park access shall be designed and constructed as follows:

a. Access to the park shall be by means of an improved public street;

b. Each mobile home site shall have direct access to a public or private roadway;

c. An all-weather walkway shall be provided on each mobile home site extending from the roadway to the mobile home entrance; and

d. Improvement standards, including provision for access by public transportation, shall be specified in the Use Permit.

8. Internal roadway standards. The roadways within a mobile home park shall provide adequate vehicular circulation for the development and for the area in which it is located, including adequate width, radii, and access for emergency vehicles.

a. Width. Roadways designed for two-way traffic shall not be less than 24 feet in width, except that the Town Engineer may authorize a width of 20 feet where the Town Engineer determines low traffic volumes will not require more width; and

b. Structural section. The developer shall comply with the requirements of the Town Engineer regarding base and paving, and furnish soil tests and related criteria as required by the Town Engineer.

9. Sewer facilities. Each space within a mobile home park shall be provided a hookup to a public sewer.

10. Signs. A sign plan shall be prepared for each mobile home park. The plan may include both freestanding and structure signs. The plan may also provide for internal signs (those not visible from off-site streets or adjoining parcels) which are strictly directional in nature. The sign plan shall be in compliance with Chapter 18.54 (Signs).

11. Open space. Twenty percent of the total park area shall be devoted to open space and open space uses.

12. Landscaping.

a. Landscape and irrigation plan. The mobile home park shall have a landscape and irrigation plan for open space areas, in compliance with Chapter 18.40 (Landscape Standards), which shall be a condition of the approved Use Permit. The purpose(s) of the landscaping is, aesthetic enhancements, land use buffers, and/or visual barriers.

b. Maintenance. Continuous maintenance shall be guaranteed by the mobile home park owner for those areas of the landscape plan which are approved (including repair or replacement when required) in compliance with Chapter 18.40 (Landscaping Standards).

c. Landscape buffer. A minimum 24-foot wide buffer strip along the streets adjoining the park shall be landscaped and permanently maintained.

13. Commercial uses allowed. A mobile home park may contain commercial uses which are primarily for the convenience of the residents of the park, which may include coin-operated machines for cigarettes, laundry, soft drinks, and similar uses, on the condition that the uses shall be located in the interior of the park and shall not occupy more than 500 square feet of area for each 50 mobile homes within the park.

14. Space addresses. All mobile home spaces shall be numbered with the numbers visible on each space, and viewable from the roadway serving the space.

18.58.160 - Mobile Home or Recreational Vehicle—Temporary During Construction

A. Limitation on use. A mobile home, trailer, or recreational vehicle may be used as a temporary residence of the property owner when the property owner is the builder and a valid Building Permit for a new single-family dwelling is in force, or as a temporary residence for a caretaker of a multi-family residential project containing 10 or more units when a valid Building Permit for the multi-family residential project is in force.

B. Time limits. The permit may be approved by the Director, subject to approval by the Nevada County Health Department, for up to one year, or upon expiration of the Building Permit, whichever first occurs.

18.58.170 - Mobile Homes On Permanent Foundation Systems

A mobile home shall be allowed as a dwelling on those parcels where single family dwellings are permitted in compliance with the requirements of the applicable zoning district and the following standards:

A. Permanent foundation. A mobile home shall be placed on a permanent foundation system and shall be subject to the same provisions, regulations, and restrictions as a conventionally constructed single-family residence;

B. Alterations. If the mobile home has been altered at any time since original construction, evidence of alteration permits from HCD or HUD shall be presented to the Building Division when applying for a Building Permit for the mobile home;

C. Mobile Home Installation Permit required. Before location and occupancy of the mobile home, a Mobile Home Installation Permit shall be received from the Building Division, and a permit for water supply and sewage disposal shall be received from the Nevada County Health Department or a special district, as applicable. The mobile home shall comply with the Town Building Code including snow load requirements. Mobile homes constructed before June 16, 1976, shall not be allowed;

D. License relinquishment. Before the issuance of an Installation Permit for a mobile home to be placed on a permanent foundation, the Building Division shall receive evidence of vehicle license relinquishment for the unit, at which time the unit will be subject to real property tax rather than annual State vehicle licensing fees; and

E. Mobile home without foundation. A mobile home not installed on and secured to an approved permanent foundation may only be located within a mobile home park in compliance with Section 18.58.150 (Mobile Home Parks and Subdivisions), above.

18.58.180 - Multi-Family Residential Projects

This Section provides development and operational standards for multi-family residential projects, addressing the requirements for common and private open space, common recreational activities, and laundry facilities. These standards are in addition to those in Chapter 18.08 (Residential Zoning Districts), specifically the RM (Residential Multi-Family), DRM (Downtown Medium Density Residential), and DRH (Downtown High Density Residential) zoning districts, as well as Chapter 18.46 (Open Space/Cluster Requirements).

A. Open space requirements. All multi-family residential developments with five or more dwelling units shall incorporate common and private useable open space for passive and active recreational purposes within the project's design in the following manner:

1. Common open space. Common open space consisting of active recreational and natural preservation areas shall be provided as follows:

a. Minimum area. The project shall be designed to provide the equivalent of a minimum of 250 square feet of common open space for each dwelling unit;

b. Minimum dimensions. The open space shall maintain a minimum dimension of 20 feet and shall not include rights-of-way, vehicle access, or parking areas. Rear setback areas may be credited as useable common open space, up to a maximum of 50 percent, when the setback is a minimum of 20 feet wide; and

c. Pavement limitation. Up to 50 percent of any required common open space may be paved or in hard surface if the surfaces are to be used for recreational purposes (e.g. basketball court, swimming pool). All open space areas shall be separated from unenclosed parking and access areas by either a minimum three-foot wide landscaped strip or a minimum three-foot high barrier. The landscaped strip may be included as open space if it is incorporated into an open space area which meets the minimum dimensional requirements.

2. Private exterior space. Private exterior space shall be provided as follows. The exterior space shall be provided as a private and immediately accessible area to the dwelling unit it is designed to serve, in one of the following configurations:

a. Balcony. A private balcony attached to and directly accessible only from one dwelling unit, if the balcony has an area of at least 60 square feet with a minimum horizontal dimension of six feet, and is unenclosed on at least one-third of its perimeter, except for required railings;

b. Deck. A private deck, including roof deck or patio, accessible to only one dwelling unit, if the deck or patio has a minimum horizontal dimension of 10 feet, and an area of not less than 90 square feet; or

c. Patio. A private, at grade level, patio shall have a minimum horizontal dimension of 10 feet with an area of not less than 90 square feet and be fenced and maintained only as accessible to the dwelling unit it is designed to serve.

B. Common recreational amenities. All multi-family residential developments with 10 or more units shall provide a minimum of one indoor/outdoor recreational amenity for every 25 units or fraction thereof within the common open space areas, which may include the following:

1. Barbecue/picnic area;

2. Recreation building;

3. Swimming pool; and/or

4. Tot lot with play equipment.

C. Common laundry facilities. All multi-family residential developments with five or more dwelling units shall provide common laundry facilities, except where laundry facilities are provided within each unit.

1. Facilities required. Common laundry facilities shall be provided at a minimum ratio of:

a. One washer and one dryer for every 15 units or fraction thereof for up to 100 units; and

b. One washer and one dryer for every 30 units or fraction thereof for the number of units over 100.

2. Keyed access. The facilities shall be provided with keyed access for "tenants only";

3. Distribution of facilities. The facilities shall be evenly disbursed throughout the multi-family development and easily accessible to all tenants; and

4. Security. The facilities shall be designed to address security concerns in the location and layout of the common laundry facility areas.

18.58.190 - Outdoor Display and Sales Standards

This Section provides development and operational standards for outdoor uses, including permanent outdoor display and sales (Subsection A., below), outdoor dining and seating areas (Subsection B., below), and outdoor garden supply areas (Subsection C., below).

A. Permanent outdoor displays and sales. The permanent outdoor display and sale of merchandise shall comply with the following standards and shall be subject to the approval of a Minor Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), except where a Zoning Clearance or Use Permit is specifically required below, or where the permanent outdoor activity is approved as part of a Use Permit for the overall land use.

1. Small displays. Small outdoor display and sales areas (e.g., mannequins, sidewalk displays, etc.) shall comply with the standards of this Subparagraph, subject to the approval of a Zoning Clearance in compliance with Chapter 18.72 (Zoning Clearance). Standards for these small outdoor display areas shall include:

a. The display area:

(1) May only be located near the main business’s entrance(s);

(2) Shall not exceed 10 percent of the main business’s total gross floor area;

(3) Shall be oriented towards pedestrian traffic; and

(4) Shall not interfere with pedestrian or vehicular access.

b. The products may only be displayed during regular business hours of the main business; they shall be brought in, each day, after closing.

2. Location of sales areas. Outdoor sales areas shall be located entirely on private property. Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property line(s) unless otherwise allowed through the approval of a Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits);

3. Location of merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for pedestrian or vehicular traffic;

4. Height of displayed materials. The outdoor display of merchandise shall not exceed a height of seven feet above finish grade. Heights greater than seven feet may be allowed subject to the approval of a Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits);

5. Relationship to main use. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel;

6. Screening required.

a. Outdoor sales and activity areas shall be screened from adjoining public rights-of-way by decorative walls, fences, and/or landscaping in compliance with Section 18.30.110 (Screening).

b. Screening shall be provided to a height of one foot above the approved height of the items, materials, or merchandise being displayed.

c. The review authority may modify or waive the screening requirements if found to be reasonable and necessary based on the nature and intensity of the outdoor activity (e.g., equipment rental yards, vehicle sales lots, etc.).

7. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area(s).

B. Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to the approval of a Zoning Clearance and the following standards, provided that the number of seats provided outdoors shall not exceed the number provided indoors.

1. Alcoholic beverage sales. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control, and the following standards:

a. The dining area shall be accessible from inside the restaurant only, unless the Director waives this requirement in circumstances where this is not feasible or practical;

b. The dining area shall be clearly and physically defined. It shall be clearly a part of the restaurant it serves; and

c. The dining area shall be supervised by a restaurant employee to ensure conformance with laws regarding on-site consumption of alcoholic beverages.

2. Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements:

a. Off-street parking requirements shall be calculated in compliance with Chapter 18.48 (Parking and Loading Standards). The Director may reduce or waive parking requirements for outdoor dining areas that are less than 600 square feet in area and less than 50 percent of the indoor dining area; and

b. Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center, shall not be required to provide additional off-street parking for these common outdoor areas.

3. Clean-up facilities. Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate clean-up facilities, and associated procedures, in the following manner:

a. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and

b. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees.

4. Design and use compatibility. To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented:

a. Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the main structure(s);

b. Entertainment. Outdoor dining and seating areas that provide dancing, entertainment, or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in Chapter 18.44 (Noise);

c. Lighting. Lighting to illuminate the outdoor dining and seating areas shall be provided in compliance with Section 18.30.060 (Exterior Lighting);

d. Pedestrian orientation. The use of awnings, plants, umbrellas, and other human scale elements is encouraged to enhance the pedestrian experience;

e. Potential impacts. Outdoor dining and seating areas and their relation to churches, hospitals, public schools, and residential uses shall be considered, and proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise;

f. Obstructions. Outdoor dining and seating areas shall not obstruct pedestrian or vehicular traffic;

g. Setbacks. Outdoor dining and seating areas shall be set back a minimum of five feet from property lines or parking lots; and

h. Signs. Signs and advertising materials placed in an outdoor dining or seating area shall be in compliance with Chapter 18.54 (Signs).

5. Additional finding for approval. The Director shall make a determination that the hours of operation requested are appropriate to the proposed use, and consideration has been given to the proposed use’s relation to adjoining:

a. Churches, and other places of worship;

b. Hospitals, and other medical clinics;

c. Public/private schools; and

d. Residential areas.

C. Outdoor garden supply sales. The portions of outdoor garden supplies sales areas used for the display and storage of garden supplies (e.g. fertilizer, garden tools) shall be screened with fencing, meshing, or other similar sight-obscuring material, in compliance with Section 18.58.200 (Outdoor Storage and Work Areas), below. Screening is not required for areas for the display and storage of plants, shrubs, trees, and other landscaping.

18.58.200 - Outdoor Storage and Work Areas

This Section establishes standards for the location, screening, and operation of outdoor storage and work yards.

A. Permit requirement. Any use proposing outdoor storage and work yards shall be subject to review and approval by the Director in compliance with Chapters 18.76 (Use Permits and Minor Use Permits) and 18.58.190 (Outdoor Display and Sales Standards), above.

B. Screening of outdoor storage and work yards. Where allowed by Article II (Zoning Districts and Allowable Land Uses), outdoor storage and work yards, including auto dismantling operations, auto wrecking yards, building materials supply yards, equipment yards, junk yards, lumber yards, recycling facility-processing centers, scrap metal yards, waste resource and waste recycling operations, and uses with similar outside storage and work yards shall comply with the following screening requirements:

1. The perimeter of the storage and/or work yard shall be enclosed and screened by a solid, sight-obscuring masonry wall or metal or wood fence with a minimum height of six feet and a maximum height of eight feet. The type and design of the wall or fence shall be approved in advance of construction or installation as part of the land use permit. The wall or fence shall include operable gate(s) to be used as the only entrance(s) and exit(s) for the property. The wall, fence, and gate(s) shall be properly maintained to continuously conform to the conditions established by the Director;

2. All operations in conjunction with the above listed uses, including the loading and unloading of equipment and materials, shall be conducted entirely within the walled or fenced area(s);

3. All equipment and materials, including storage containers, trailers, and trucks shall be stored within the walled or fenced area(s). The equipment and materials shall not be maintained, stored, or used so as to be visible above the height of the sight-obscuring wall or fence from any exterior property line except as follows:

a. Mechanical equipment, including cranes, crushers, and loaders, may be of a height which may be visible beyond the limits of the property; and

b. Except for equipment designed to move under its own power, all mechanical equipment with a height exceeding the sight-obscuring wall or fence shall be located a minimum distance of 40 feet from any exterior property line.

18.58.210 - Recycling Facilities

A. Purpose. This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.

B. Applicability. Any recycling facility intending to operate in the Town shall comply with the following provisions:

1. Recycling facilities are subject to permit review in the commercial and manufacturing zoning districts in compliance with Table 3-16.

TABLE 3-16

PERMIT REQUIREMENTS FOR RECYCLING FACILITIES

2. Development and operating standards. Recycling facilities shall comply with the following specific standards:

a. Reverse vending machines. Reverse vending machine(s) located within a commercial or manufacturing location shall not require additional parking spaces for recycling customers, and may be allowed in all commercial and manufacturing zoning districts, subject to Zoning Clearance and compliance with the following standards:

(1) Shall be installed as an accessory use in full compliance with the applicable provisions of this Development Code and the Municipal Code;

(2) If located inside of a structure, shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation;

(3) If located outside of a structure, shall not occupy parking spaces required by the main use, and shall be constructed of durable waterproof and rustproof material(s);

(4) Shall not exceed a total of five machines with a maximum area of 50 square feet for each installation, including any protective enclosure of up to eight feet in height;

(5) Shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;

(6) Shall have operating hours which are consistent with the operating hours of the main use; and

(7) Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section 18.30.060 (Exterior Lighting).

b. Small collection facilities. Small collection facilities are allowed within the DMU, DC, DVL, CG and CS zoning districts, subject to a Minor Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), in the manufacturing zoning district, subject to a Zoning Clearance in compliance with Chapter 18.72 (Zoning Clearance), and in compliance with the following standards:

(1) Shall be installed in full compliance with the applicable provisions of this Development Code and the Municipal Code;

(2) Shall not exceed an area of 500 square feet nor three parking spaces, not including space that will be periodically needed for the removal of materials or exchange of containers;

(3) Shall be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular traffic;

(4) Shall accept only glass, metal or plastic containers, paper, and reusable items;

(5) Shall not use power-driven processing equipment except for small, compact machinery (e.g., can shredder, glass breaker, reverse vending machine);

(6) Shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;

(7) Shall not be located within 50 feet of any parcel zoned or occupied for residential use;

(8) Collection containers and site fencing shall be of a color and design to be both compatible and harmonious with the surrounding uses and neighborhood;

(9) Signs may be provided as follows:

(a) Recycling facilities may have identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

(b) Signs shall be both compatible and harmonious with the character of their location; and

(c) Directional signs, consistent with Chapter 18.54 (Signs) and without advertising message, may be installed with the approval of the Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

(10) The facility shall not impair the landscaping required by Chapter 18.40 (Landscape Standards) for any concurrent use allowed by this Development Code;

(11) Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed;

(12) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

(13) Use of parking spaces by the facility and by the attendant, if provided, shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site; and

(14) Shall be subject to landscaping and/or screening as determined through land use permit review.

c. Large collection facilities. A large collection facility which is larger than 350 square feet, or on a separate parcel not accessory to a main use, which has a permanent structure is allowed in the DM and M zoning districts, subject to a Minor Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits) and the following standards:

(1) The facility does not abut a parcel zoned or occupied for residential use;

(2) The facility shall be screened from the public rights-of-way, within an enclosed structure, or behind fences, walls, or screen planting;

(3) Structure setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

(4) Exterior storage of material shall be in sturdy containers which are secured, and maintained in good condition at all times. Storage, excluding truck trailers, shall not be visible above the height of the required fence, wall, or screen planting;

(5) The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

(6) Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials; and

(7) Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable from adjoining parcels.

d. Processing facilities. Light and heavy processing facilities are allowed in the manufacturing zoning district subject to a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), and compliance with the following standards:

(1) The facility shall not abut a parcel zoned or occupied for residential use;

(2) Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, sorting of source-separated recyclable materials, and repairing of reusable materials;

(3) A light processing facility shall not exceed 45,000 square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals other than beverage and food containers.

(4) A heavy processor may exceed 45,000 square feet and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities;

(5) Exterior storage of material shall be in sturdy containers or enclosures which are maintained and secured in good condition at all times. Storage containers for flammable materials shall be constructed of nonflammable material(s). Outdoor storage shall be screened by a six-foot high opaque fence or solid masonry wall. Storage, excluding truck trailers, shall not be visible above the height of the required fence or wall;

(6) Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of the materials; and

(7) Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable from adjoining parcels.

e. Time limit. Any permit issued in compliance with this Section shall have a maximum term established by the approved Use Permit. Before permit renewal, the Director shall consider the permittee's history of compliance with the established conditions of approval, as well as the applicable provisions of this Section and the Municipal Code.

3. General standards. All recycling facilities shall comply with the following standards:

a. Signs. Facilities shall be provided with identification and informational signs as follows, provided the signs shall meet the standards of the applicable zoning district:

(1) Collection containers and reverse vending machines shall be clearly marked to identify the type of material which may be deposited, and display a notice stating that discarded material shall not be left outside of the recycling enclosure or machine;

(2) The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation; and

(3) Identification and informational signs, and directional signs without advertising message, may be installed with the approval of the Director, if necessary to facilitate traffic circulation.

b. Refuse disposal. The facility shall maintain adequate on-site refuse containers for the disposal of non-recyclable and non-hazardous waste materials.

18.58.220 - Residential Accessory Uses and Structures

This Section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel (see Section 18.08.030, Residential Zoning District Land Uses and Permit Requirements). Residential accessory uses include any use that is customarily related to a residence, including garages, greenhouses, storage sheds, studios, swimming pools/spas, and workshops.

A. General requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this Section for specific uses.

1. Relationship of accessory use to main use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use.

2. Attached structures. An accessory structure shall comply with the requirements of this Development Code applicable to the main structure, including heights, parcel coverage, and setbacks. An accessory structure for multi-family residential uses shall be architecturally compatible with the main structure.

3. Detached structures.

a. Breezeways. A breezeway may be allowed to provide shelter between a detached accessory structure and the main dwelling when designed and constructed as a covered passageway which does not exceed 10 feet in width and has at least one side open, except for necessary supporting columns.

b. Floor area. Except for a detached accessory garage, the floor area of a single detached accessory structure shall not exceed 30 percent, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the floor area of the main dwelling. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area.

4. Adjoining parcels under common ownership. Residential accessory uses and structures, including the raising and keeping of animals, may be located on an adjoining parcel(s) if both parcels are under common ownership and the accessory use or structure complies with all provisions of this section.

B. Building Permits. The Building Permit for a residential accessory use or structure shall not be:

1. Issued unless there is a residential use on the subject property or the permit is issued in conjunction with the residential dwelling permit; and

2. Finaled until there is a residential use on the subject property or the permit for the residential dwelling is finaled.

C. Antennas. Antennas are subject to the provisions of Section 18.58.250 (Telecommunications Facilities).

D. Decks, porches, and stairways. Decks, porches, and stairways shall comply with State law (California Code of Regulations, Title 24). Stairways or landings shall not extend beyond any future right-of-way line established in compliance with this Development Code unless an encroachment permit is issued by the Town Engineer.

E. Garages. Garages shall comply with the following standards, as well as the special setback requirements in Section 18.30.120.E (Setbacks Requirements for Specific Structures and Situations).

1. Maximum floor area.

a. A detached accessory garage for a single-family residential parcel shall not occupy more than 1,000 square feet of floor area unless a larger area is authorized by the Director through a Minor Use Permit, in compliance with Chapter 18.76 or the size of the parcel is one acre or greater. The floor area for a secondary residential unit in a detached accessory garage shall not be counted as part of the floor area of the garage.

b. The floor area of an accessory garage that is attached to a main structure is not limited, except as required by the Building Code or any other applicable Town Code.

F. Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each dwelling unit or 10 percent of the parcel, whichever standard would result in the smaller greenhouse.

G. Home occupations. Home occupations are subject to the requirements of Section 18.58.120 (Home Occupations).

H. Swimming pools/spas/hot tubs. Private swimming pools, spas, and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:

1. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their invited guests; and

2. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the Town Building Code.

I. Tennis and other recreational courts. Non-commercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following requirements:

1. Fencing shall be subject to the height limits of Section 18.30.070 (Fences, Walls, and Hedges). Fencing for non-commercial outdoor courts up to a maximum of 20 feet may be authorized by the Zoning Administrator through a Minor Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits);

2. Court lighting shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjoining property, in compliance with Section 18.30.060 (Exterior Lighting); and

3. Lighting for non-commercial outdoor courts may be authorized by the Director through a Minor Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits).

J. Vehicle storage. The outdoor storage of vehicles, including incidental restoration and repair, is subject to Chapter 10.20 (Abandoned Vehicles) of the Municipal Code.

K. Workshops or studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to the following standards when located in a residential zoning district:

1. An accessory structure may be constructed or used as a studio or workshop in any residential zoning district solely for the following non-commercial activities:

a. Amusements or hobbies;

b. Artistic endeavors (e.g., painting, photography, or sculpture);

c. Maintenance of the main structure or yards;

d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or

e. Other similar purposes.

Any use of accessory workshops for a commercial activity shall meet the standards for Home Occupations, in compliance with Section 18.58.120 (Home Occupations); and

2. A workshop shall not occupy an area larger than 25 percent of the floor area of the main structure, except where a workshop is combined with a garage. Subsection E. (Garages), above shall apply.

L. Cumulative size of accessory structures. The maximum cumulative size for all allowed accessory structures on a parcel, but not inlcuding a secondary residential unit in a detached structure, shall be in compliance with Table 3-17, below.

TABLE 3-17

CUMULATIVE SIZE OF ACCESSORY STRUCTURES

Notes:

(1) The cumulative floor area may be increased above the maximum standard subject to issuance of a Minor Use Permit in compliance with Chapter 18.76.

(2) A Minor Use Permit may be approved for agricultural accessory structures in excess 5,000 sq.ft.

(3) The cumulative maximum floor area for detached accessory structures is also restricted by Section 18.58.210(A)(3)(b).

18.58.230 - Secondary Residential Units

This Section establishes standards for the development and operation of secondary residential units, hereafter referred to as "secondary units."

A. Applicability. Secondary units are allowed in the DRS, DRM, RR and RS zoning districts subject to Zoning Clearance, and compliance with the requirements of this Section.

B. Number of units allowed. One secondary unit shall be allowed on a single-family parcel developed with one main dwelling, but shall not be allowed on a parcel developed with two or more dwellings.

C. Location on site.

1. The secondary unit may be located on the site to be within, attached to, or detached from the existing main dwelling;

2. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet, but by no more than 100 feet, and shall be subject to the same side and rear setback requirements applicable to the main dwelling;

3. The secondary unit shall be served by the same driveway encroachment as the main dwelling unit.

D. Floor area limitation. A secondary unit shall comply with the following floor area requirements.

1. Maximum floor area. The gross floor area of the unit shall not exceed the lesser of 50 percent of the existing living area of the main dwelling or:

a. On parcels less than one acre: 800 square feet of gross floor area; or

b. On parcels of one acre or more: 1,200 square feet of gross floor area.

A secondary unit shall be allowed at least 500 square feet of gross floor area in all cases;

2. Minimum floor area. A secondary unit shall have a minimum gross floor area of 300 square feet; and

E. Pedestrian access. The secondary unit shall have pedestrian access from either a public or private road, street, or alley.

F. Architectural compatibility. The additional dwelling unit shall be architecturally compatible with the main dwelling unit.

G. Parking. The additional dwelling unit shall be provided with two off-street parking spaces, in addition to that required for the main dwelling unit, in compliance with Chapter 18.48 (Parking and Loading Standards).

H. Water supply and sewage disposal. All water supply and sewage disposal shall be provided by an established community system, or by an on-site system approved by the Nevada County Health Department. A secondary unit shall not be allowed on a parcel that is served by an on-site septic system and is less than three acres.

I. Occupancy and Rental requirements. The owner of the single-family parcel shall occupy and continue to occupy either the main dwelling or the secondary unit as their permanent or seasonal residence. Either the main dwelling or the secondary unit may be rented, although rental is not required, but in no case shall both dwelling units be rented.

J. Illegal secondary units. This Section shall not validate any existing illegal secondary unit. To convert a non-allowed secondary unit to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed secondary unit.

18.58.240 - Senior Citizen Projects

This Section establishes procedures, standards, and a density bonus for the development of apartments for senior citizens and/or senior citizen independent living centers (Subsection A., below) and senior citizen congregate care housing facilities (Subsection B., below). The intent of these standards is to ensure compatibility with surrounding land uses and to provide a campus-like atmosphere coordinating all on-site facilities.

A. Senior citizen apartments or independent living centers. When approved as part of a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), senior citizen apartments or independent living centers shall be designed in compliance with the following requirements:

1. Additional facilities. If developed in a campus-like atmosphere and as a part of a senior independent living center, skilled nursing facilities, and/or intermediate care facilities may be allowed with the approval of the required Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits); and

2. Parking. Off-street parking shall comply with Chapter 18.48 (Parking and Loading Standards). Those standards may be further reduced in compliance with Table 3-18, to a maximum reduction of 55 percent. The Commission may restrict the total number of resident cars to be parked on-site or designate specified on-site parking spaces for employee or visitor parking.

TABLE 3-18

CRITERIA FOR PARKING REDUCTIONS

B. Senior citizen congregate care housing facilities. When approved as part of a Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), the site development standards for senior citizen congregate care housing facilities shall be in compliance with the following requirements:

1. Allowable density:

a. The number of allowable residential dwelling units shall not exceed a maximum density of 20 units for each net acre of land; and

b. A density bonus may be utilized if the development proposal can be found consistent with the applicable provisions of Chapter 18.32 (Affordable Housing).

2. Minimum floor area. The minimum floor area for each residential unit shall be as identified in Table 3-19.

TABLE 3-19

MINIMUM FLOOR AREA FOR RESIDENTIAL UNITS

3. Disabled access, safety, and security features:

a. The main entrance to the facility, common areas and all living units shall provide disabled access in compliance with applicable State and Federal law;

b. Indoor common areas and living units shall be provided with necessary safety equipment (e.g., safety bars, etc.), as well as emergency signal/intercom systems, subject to the approval of the Director;

c. Adequate internal and external lighting shall be provided for security purposes. The external lighting shall be stationary, directed away from adjoining properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood, in compliance with Section 18.30.060 (Exterior Lighting); and

d. The entire development project shall be designed to provide maximum security for residents, guests, and employees.

4. Common facility requirements:

a. Entertainment, recreational and social activity areas. Common entertainment, recreational, and social activity areas of a number, size, and scale consistent with the number of living units shall be provided;

b. Common laundry facilities of sufficient number and accessibility, consistent with the number of living units shall be provided; and

c. The development may provide one or more of the following specific common facilities for the exclusive use of the residents:

(1) Beauty and barber shop;

(2) Central cooking and dining room(s);

(3) Exercise room(s); and

(4) Small scale drug store and/or medical facility (not exceeding 850 sq. ft.).

5. Parking. Off-street parking shall be provided in the following manner:

a. Standards relating to off-street parking, access, number of spaces required, dimensional requirements, disabled parking, landscaping, lighting, shading, striping, surfacing, etc. shall be in compliance with the standards outlined in Chapter 18.48 (Parking and Loading Standards); and

b. Adequate and suitably striped or marked paved areas for shuttle parking shall be provided. Shaded waiting areas shall be provided adjoining the shuttle stops.

6. Transit facilities. A bus turnout and shelter along the street frontage shall be provided.

18.58.250 - Telecommunications Facilities

This Section establishes standards for the development and operation of telecommunications facilities including cellular wireless communications facilities (Subsection A.), satellite antennas (Subsection B.), single pole/tower amateur radio antennas (Subsection C.), and television and radio broadcasting towers (Subsection D.).

A. Cellular wireless communications facilities. Cellular wireless telephone antennas, including supporting towers and related ground-mounted structures and equipment shall comply with the following requirements.

1. Permit requirements. The land use permit requirement for wireless communications shall be as determined by Article II (Zoning Districts and Allowable Land Uses). Plans for the wireless communication facility shall be submitted with the land use permit application, in compliance with Chapter 18.70 (Applications, Processing, and Fees).

2. Site selection. Sites for cellular wireless communications facilities shall be selected according to the following order of preference:

a. On existing structures (e.g., a billboard, church steeple, communication towers, freestanding sign, water tank, etc.);

b. In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening; or

c. On vacant land without significant visual mitigation, only in commercial and manufacturing zoning districts.

As part of the application process, applicants for cellular wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in compliance with Subsection 2.a (Site selection order of preference), above.

3. Prohibited areas. Wireless communications facilities shall not be established within the RS, RM, DRS, DRM, and DRH zoning districts.

4. Co-location. The Town shall encourage and allow "co-location" of cellular equipment on appropriate existing Town structures and towers subject to reasonable engineering requirements. The Town shall encourage utility providers, special districts, and other public agencies to allow "co-location" of cellular equipment on appropriate existing structures and towers subject to reasonable engineering requirements.

5. Painting. The equipment and supporting structure shall be painted a single, neutral, non-glossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.

6. Setbacks. Equipment shall not be located within any front or street side yard setbacks in any zoning district, and shall not extend beyond the property lines.

7. Signs. Identification signs, including emergency phone numbers of the cellular service provider, shall be posted and readable at ground level, at all equipment/tower sites.

8. Undergrounding required. Electrical and equipment wiring shall be placed underground.

9. Unused/obsolete equipment. Unused/obsolete equipment or towers shall be removed from the site within six months after their need has ceased.

B. Satellite antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed, and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) and as follows, when these provisions are not in conflict with applicable State and Federal regulations. (Normal/typical television antennas or satellite dishes with a maximum diameter of one meter (approximately 39 inches) are not regulated by this Section):

1. Application requirements. Plans for antennas shall be submitted with each application for a Building Permit, and shall include a "simple" site plan and elevation drawings indicating the color, diameter, foundation details, height, landscaping, setbacks, and method of screening. The plans shall be subject to the approval of the Director;

2. Painting. The antennas and supporting structure shall be painted a single, neutral, non-glossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood;

3. Setbacks. An antenna shall not be located within any front or street side yard setbacks in any zoning district, and shall not extend beyond the property lines;

4. Undergrounding required. Electrical and antenna wiring shall be placed underground, whenever possible;

5. Residential zoning district standards. In any residential zoning district, antennas shall be subject to the following standards:

a. Mounting location. Only ground-mounted antennas shall be allowed and the antennas shall be located only within the rear yard of the parcel, at least five feet from the rear lot line of an interior parcel, or 15 feet from the street side of a corner parcel. This provision may be modified by the Director if strict compliance would result in no/poor satellite reception. However, the maximum diameter of a non-ground-mounted antenna shall be one meter (approximately 39 inches);

b. Size limitations. The diameter of the ground-mounted antenna shall not exceed eight feet. This provision may be modified by the Director if strict compliance would result in no/poor satellite reception;

c. Screening. The antenna shall be separated from adjoining properties by at least a six-foot high solid fence or wall, or by plants or trees of equal minimum height, approved by the Director;

d. Height limit. The height of the antennas shall not exceed 10 feet, at the highest point of the antenna. This provision may be modified by the Director if strict compliance would result in no/poor satellite reception;

e. Limitation on use of antenna. The antenna shall be used for private, non-commercial, purposes only;

f. Number of antennas allowed. Only one antenna may be allowed on any parcel;

g. Projections. An antenna shall not project into an area in which antennas shall not be located; and

h. Setbacks. An antenna that is taller than adjoining property line fences shall be located away from the side or rear property line a distance that is equal to or greater than the height of the antenna.

6. Non-residential zoning district standards. In any non-residential zoning district, antennas may be roof- or ground-mounted and shall be subject to the following standards:

a. Allowable ground locations. If ground-mounted, the antennas shall not be located between a structure and an adjoining street and shall be screened from public view and surrounding parcels;

b. Screening. If roof-mounted, the antennas shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall, or screening shall be subject to the approval of the Director;

c. Size limitations. The diameter of the ground-mounted antenna shall not exceed 12 feet. This provision may be modified by the Director if strict compliance would result in no/poor satellite reception;

d. Height and location. The height and location of the antennas shall comply with the requirements of the applicable zoning district. The height provision may be modified by the Director if strict compliance would result in no/poor satellite reception; and

e. Setbacks. If the subject parcel adjoins a residential zoning district, the antenna shall be set back a minimum distance from the property line that is equal to or greater than the height of the antenna, unless otherwise screened from public view to the satisfaction of the Director.

C. Single pole/tower amateur radio antennas. Single pole/tower amateur radio antennas shall be designed, constructed/installed, and maintained in the following manner.

1. Location requirements. Antennas shall not be located in a front or side yard.

2. Mounting. Antennas may be ground- or roof-mounted.

3. Height limit. The maximum height shall not exceed 50 feet, measured from finish grade.

4. Size limitations. Any boom or other active element/accessory shall not exceed 25 feet in length.

D. Television and radio broadcasting towers. These towers shall be allowed in compliance with Chapter 18.76 (Use Permits and Minor Use Permits).

E. Effects of development on antenna reception. The Town shall not be liable if subsequent development impairs antenna reception.

F. Variances. Telecommunications facilities not complying with the requirements of this Section may be authorized only in compliance with Chapter 18.82 (Variances).