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Yuba County Airport Land Use Compatibility Plan

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CHAPTER 2 POLICIES<br />

(1) <strong>Land</strong> acquisition for new schools or expansion of existing schools is not permitted<br />

in any safety zone except Safety Zone 6.<br />

(2) Replacement or expansion of buildings at existing schools is also not allowed in<br />

these zones, except that the expansion accommodating no more than 50 students<br />

is permitted in Safety Zones 3 and 4. This limitation does not preclude work required<br />

for normal maintenance or repair.<br />

4.1.3. Reconstruction: An existing nonconforming development that has been fully or partially destroyed<br />

as the result of a calamity—not planned reconstruction or redevelopment—may<br />

be rebuilt only under the following conditions:<br />

(a) Nonconforming single-family or multi-family residential uses may be rebuilt provided<br />

that the reconstruction does not result in more dwelling units than existed on the parcel<br />

at the time of the damage. Addition of a secondary dwelling unit to a single-family<br />

residence is permitted if in accordance with state law and local regulations.<br />

(b) A nonconforming nonresidential development may be rebuilt provided that the reconstruction<br />

does not increase the floor area of the previous structure or result in an increased<br />

intensity of use (i.e., more people per acre).<br />

(c) Reconstruction under Paragraphs (a) or (b) above:<br />

(1) Must have a permit deemed complete by the local agency within twenty-four (24)<br />

months of the date the damage occurred.<br />

(2) Shall incorporate sound attenuation features to the extent required by Policy 3.1.7<br />

and consistent with the California Noise Standards.<br />

(3) Shall be conditioned upon dedication of an avigation easement to the <strong>County</strong> of<br />

<strong>Yuba</strong> if required under Policy 4.1.5.<br />

(4) Shall comply with Federal Aviation Regulations Part 77 requirements.<br />

(d) Reconstruction in accordance with Paragraphs (a), (b), and (c) above shall not be permitted<br />

where it would be in conflict (not in conformance) with the general plan or<br />

zoning ordinance of the local agency.<br />

(e) Nothing in the above policies is intended to preclude work required for normal<br />

maintenance and repair.<br />

4.1.4. Development by Right:<br />

(a) Nothing in these policies prohibits:<br />

(1) Construction of a single-family home, including a second unit as defined by state<br />

law, on a legal lot of record as of the date of adoption of this <strong>Compatibility</strong> <strong>Plan</strong> if<br />

such use is permitted by local land use regulations. Within Safety Zone 1, any<br />

new residential construction must be limited to single-story buildings.<br />

(2) Construction of other types of uses if local agency approvals qualify the development<br />

as an existing land use (see Policy 1.2.12 for definition).<br />

(3) Lot line adjustments provided that new developable parcels would not be created<br />

and the resulting density or intensity of the affected property would not exceed<br />

the applicable criteria indicated in the Table 2.<br />

(b) The sound attenuation and avigation easement dedication requirements set by Policies<br />

3.1.7 and 4.1.5 shall apply to development permitted under this policy.<br />

2–32 <strong>Yuba</strong> <strong>County</strong> <strong>Airport</strong> <strong>Land</strong> <strong>Use</strong> <strong>Compatibility</strong> <strong>Plan</strong> (September 2010 Draft)

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