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A. Purpose.

1. Establishment. The open space zoning district is established to implement the open space designation of the Sierra County general plan. The OS zoning district shall be applied to any portion of property identified on the countywide land use maps in the Sierra County general plan as open space found on pages 1-35 and 1-36 and also those areas identified as open space within the community core and influence areas on the individual community land use maps and shall also include all areas along streams and rivers which are identified as floodplains outside of community areas.

2. Purpose and Intent. The OS zoning district shall be applied to property to implement the goals and policies of the county general plan to preserve, protect, and provide for the management of sensitive areas and resources which are identified in the Sierra County general plan as having particular value to the county.

B. Uses Regulated.

1. Permitted Uses. The following uses are allowed in the open space district:

a. Preservation of natural resources including, but not limited to, preservation of plant and animal life, including habitat for fish and wildlife species; ecologic and other scientific study purposes; rivers, streams, and estuaries; lake shores, banks of rivers and streams, and watershed lands.

b. Recharge of groundwater basins, marshes, rivers and streams.

c. Low-intensity outdoor recreation, including scenic, historic and cultural areas; low-intensity park and recreation purposes, including access to lake shores, and rivers and streams; and links between major recreation and open-space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors.

d. Management for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, floodplains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality.

e. Dredging under a valid permit issued by the Department of Fish and Game or other state or federal agency having jurisdiction.

f. Maintenance and repair of existing structures and facilities, including septic systems.

g. Remodeling without expansion of the existing footprint of the existing structure.

h. New septic systems on existing legal lots with approval by the County Environmental Health Department, where there is no suitable alternative area on the same lot.

i. Retaining walls and landscape walls less than four feet in height.

j. Grazing.

k. Temporary roads, bridges and culvert crossings associated with agricultural and timber operations.

2. Conditional Uses.

a. All new structures, including barns, unless the proposed use is prohibited in this district.

b. Sand and gravel operations.

c. New roads, bridges, and utility crossings.

d. Power poles and other utility facilities subject to county jurisdiction.

3. Prohibited Uses.

a. Residences.

b. Commercial uses.

c. Industrial uses.

d. Storage and/or disposal of hazardous materials.

e. Signs.

C. Procedures.

1. Site Plans Required. Prior to the issuance of any building permit or commencement of any construction of any building or structure within the OS zone, a site plan of the proposed development shall be submitted for approval by Sierra County. Applications for site plan approval shall be accompanied by such maps, plans, drawings, and sketches as necessary to show:

a. The parcel boundaries;

b. The proposed site layout, including proposed buildings and structures, sewage disposal facilities, grading, paving, and drainage facilities;

c. Existing buildings, structures, and sewage disposal facilities on the project site and each adjacent parcel within 100 feet;

d. The limits of the 100-year floodplain within the site;

e. The high water line of all lakes, ponds, reservoirs, intermittent streams, and/or perennial streams within and adjacent to the site;

f. The required setbacks from the high water line as established under SCC 15.12.060(C);

g. Natural features within the project site, including topography, riparian vegetation and wetlands;

h. Best management practices that will be implemented with the project to control erosion and sedimentation; and

i. Any applicable overlay zones.

2. Site Plan Review and Approval by Planning and Building Department.

a. For development on land that is within the open space zoning district, the Planning and Building Department shall approve the proposed site plan and issue grading and building permits if all of the following conditions are met:

i. The proposed site plan meets the requirements established under subsection (C)(1) of this section; and

ii. The proposed development is consistent with the Sierra County general plan, zoning code, and building code.

b. Any determination by the Planning Director approving or rejecting a proposed site plan may be appealed to the Planning Commission in accordance with SCC 20.05.130.

3. Site Plan Review and Approval by Planning Commission.

a. When approval is required by the Planning Commission, either for a conditional use permit or on appeal of a decision by the Planning Department, the application shall include a site plan review by the Planning Commission. The site plan shall be accompanied by such maps, plans, drawings, and sketches as necessary to show those details defined in subsection (C)(1) of this section.

b. The Planning Commission may approve, conditionally approve, or deny the project application following its review in accordance with subsection (C)(4) of this section.

4. Findings. The Planning Commission shall not issue a permit for any use or development regulated by this title unless it finds that:

a. Approval of the proposed development is consistent with the Sierra County general plan and zoning code.

b. Approval of the proposed development is consistent with the applicable policies and regulations of the Sierra County grading regulations, Chapter 12.08 SCC.

c. The proposed development will be compatible with the proximate land use pattern.

d. The proposed use will not impair the function and/or viability of water resources, water quality, and wildlife habitat and movement along regulated water resources.

e. The proposed development considers protection of the underlying resource. (Ord. 1042, eff. 10/17/12)