A.

This title shall be known as the Development Code of the city of Big Bear Lake.

B.

This Development Code is adopted under the authority granted to the city of Big Bear Lake by Article XI, Section 7 of the California Constitution and in accordance with the requirements of California Government Code Sections 65800 et. seq. and 66410 et. seq.; and by the Charter of the city of Big Bear Lake, adopted November 8, 1983, as it may be amended from time to time.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

This Development Code provides for the creation of zones in the incorporated area and sphere of influence of the city of Big Bear Lake, and prescribes classes of uses, area requirements, and standards of development for buildings, structures, improvements and premises in said zones. The standards and regulations contained herein to govern the use and development of property are intended to protect the public health, safety, welfare, and convenience and to enhance quality of life, by ensuring that an appropriate mix of land uses is developed in an orderly manner. The specific objectives of the Development Code include the following:

A.

To implement the goals, objectives, and policies of the general plan, and to guide and manage the future growth of the city in accordance with such plan;

B.

To protect the physical, social, and economic stability of residential, commercial, recreational, and other land uses within the city to assure its orderly and beneficial development;

C.

To protect existing residents and property owners from the adverse effects of incompatible uses, while allowing for the infill and redevelopment of areas at a scale and character compatible with surrounding properties;

D.

To accommodate expansion of development into vacant and under-utilized lands, while considering environmental and infrastructural conditions;

E.

To permit a variety of businesses so as to strengthen economic vitality;

F.

To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements;

G.

To conserve significant natural resources;

H.

To ensure compliance with applicable county, state, and federal laws and regulations; and

I.

To establish Big Bear Lake as a safe community with a high quality of life for residents, a diverse economic base, an aesthetically pleasing appearance in keeping with the natural mountain environment, and adequate infrastructure to serve present and future needs, while maintaining and enhancing its character as a year-round destination resort and recreation area.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

A.

In accordance with California Government Code Section 65403(c), which requires that local jurisdictions implement their general plans once adopted, this Development Code is intended to implement the city of Big Bear Lake general plan adopted by Resolution No. 99-36 on August 3, 1999. As stated in the general plan, "the Development Code is the primary tool for implementing the general plan . . . .[by regulating] development through the creation of zone districts shown on the zoning map, with accompanying text which outlines the permitted uses allowed and development standards required within each zone."

B.

Adoption of this Development Code is consistent with Policy L1.2 of the general plan Land Use Element, which states that the city will "Ensure that the zoning map, Development Code, specific plans, and other applicable development-related ordinances are brought into conformance with the general plan, as soon as practical after the general plan is adopted." Further, adoption of this Development Code is consistent with numerous other general plan policies and programs which reference its adoption as a means of implementing the general plan.

C.

In accordance with California Government Code Section 65855, which requires that zone text amendments shall also be consistent with any applicable specific plan, the adoption of this Development Code is consistent with the Village Specific Plan adopted by Ordinance No. 87-142 because the zoning map adopted in conjunction with this Development Code indicates the area that is governed by the Village Specific Plan. Further, this Development Code contains specific standards to supplement the Village Specific Plan in order to encourage pedestrian-oriented commercial uses in the village area, such as standards for outdoor dining and temporary display of merchandise.

D.

Any interpretation of this Development Code shall be made in conformance with the general plan. In no case shall this Development Code be interpreted to allow a use, or development type or intensity, which is not in conformance with the general plan.

E.

No land shall be developed nor shall any use be approved or initiated or permit approved which is not in conformance with the general plan, applicable specific plan, this Development Code, or other applicable provisions of the Big Bear Lake Municipal Code.

F.

No land shall be developed nor shall any use be approved or initiated or permit approved which is not in conformance with all applicable federal, state, or county adopted plans, regulations, or programs, including, but not limited to, National Pollution Discharge Elimination System (NPDES) and San Bernardino County Hazardous Waste Management Plan.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

A.

Except as otherwise provided in this section, the provisions of this Development Code shall apply to all real property located within the incorporated boundaries of the city of Big Bear Lake, including land and improvements.

B.

This Development Code is intended to be implemented in conjunction with other applicable codes and ordinances of the city of Big Bear Lake, including but not limited to building and fire codes, engineering design standards, and development-related ordinances. Where such other codes and ordinances are less specific or restrictive than the language of this Development Code, the provisions of this Development Code shall govern; but when such other codes and ordinances are more specific or restrictive than the language of this Development Code, the more specific or restrictive language shall govern.

C.

This Development Code shall not apply to any land and/or improvements located within the incorporated boundaries of the city of Big Bear Lake which are owned by other governmental entities having authority for environmental review and land use approval and for which state or federal regulations pre-empt local zoning ordinances.

D.

Whenever reference is made to any portion of this Development Code, or of any other law or ordinance, the reference applies to all amendments and additions, now or hereafter made, to this Development Code and to such laws and ordinances.

E.

The provisions of this Development Code shall not be construed to limit or interfere with the installation, maintenance, and operation of public utility pipelines and transmission lines, when located within a public right-of-way or easement and permitted by easement or franchise.

F.

Existing Permits and Approvals.

1.

Any building for which a valid building permit was issued under the provisions of earlier ordinances of the city which are in conflict with this Development Code, before the effective date of this title, may be continued and completed in accordance with the plans and specifications upon which the permit was issued, provided that such permit is valid at the time of commencement of construction and that substantial work has been completed and substantial liabilities have been incurred in good faith reliance upon said building permit.

2.

Subdivision of property pursuant to a tentative tract map or tentative parcel map which has been approved pursuant to the provisions of earlier ordinances of the city prior to the effective date of this Development Code, and which is in conflict with this title, may be continued and completed in accordance with the provisions of approval provided it is completed within the time limit in effect at the time of its approval, and provided that it complies with all other ordinances and laws in effect at the time the application was deemed complete. Final tract maps and final parcel maps may be approved pursuant to this section, provided that building permits and other permits issued for any lots created pursuant to this paragraph, shall be consistent with the applicable provisions of this Development Code.

3.

The rights given by any permit, license, or other approval under any ordinance repealed by this Development Code, shall not be affected by such repeal, but such rights shall hereafter be exercised in accordance with the provisions contained herein.

4.

Nothing in this Development Code shall be interpreted to supersede the provisions of a development agreement which was adopted prior to the effective date of the Development Code, and which is still in effect on that date. However, in any instance where such development agreement is silent on standards, requirements or other provisions which are contained in this Development Code, and such provisions are not in conflict with the development agreement, the Development Code shall govern.

G.

Pending Applications. After the effective date of this Development Code, any pending land use application that was not deemed complete as of that date shall be subject to the applicable provisions of the Development Code, except for subdivisions. Any pending subdivision application which has been deemed complete as of the effective date of this Development Code shall be subject to the provisions of the Development Code and other ordinances which were in effect on the date such application was deemed complete; except that in cases where the applicant informs the city, in writing, that the applicant wishes the application to be reviewed pursuant to this Development Code, then the provisions contained herein shall apply.

H.

Previous Violations. Any use, building, or improvement which was determined to be a violation of city codes, ordinances or requirements prior to the effective date of this Development Code, shall be deemed to be a continuing violation.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

A.

This title shall be administered by the city planner/community development director, whose responsibilities include the following functions to be carried out either directly or by subordinate employees:

1.

Application Process. Receive and review all applications for development pursuant to this title. Processing includes the certification of completed applications; the establishment of a permanent file; posting of public notices; collection of applicable fees; preparation of reports; processing of appeals; and presentation of staff reports to the development review committee, planning commission, and city council.

2.

Interpretation. Interpret the provisions and advise the public on the requirements of this title.

3.

Amendment. Initiate action for amendment of this title where it is determined that such amendment would better implement the general plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this title.

4.

Permit Issuance. Issue permits under this title and certify that all such permits are in full conformance with its requirements.

5.

Coordination. Refer and coordinate matters related to the administration of this title with other agencies and city departments and provide information on the status of all development permits.

6.

Enforcement. Ensure compliance with development standards and regulations, and project conditions of approval.

7.

Authority. The city planner/community development director shall exercise that authority set forth in Government Code 65900 et seq. and as set forth hereafter.

B.

All elected and appointed officials, officers, and employees of the City of Big Bear Lake shall have the right and responsibility to ensure compliance with the Development Code.

C.

All departments, officials, or employees vested with the duty or authority to issue permits or licenses where required by law, shall conform to the provisions of this Development Code. Licenses or permits for uses, structures, or purposes where the same would be in conflict with the provisions of this Development Code shall not be issued. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void.

D.

The city of Big Bear Lake, except as concurred in or authorized by development agreement or legislative act, shall have no responsibility to administer or enforce the provisions of private deed restrictions or covenants. When advised of such restrictions at public hearings for land use entitlements, due consideration shall be given only insofar as such restrictions may have a material effect upon the matter under review.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

A.

When uncertainty exists as to the meaning or applicability of any provisions of this Development Code, the city planner/community development director shall have the authority to interpret the Development Code, or to refer such interpretation to the planning commission pursuant to Section 17.03.080(A). Any decision by the city planner/community development director on a Development Code interpretation may be appealed to the planning commission, and any decision of the planning commission in such case may be appealed to the city council, pursuant to Section 17.03.110 of this Development Code.

B.

In interpreting and applying the provisions of this Development Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. It is not intended by this Development Code to interfere with or abrogate or annul any easement, covenant or other agreement between parties. Where this Development Code imposes a greater restriction upon the use of building or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this Development Code shall control.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

A.

In order to carry out the provisions of this Development Code, the following zone districts are established:

B.

The boundaries of zone districts, as established herein, are shown on the official zoning map of the City of Big Bear Lake, adopted by Ordinance No. 2003-333, as it may be amended from time to time by adoption of an ordinance pursuant to Section 17.03.190 of this Development Code. The official zoning map and all notations, references, and other information shown thereon, shall be as much a part of this Development Code as if all the information set forth by said map were fully described herein.

C.

The regulations of this Development Code governing the uses of land, buildings, structures, yards, and other matters as hereinafter set forth as hereby established and declared to be in effect upon all land included within the boundaries of each and every zone district shown on the official zoning map.

D.

Where uncertainty exists as to the boundaries of any zone district shown on the official zoning map, the following rules shall apply:

1.

Where such boundaries are indicated as approximately following lot lines, easements or public rights-of-way, such features shall be construed to be the zone district boundary. Where such boundaries are indicated as within street and alley lines, or within identifiable rights-of-way or creeks, the centerline thereof shall be construed to be the zone district boundary.

2.

Where a zone district boundary crosses a lot, the location of such boundary shall be determined by use of the scale appearing on the map.

3.

Where a public right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned right-of-way.

4.

A symbol, or symbols, indicating the classification of property on the official zoning map, shall in each instance apply to the whole of the area within the zone district boundaries.

5.

Where uncertainty remains, the planning commission shall determine the location of the boundary, based upon conformance with the general plan.

E.

Wherever a lot or development site is divided by zone district boundaries, the regulations applicable within each zone shall apply to each portion of the lot or site situated in that zone.

F.

A numeral following the zone designation on the official zoning map shall specify the minimum lot size permitted. Where this numeral is over one thousand (1,000), the designated lot size shall signify square feet. When less than one thousand (1,000), the designated lot size shall signify acres.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

A.

Except as hereinafter provided, buildings or structures shall be erected, reconstructed, structurally altered, enlarged, moved or maintained, and buildings, structures or land shall be used or designed to be used, only for uses permitted in the zone in which such buildings, structures or land is located, and then only after applying for and securing all permits and licenses required by all applicable laws and ordinances.

B.

Parcels of land held under separate ownership on the effective date of this Development Code shall not be reduced in any manner below the minimum lot area, size, or dimension specified herein.

C.

Lot area shall not be so reduced or diminished that the required yards, open space or lot area shall be smaller than prescribed in this Development Code, nor shall population density or intensity of the use be increased in any manner except in conformity with the regulations established herein.

D.

Yards or other open spaces required around an existing building, or which are hereafter provided around any building for the purpose of complying with the provisions of this Development Code, shall not be considered as providing a yard or required open space on an adjoining lot whereon a building is to be erected.

E.

If two or more parcels of land or portions thereof are being combined in order to create a building site which will more nearly meet the lot area requirements set forth herein, said parcels shall be deemed as having met the lot area requirements of this Development Code provided they meet the following conditions:

1.

The lots existed on the effective date of this Development Code; and

2.

The resulting lot shall be not less than eighty percent (80%) of the lot area required by the applicable zone district at the time the lots are combined, but in no event less than five thousand seven hundred sixty (5,760) square feet.

F.

Where the area, yard or setback regulations cannot be reasonably complied with, or their application cannot be determined on lots of irregular shape or topography, such regulations may be modified or determined pursuant to Section 17.03.180 of this Development Code.

G.

Required setbacks and yards areas shall be measured from the property line. No portion of an adjacent public right-of-way may be used to calculate lot area, setbacks, or open space for the purpose of meeting the zoning requirements of this Development Code.

H.

Distance between structures, or between a structure and any property line, setback line, or other line or location prescribed by this Development Code, shall be measured to the exterior face of the nearest wall or vertical support of each structure.

I.

If a lot or parcel of land has not less than the required area, and after the creation of such lot or parcel of land a part thereof is acquired for public use exclusively, in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel of land has not less than eighty percent (80%) of the required area, but in no event less than five thousand seven hundred sixty (5,760) square feet, then such remainder shall be considered as having the required lot area.

J.

When a portion of a lot or parcel of land is sold or transferred after the effective date of this Development Code and as a result of such sale or transfer one or more parcels are created of such an area as to no longer conform to the requirements of this title, then in the determination of the permissible number and location of any buildings on any lot or parcel of land so created by such sale or transfer, the portion sold or transferred and the remainder shall be considered as one parcel.

K.

Lot frontage and access shall be provided as follows:

1.

Each lot or parcel of land shall have street or highway frontage of not less than thirty-five (35) feet, except as provided in this section.

2.

The creation of a flag lot may be permitted by the reviewing authority if the following criteria are met by the proposal. For purposes of this section, the term "flag lot" shall mean a lot not fronting on or abutting a street right-of-way and where access to the right-of-way is provided by a narrow portion of the lot.

a.

The flag lot is necessary to preserve slopes, trees, significant habitat areas, topographic features, or other natural resources.

b.

The body of the lot meets the lot area, width and depth requirements of the zone. (For purposes of this section, the "body" of the lot shall mean the portion of the lot containing the developable area, exclusive of the narrow portion of the lot intended for access purposes.)

c.

The handle portion of the lot is at least twenty (20) feet in width and not more than one hundred twenty (120) feet in length. (For purposes of this section, the "handle" portion of the lot shall mean the narrow portion of the lot intended for access purposes.)

d.

The lot has at least twenty (20) feet of frontage on a public or private street, which frontage serves as access to the subject lot only.

e.

The portion of driveway providing access from the street shall be no greater than twelve (12) feet wide to minimize paved surface and maximize open space potential, except as otherwise required by the fire department.

f.

The address of the flag lot shall be clearly visible from the street for emergency vehicles.

L.

In cases of uncertainty regarding determination as to location of the front, side, and rear lot lines, the city planner/community development director shall determine these designations. This may include but not be limited to the following cases:

1.

Corner lots or parcels of land with two street and/or highway frontages approximately equal in length;

2.

Through lots or parcels of land fronting on two or more streets and/or highways;

3.

Flag lots or parcels where the only contiguous boundary to a public street or highway is provided by a driveway or other private access.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

The following requirements shall apply to the use of land throughout the city.

A.

The generation of vibration of a duration and intensity so as to be excessive, disturbing, or objectionable to persons located offsite, shall not be permitted.

B.

No operation or activity shall emit heat or cold which would cause a temperature increase or decrease on any adjacent property in excess of ten (10) degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure.

C.

No operation, activity, sign, or lighting fixture shall create illumination on adjacent property that exceeds three foot-candles, whether the illumination is direct or indirect light from the source.

D.

No operation or activity shall be permitted to emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable which is detectable with or without the aid of instruments at or beyond the property line.

E.

No operation or activity shall cause any source of electrical or electronic disturbance that adversely affects persons or the operation of any equipment on any other lot and is not in conformance with the regulations of the Federal Communication Commission.

F.

No operation or activity shall cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution which can cause damage to health, animals, vegetation, or other forms of property, or which can cause excessive soiling on any other lot. No emission shall be permitted which exceeds the requirements of the South Coast Air Quality Management District.

G.

An operation or activity involving the storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire suppression equipment and devices in accordance with the requirements of the Big Bear Lake fire protection district and Uniform Fire Code. Burning of waste materials in an open fire is prohibited.

H.

No operation or activities shall be permitted which result at any time in the release or emission of any fissionable or radioactive materials into the atmosphere, the ground, or sewerage system.

I.

No operation or action shall discharge at any point into any public or private street, public or private sewer, stream, body of water, or into the ground any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accord with applicable standards approved by governmental agencies having jurisdiction. All grading, grubbing, clearing, soil disturbance, an/or construction operations shall comply with the erosion control and best management practices of the city's current permit for the National Pollution Discharge Elimination System (NPDES), as it may be amended from time to time.

J.

The following restrictions shall apply to noise:

1.

Noise generated from construction, maintenance, or demolition activities which is unusually loud, excessive, raucous or disturbing at or beyond the property line of the site on which the activity is occurring shall not be permitted between the hours of seven p.m. and seven a.m., or on Sundays or national holidays, except as approved by the chief building official based on a determination that the work to be performed will not have an adverse effect on public health, safety and welfare, or that the work is necessary to correct a potentially harmful or adverse situation.

2.

Between the hours of seven p.m. and seven a.m. of the following day, no person shall operate any lawn mower, backpack blower, lawn edger, riding tractor, chain saw, or any other machinery, equipment, or other mechanical or electrical device, or any hand tool which creates an unusually loud, excessive, raucous, impulsive, or disturbing sound, within any residential zone, or within any commercial zone which can be heard from any inhabited real property in residentially used or designated properties, or from a commercial lodging facility. This section shall not be interpreted to prohibit snow making or snow grooming activities within approved winter resort project areas, or snow removal operations, including any audible safety alarms that are required by law for these operations.

3.

No peddler or mobile vendor or any person in their behalf shall shout, cry out, or use any device or instrument to make sounds for the purpose of advertising.

4.

No person owning or having the charge, care, custody, or control of any dog, or other animal, shall allow or permit the same to habitually howl, bark, yelp, or make other noises, in such a manner as to create a noise disturbance.

5.

No person shall operate or permit the operation or playing of any device which reproduces, produces, or amplifies sound in such a manner as to be unusually loud, excessive, raucous or disturbing from residentially used or designated properties or commercial lodging facilities between the hours of ten p.m. and seven a.m., except as otherwise authorized through issuance of a special event permit, pursuant to Section 17.03.300.

6.

No person shall operate or permit the operation or playing of any device which reproduces, produces, or amplifies sound in such a manner as to be loud, excessive, raucous or disturbing from fifty (50) feet, if such device is operated on or over any public right-of-way, except as otherwise authorized through issuance of a special event permit, pursuant to Section 17.03.300.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

A.

Any building or structure erected or maintained, or any use of property contrary to the provisions of this Development Code, is declared to be unlawful and a nuisance pursuant to California Government Code, Section 38771, and the city may commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and may take such other steps, and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use, and restrain and enjoin any person from erecting or maintaining such building or structure, or using any property contrary to the provisions of this Development Code.

B.

All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

C.

The city planner/community development director, senior code compliance officer, chief building official, or designee, are hereby authorized to notify, cite, and take legal action against any person who is in violation of the provisions of this Development Code. The city attorney or city prosecutor shall institute any legal proceedings to enforce the provisions of this Development Code.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))