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Blue Lake City Zoning Code

CHAPTER 17

16 REGULATIONS FOR THE PRINCIPAL ZONES

§ 17.16.010 General Regulations.

In addition to the regulations specified in this chapter for each of the principal zones, the general regulations set forth in Chapter 17.24 shall be applicable to each and every such zone. In the event of conflict between the particular regulations set forth in Chapter 17.24, the more restrictive regulations shall apply. In doubtful cases, the Planning Commission shall determine which of the conflicting regulations shall be applicable.

§ 17.16.020 Agriculture Exclusive or A-E Zone.

The Agriculture Exclusive or A-E Zone is designed to provide for very low density farm or open-space/residential uses to protect and preserve low density areas in their present state or desired character. It is intended that the A-E District will afford areas where semi-rural residential and agricultural uses can be maintained without impairment from industrial, commercial or more intensive residential land use.
A. 
Principal Permitted Uses.
1. 
Residential Land Use. A maximum of one dwelling unit for 10 acres and one additional dwelling unit for each additional 10 acres, subject to the development standards specified in Section 17.24.260. Such dwelling units shall be occupied by the farm owner and farm employees only.
2. 
Raising and harvesting of field, tree or bush crops.
3. 
Raising of three cattle, or 14 goats/sheep, or 20 rabbits per acre.
4. 
Facilities and storage incidental to a construction project and located on the project site.
5. 
Publicly owned or operated buildings or properties, including publicly owned or operated parks, playgrounds and other recreational uses.
6. 
Home occupations, subject to Section 17.24.060.
B. 
Uses Permitted With a Use Permit.
1. 
Sales stands for the sale of farm or ranch products produced on the premises or items similar to these products or related to the sale of these products.
2. 
Pig farm or poultry farm, if more than 1,000 feet from the nearest dwelling unit in an "R" Zone.
3. 
Auction yard, raising animals at a greater density than permitted in paragraph A.3 of this section, slaughterhouse or slaughter operation, subject to:
a. 
Compliance with state and federal regulations; and
b. 
Locations more than 1,000 feet from the nearest dwelling unit in an "R" Zone.
4. 
Public utility buildings and facilities when necessary for serving the surrounding territory, provided that no public business offices and no repair and storage facilities are maintained therein.
5. 
Facilities or storage used for construction on a lot or lots other than the parcel or parcels used for such facilities storage. Such use shall maintain the setbacks provided by the requirements of paragraph C.2 of this section.
C. 
Other Regulations.
1. 
There shall be lots of not less than five acres, unless smaller when rezoned Z-E.
2. 
For all residential uses:
a. 
There shall be a front yard of not less than 40 feet.
b. 
There shall be two side yards, each having a width of not less than 30 feet.
c. 
There shall be a rear yard having a depth of not less than 30 feet.
3. 
The main building and all accessory buildings shall not occupy more than 10% of all standard lots and substandard lots two acres or more in total area. For substandard lots of less than two acres, this coverage allowance shall not exceed 20% of the total area.
4. 
No building shall exceed a height of two stories, not to exceed 30 feet.
5. 
Sales stands or accessory buildings shall be located not nearer than 50 feet from any one side or rear property line and shall not be located nearer than 40 feet from the front property line.
6. 
It is hereby declared a nuisance and it shall be unlawful to keep, maintain, or permit on any parcel, lot or piece of land any animal, poultry, or household pet, which by any sound, smell or cry should unreasonably disturb the peace and comfort of any neighborhood, or interfere with any person or prevent the reasonable and comfortable enjoyment of life or property.
D. 
Definitions.
Pig Farm.
A pig farm is an agricultural operation conducted for the primary or secondary purpose of breeding and/or selling of feeder pigs, and/or the fattening of any swine for slaughter.
Poultry Farm.
A poultry farm is an agricultural operation conducted for the primary or secondary purpose of egg production, and/or the fattening for slaughter of chickens, capons, turkeys or geese. For purposes of this title, a poultry farm shall be defined as an operation containing more than 25 poultry animals per net acre.
Slaughter House or Slaughter Operation.
A slaughter house or slaughter operation whereby animals are killed and the animal carcass or parts thereof is offered for sale. This section is not to be construed as prohibiting the slaughter of livestock for personal and family use.

§ 17.16.030 Residential One-Family or R-1 Zone.

The Residential One-Family or R-1 Zone is intended to be applied in single-family home development in areas of the City in which topography, access, utilities and public services make residential density living both suitable and desirable.
A. 
Principal Permitted Uses.
1. 
Single-family dwellings and servant quarters and guest houses, subject to the development standards specified in Section 17.24.260.
2. 
Public parks and playgrounds.
3. 
Home occupations, subject to Section 17.24.060.
B. 
Uses Permitted With a Use Permit.
1. 
Two-family dwellings.
2. 
Churches, schools, rest homes and clinics, and libraries.
3. 
Bed and breakfast accommodations.
C. 
Other Regulations.
1. 
R-1 minimum lot area: 6,000 square feet, for all lots created on or after September 10, 1987.
2. 
R-1-10 minimum lot area: 10,000 square feet.
3. 
Minimum yard: front, 15 feet; rear, 20% of depth to a maximum of 20 feet; side, four feet.
4. 
Maximum building height: 35 feet.
5. 
Maximum ground coverage: 40%.
6. 
Animal stable or corrals shall be maintained in conformance with Section 17.24.020.
7. 
Off-street parking as prescribed in Section 17.24.100.
8. 
No outdoor advertising sign or structures shall be permitted except for home occupation and real estate signs, as prescribed in Section 17.24.120.
9. 
Site plan approval, as prescribed in Section 17.24.250, for uses permitted with a use permit pursuant to subsection B of this section.
The Planning Commission is hereby empowered to allow a single-family home to be constructed or placed within the City of Blue Lake with alternative reasonable development standards substituted for those hereinabove set forth, or to exempt such a home from the strict application of such development standards, upon a showing of good cause. A principal criterion for determining whether good cause exists for such exemption or substitution shall be compatible with the neighborhood in which the single-family home is proposed to be constructed or placed. Application for such substitution of, or exemption from, development standards shall be made to the Planning Commission and any appeal to the City Council from a decision of the Planning Commission may be taken, in accordance with the procedures set forth in Section 17.24.250, Site Plan Approval.

§ 17.16.040 Residential Two-Family or R-2 Zone.

Residential Two-Family or R-2 Zone is intended to provide and encourage a suitable environment for urban family living and to apply in areas of the City where it is reasonable to permit and protect medium density development. The following regulations shall apply in all Residential Two-Family or R-2 Zones.
A. 
Principal Permitted Uses.
1. 
Single-family dwellings, and servant and guest houses, subject to the development standards specified in Section 17.24.260.
2. 
Two-family dwellings.
3. 
Home occupations, subject to Section 17.24.060.
B. 
Uses Permitted With a Use Permit.
1. 
Hotels, motels, rooming and boarding houses.
2. 
Recreation parks.
3. 
Religious institutions.
4. 
Private and non-commercial clubs and lodges.
5. 
Rooming and boarding or more than two guests in any dwelling not designed or intended as a rooming or boarding house.
6. 
Bed and breakfast accommodations.
C. 
Other Regulations.
1. 
R-2 density and minimum lot area:
a. 
Minimum lot area: 6,000 square feet, for all lots created on or after September 10, 1987.
b. 
Maximum density: one dwelling unit per 2,500 square feet of lot area.
2. 
Maximum ground coverage: 60%.
3. 
Minimum yards: front, 20 feet; rear, 60% of depth to a maximum 15 feet; side, 4 feet.
4. 
Special Yards for Dwelling Groups. The distance between separate buildings of a dwelling group shall be not less than 10 feet. The distance between the front of any dwelling unit in the group and any other building shall not be less than 20 feet. The distance between the front of any dwelling unit in the group and any side lot shall be not less than 12 feet. All of the above distances shall be increased by two feet for each story that any building on the lot exceeds two stories.
5. 
Maximum building height: 35 feet, or not exceeding two stories.
6. 
Off-street parking as prescribed in Section 17.24.100.
7. 
No outdoor advertising signs or structures shall be permitted.
8. 
Landscaping as prescribed in Section 17.24.240.
9. 
Site plan approval as prescribed in Section 17.24.250.
10. 
Signs, other than outdoor advertising signs or structures, as prescribed in Section 17.24.120.

§ 17.16.050 Residential Multiple Family or R-3 Zone.

The Residential Multiple Family or R-3 Zone is created to provide an environment for apartment development and higher residential uses and to provide for residences in mobile home parks and for professional offices.
A. 
Principal Permitted Uses.
1. 
Single-family dwellings, and servant and guest houses, subject to the development standards specified in Section 17.24.260.
2. 
Two-family and three-family dwellings.
3. 
Multiple dwellings and dwelling groups for not more than four families.
4. 
Home occupations, subject to Section 17.24.060.
B. 
Uses Permitted With a Use Permit.
1. 
Hotels and motels, multiple dwellings and dwelling groups of more than four families, rooming houses and boarding homes.
2. 
Social halls, fraternal and social organizations.
3. 
Mobile home parks (subject to regulations in Section 17.24.090).
4. 
Professional offices.
5. 
Bed and breakfast accommodations.
6. 
Multiple dwellings not exceeding one unit per 2,000 square feet of lot area.
C. 
Other Regulations.
1. 
R-3 Density and Minimum Lot Area.
a. 
Minimum lot area: 6,000 square feet for all lots created on or after September 10, 1987.
b. 
Maximum density: one dwelling unit for each 2,000 square feet of lot area.
2. 
Minimum lot width: 50 feet.
3. 
Maximum ground coverage: 60%.
4. 
Minimum yards: front, 15 feet; rear, 10 feet; side, five feet.
5. 
Special Yards for Dwelling Groups. The distance between separate buildings of a dwelling group shall not be less than 10 feet. The distance between the front of any dwelling unit in the group and any other buildings shall not be less than 20 feet. The distance between the front of any dwelling unit in the group and any side lot line shall not be less than 12 feet. All of the above distances shall be increased by two feet for each two feet that any building on the lot exceeds two stories.
6. 
Maximum building height: 45 feet.
7. 
Maximum number of household pets for each dwelling unit: two.
8. 
Off-street parking as prescribed in Section 17.24.100.
9. 
Off-street loading as prescribed in Section 17.24.110.
10. 
No outdoor advertising signs or structures shall be permitted.
11. 
Landscaping as prescribed in Section 17.24.240.
12. 
Site plan approval as prescribed in Section 17.24.250.
13. 
Signs, other than outdoor advertising signs or structures, as prescribed in Section 17.24.120.

§ 17.16.061 Retail Commercial or RC Zone.

The Retail Commercial or RC Zone is intended to retain the character of downtown while protecting the integrity of the Dave Power's Creek. These include downtown and neighborhood commercial locations which are primarily retail in character, with some light services to include professional, personal and financial. The following regulations apply to all Retail Commercial or RC Zones.
A. 
Principal Permitted Uses.
1. 
Stores and Retail Businesses. This use type includes stores, agencies and services of a light commercial character conducted entirely within an enclosed building, such as antique shops, art galleries, bakery shops, beauty and barber shops, book stores, clothing stores, coin-operated or assisted dry cleaning and laundry facilities, pharmacies, florists, tailor shops, furniture stores, automobile service stations, studios, enclosed theaters, food markets, hardware and appliance stores, and variety stores.
2. 
Professional Offices and Services. This use type includes administrative activities of private, profitoriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; and professional consultative, real estate and financial services. It also includes administrative uses defined as those typically performed in public, public nonprofit, parochial, and public utility administrative offices. Uses of this type include banks, personal service shops, visitor service facilities and businesses of a similar nature.
3. 
Social Halls, Fraternal and Social Organizations. This use type includes any non-commercial building or portion thereof that is utilized for social or community gatherings that are open to the public or restricted to members.
4. 
Restaurants and Appurtenant Services. This use type includes any establishment whose principal business is the preparation and sale of food and beverages, excluding establishments with drivethru windows, franchise or formula businesses, and restaurants operating in conjunction with a bar.
5. 
Craft and Artisan Uses. This use type includes painting, sculpture, papermaking, photography, ceramics, pottery, glass, wooden art items, textiles (spinning, weaving, dyeing) or other craft and artisan uses determined by the City Planner to be of the same general character and which will not be obnoxious or detrimental to the district. The City Planner or any interested party may request that such determination be brought before the Planning Commission. Floor area for such a use shall be no greater than 5,000 square feet, except that salesrooms or other permitted uses associated with the craft or artisan use may use additional area.
6. 
Stores and shops not listed which, in the opinion of the City Planner, are of the same general character and will not be obnoxious or detrimental to the district. The City Planner or any interested party may request that such determination be brought before the Planning Commission.
7. 
Outdoor advertising signs and structures, when associated with any use permitted in the district and when located on the premises on which such use is conducted; also outdoor advertising signs and structures when used for information or directional purposes.
8. 
Home occupations, subject to Section 17.24.060.
9. 
Open space, corridors, walkways, and ecological restoration projects.
B. 
Uses Permitted With a Use Permit.
1. 
Single-family dwellings, and servant and guest houses, subject to development standards specified in Section 17.24.260 and standards specified in paragraph (D)(8) of this section.
2. 
Two-family and three-family dwellings, when secondary to a principal permitted use, subject to standards specified in paragraph (D)(8) of this section.
3. 
Public parks and playgrounds.
4. 
Undertaking establishments and mortuaries.
5. 
Bars, including clubs for dancing and entertainment, and restaurants in conjunction with a bar.
6. 
Animal hospitals, pet shops and commercial kennels.
7. 
Furniture and upholstery repair shops.
8. 
Shopping centers.
9. 
Religious and/or spiritual institutions.
10. 
Rest homes and clinics.
11. 
Storage of household goods; second-hand stores and pawn shops.
12. 
Listed uses that do not meet all the requirements stated in this section but due to specific project design and amenities in the opinion of the Planning Commission conform to the purpose and intent of this section.
13. 
Other uses not specifically listed herein that, in the opinion of the Planning Commission, are of the same general character and will not be obnoxious or detrimental to the district.
C. 
Uses Not Allowed.
1. 
Drive-thru restaurants are not allowed in the RC Zone.
D. 
Other Regulations.
1. 
Maximum building height: 45 feet vertical.
2. 
Maximum ground coverage: 60% of lot area.
3. 
Maximum density: one dwelling unit per net 2,500 square feet of lot area.
4. 
Yards Required.
a. 
Front Yard. In case of a commercial-zoned property bordering on property in an R District, the front yard shall be the same as required for the adjacent R District. No other front yards shall be required.
b. 
Rear Yard. Ten feet for every building or portion thereof which is designed or used for any dwelling purpose, and 10 feet for any commercial-zoned lot bordering on property in any R or A District. No other rear yards shall be required.
5. 
Site plan approval as prescribed in Section 17.24.250 shall be necessary to ensure that the architecture and general appearance of all commercial buildings and grounds are in keeping with the character of the neighborhood and are not detrimental to the public health, safety and general welfare of the community. Commercial and residential structures located within the City Center boundary are subject to the City's Downtown Design Guidelines.
6. 
Parking.
a. 
Off-street parking as prescribed in Section 17.24.100; provided, however, that off-street parking requirements in the RC Zone for already developed properties included on the City's historic list or designated district may be waived by the City Planner when no reasonable alternative is available, and if: (i) the waiver is only for commercial uses in the RC Zone; and (ii) no reduction in available or potential parking spaces is proposed.
b. 
The Planning Commission may waive off-street parking spaces otherwise required based on the historical nature of the property, the architectural or landscaping amenities that would be displaced by parking, or the availability of space on a parcel with existing improvements.
c. 
Off-street parking for one use may be applied toward a second use if it can be shown that restriction of hours prevents overlapping of uses.
d. 
New or existing developments proposing provision and maintenance of public open space may request, through the conditional use permit process, a reduction in off-street parking requirements for commercial uses. The Planning Commission shall make a finding that the open space provided is consistent with community goals and is of greater value to the City Center than additional off-street parking.
e. 
Location and Paving. Off-street parking is to be located away from street frontage. Parking spaces shall be screened with fencing or landscaping of not less than three feet in height. All off-street parking, loading zones, turnaround areas, etc., shall be paved or provided a permanent, dustless and durable surface.
7. 
Off-street loading as prescribed in Section 17.24.110.
8. 
Dwellings, and uses or structures accessory to dwellings, shall meet one or more of the following, as applicable:
a. 
Be located on the second floor of a structure;
b. 
Be located in the rear of the lot or structure, or behind the commercial use so as not to front directly on the street;
c. 
Be determined by the Planning Commission to not adversely affect the commercial character of the district.
9. 
Landscaping as prescribed in Section 17.24.240.
E. 
Performance Standards.
1. 
Toxic Substances. No use shall be permitted which involves processes that will result in any toxic substances escaping (by air or water) from the site. Medical wastes are to be disposed of according to all applicable regulations.
2. 
Signs. All signs shall be regulated as prescribed in Section 17.24.120.
3. 
Lighting. All outdoor lighting shall be minimized and designed, located, and shielded so that lights shine toward and remain on individual property and not on public streets, open space or adjacent property owners without specific written consent. The type and usage of all exterior lighting must be approved by the City Planner prior to installation.
4. 
Noise. No use, activity, or process shall generate noise in excess of the noise level standards in Section 17.24.280(C)(3). New uses that are estimated to exceed the noise level standards in Section 17.24.280(C)(3) shall be required to incorporate noise mitigation measures into the project design to ensure compliance with the noise level standards in Section 17.24.280(C)(3). Existing uses that are determined to exceed the noise level standards in Section 17.24.280(C)(3) shall be required to implement effective noise mitigation measures to achieve compliance with Section 17.24.280(C)(3).
5. 
Dust. Fugitive dust from an activity or site is considered a nuisance and shall not be allowed to be generated in the RC Zone.
6. 
Sewage. Sewage disposal shall require on-site improvements (interceptor tanks, grease traps, etc.) for those uses that are found by the Public Works Director to generate wastes that may cause a difficulty to the treatment system.
7. 
Storage, Service and Loading Areas.
a. 
All equipment and materials storage areas shall be fenced to a height of not less than four feet and be consistent with other regulations regarding fencing. In addition, all such areas shall be screened from view from any residential area, public roadway, or recreational use area. Such fencing and screening need not comply with yard setbacks, but shall be outside of access drive locations and be consistent with the City's visibility obstruction regulations (Section 17.24.190).
b. 
Materials, equipment, supplies, garbage containers, recycling bins, and vehicles shall be stored within an enclosed building or behind visual barriers such as fences with lath or walls, berms, or plantings. No storage of material, including garbage containers, is to be located in front of the building.
8. 
Nuisances. No noxious or offensive activity shall be carried out upon any parcel, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Nuisances include, but are not limited to, noise, dust, smoke, traffic, parking, electrical interference, lighting, unsightliness, vibration, air emissions, odor, humidity, heat, cold, or glare.
9. 
Livestock and Poultry. Refer to Section 17.24.020, Accessory Uses, subsection A, Animals and Animal Shelters.
10. 
Garbage and Refuse Disposal. No parcel shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers.
11. 
Drive-Ins and Take-Outs (Not Drive-Thru). Any restaurant use that produces products for take out consumption must provide and implement a trash disposal plan prior to approval. Such plan may require, among other things, the placement and maintenance of off-site public trash cans a certain distance from the facility.
12. 
Watercourses. Streams, lakes, wetlands and other watercourses shall be provided adequate setback and access restrictions to protect the biological integrity of the watercourse. A 25-foot horizontal from bankfull width setback, measured from horizontal bankfull, from edge of stream bank or wetland shall be provided. Exceptions to the setback may be permitted with mitigation approved by the Planning Commission.
(Ord. 540 § 2, 2021)

§ 17.16.063 Service Commercial or SC Zone.

This zone is intended to provide for light service, and small-scale manufacturing. The Service Commercial or SC Zone shall be designated in areas where service activities do not conflict with surrounding uses. The following regulations shall apply in all Service Commercial or SC Zones.
A. 
Principal Permitted Uses.
1. 
Furniture and upholstery repair shops.
2. 
Contractor shops and yards.
3. 
Retail lumber sales and yards.
4. 
Carpenter shops; electrical, painting, plumbing, printing, publishing and lithograph shops; nurseries and greenhouses.
5. 
Auto laundries, auto repair and rebuilding, body and fender work, spray painting, tire recapping.
6. 
New and used car sales within a building; motor bicycle sales shops.
7. 
Storage garages.
8. 
Outdoor advertising signs and structures, when appurtenant to any use permitted in the district and when located on the premises on which such use is conducted; also outdoor advertising signs and structures when used for information or directional purposes.
9. 
Stores and shops for any wholesale business not listed which, in the opinion of the Planning Commission, are of the same general character and will not be obnoxious or detrimental to the district.
10. 
Home occupations, subject to Section 17.24.060.
B. 
Uses Permitted With a Use Permit.
1. 
Single-family dwellings, and servant and guest houses, subject to both the development standards specified in Section 17.24.260; and standards specified in paragraph (C)(7) of this section.
2. 
Clothing manufacturing.
3. 
Distribution warehouses for consumer products.
4. 
Storage and wholesale distribution of petroleum products.
5. 
Junk yards (only when conducted in a building enclosed on all sides or when enclosed by a fence not less than eight feet nor more than nine feet in height).
6. 
Drive-in theatres.
7. 
Outdoor storage.
C. 
Other Regulations.
1. 
Maximum building height: 35 feet or not exceeding two stories.
2. 
Yard Required. None except:
a. 
Every building or portion thereof which is designed or used for any dwelling purpose shall comply with the provisions of this title as to side yards which are required in R-2 Districts; provided that when the ground floor of any such building is used for any commercial purpose, no side yard shall be required, except as hereinafter in this section provided. Every such building or portion thereof shall have a rear yard of not less than 10 feet.
b. 
In case of a C District bordering on property in an R District, the front yard or side yard required shall be the same as required for the adjacent R District; except that on a corner lot adjacent to the street shall be not less than one-half of the front yard required for the key lot. There shall be a rear yard of not less than 10 feet on the rear of any lot in a C District bordering on property in any R or A District.
c. 
No building shall hereafter be erected, nor shall any use of land be made, except the use of land for agricultural purposes, which will be closer to the right-of-way line of any street than any official plan line or any building line which has been established for such street by the Street and Highway Plan of the City and provided further that on the specifically designated streets the front yard required shall be as noted.
3. 
The architectural and general appearance and site plan of all commercial buildings and grounds shall be in keeping with the character of the neighborhood and such as not to be detrimental to the public health, safety, and general welfare of the community in which such use or uses are located. Site plan approval as prescribed in Section 17.24.250 shall be necessary.
4. 
Off-street parking as prescribed in Section 17.24.100.
5. 
Off-street loading as prescribed in Section 17.24.110.
6. 
Landscaping as prescribed in Section 17.24.240.
7. 
Dwellings, and uses or structures accessory to dwellings, shall meet one or more of the following, as applicable:
a. 
Be located on the second floor of a structure;
b. 
Be located in the rear of the lot or structure, or behind the commercial use so as not to front directly on the street;
c. 
Be located in the portion fronting on the street, of an existing commercial structure, provided that an agreement be recorded with the Humboldt County Recorder's Office, at the applicant's expense, stating that the residential use shall be terminated within one year of written notice by the City. This provision allows residential use of existing commercial structures until such time as commercial use of the property may be economically viable;
d. 
Be determined by the Planning Commission to not adversely affect the commercial character of the district.

§ 17.16.065 Highway Commercial or HC Zone.

The Highway Commercial or HC Zone is intended to provide necessary services and conveniences for traveling public along main roads and highway frontages. The areas are easily accessible by highway traffic.
A. 
Principal Permitted Uses.
1. 
Restaurants and appurtenant services.
2. 
Hotels, motels.
3. 
Automobile service stations.
4. 
Nurseries and greenhouses, retail fruit and vegetable stands.
5. 
Commercial recreational facilities.
6. 
Outdoor advertising signs and structures, when appurtenant to any use permitted in the district and when located on the premises on which such use is conducted; also outdoor advertising signs and structures when used for information or directional purposes.
7. 
Home occupations, subject to Section 17.24.060 of this title.
B. 
Uses Permitted With a Use Permit.
1. 
Small animal hospitals and kennels.
2. 
Trailer camps.
3. 
Dwellings and boarding and rooming houses.
4. 
Other uses which the Planning Commission finds are similar to the principal permitted uses.
C. 
Other Regulations.
1. 
Maximum building height: 35 feet or not exceeding two stories.
2. 
Yards Required. None except:
a. 
Every building or portion thereof which is designed or used for any dwelling purpose shall comply with the provisions of this title as to side yards which are required in R-2 Districts; provided that when the ground floor of any such building is used for any commercial purpose, no side yard shall be required, except as hereinafter in this section provided. Every such building or portion thereof shall have a rear yard of not less than 10 feet.
b. 
In case of a C District bordering on property in an R District, the front yard or side yard required shall be the same as required for the adjacent R District; except that on a corner lot adjacent to a key lot, the side yard adjacent to the street shall be not less than one-half of the front yard required for the key lot. There shall be a rear yard of not less than 10 feet on the rear of any lot in a C District bordering on property in any R or A District.
c. 
No building shall hereafter be erected, nor shall any use of land be made, except the use of land for agricultural purposes, which will be closer to the right-of-way line of any street than any official plan line or any building line which has been established for such street by the Street and Highway Plan of the City and provided further that on the specifically designated streets the front yard required shall be as noted.
3. 
The architectural and general appearance and site plan of all commercial buildings and grounds shall be in keeping with the character of the neighborhood and such as not to be detrimental to the public health, safety and general welfare of the community in which such use or uses are located. Site plan approval as prescribed in Section 17.24.250 shall be necessary.
4. 
Off-street parking as prescribed in Section 17.24.100.
5. 
Off-street loading as prescribed in Section 17.24.110.
6. 
Landscaping as prescribed in Section 17.24.240.

§ 17.16.070 Industrial or M Zone.

The purpose of the Industrial or M Zone is to provide an environment where unique industries and businesses that may be incompatible with other uses can operate and cooperate with each other with minimum restrictions while having minimum adverse effects on adjacent land uses. Uses in this zone are to be located and designed in a manner where (1) impacts do not leave the site; and (2) are not adversely impacted by adjacent uses.
A. 
Principal Permitted Uses.
1. 
All uses, principally and conditionally permitted in the ML Zone, except that retail sales, personal services and public assembly type uses are excluded.
2. 
Manufacturing and Processing. This use type includes processing of wood and wood products (including, but not limited to, sawmills, lumber mills and plywood mills); processing of recycled consumer products, and commercial extraction and storage of aggregate materials or other natural materials; manufacturing of items outside the definition of craft and art manufacturing (e.g., automated replication of same item).
3. 
Commercial Services. This use type includes major and minor repair of vehicles, industrial parts and heavy equipment; large printing, publishing and lithograph shops; and machine and metal working shops, where portions of the manufacturing or storage of materials occurs outside.
B. 
Uses Permitted With a Use Permit.
1. 
All uses, principally and conditionally permitted in the ML Zone that are excluded under principally permitted uses, above.
2. 
Heavy Manufacturing and Processing. This use type includes processing of aggregate and manufactured concrete products, recycling and reuse of construction and other industrial materials, and energy production from natural sources or materials. These industries typically have large blowers, rotary kilns, or emissions stacks greater than 12 inches in diameter.
3. 
Other Uses. Listed uses that do not meet all the requirements stated in this section but due to specific project design and amenities conform to the purpose and intent of this section. This includes any other use which, in the opinion of the Planning Commission, is compatible with the M Zone or a service to those employed within the zone, and will not constitute a nuisance or be detrimental to the district or surrounding land uses.
C. 
Other Regulations. Specific site development guidelines will be prepared based on the design intent for the business park and the Blue Lake Zoning Ordinance. The objective of the guidelines is to help integrate buildings and other improvements with the topography and landscape to create a unified environment which is harmonious with the adjacent visual panorama.
1. 
Building coverage shall not exceed 70% of lot area.
2. 
Building height limit is eight stories, not to exceed 100 vertical feet, except that no building shall be erected to a height exceeding three stories or 45 feet in vertical height unless there is a minimum 50-foot horizontal setback from front or side property lines.
3. 
Setbacks and Easements.
a. 
Minimum setback from all property lines is 10 feet horizontal.
b. 
No building (front) shall be constructed within 25 feet horizontal of any public right-of-way. No building (side) shall be within 15 feet horizontal of any public right-of-way.
c. 
No building or parking or storage area shall be constructed within 50 feet horizontal from the north side of the levee crown or top of bank adjacent to the Mad River. The zone thus created, shall be preserved as an open area of riparian and natural vegetation. Trails and habitat enhancement projects are allowable within this zone.
4. 
Parking and Loading Areas. Sufficient onsite parking, as per Section 611 of the General Plan, shall be provided for employees, visitors and company vehicles. The minimum number of spaces shall be one for every 800 square feet of gross floor area or one parking spot per 1.35 shift employees whichever is more applicable as determined by the City Planner.
5. 
Utilities.
a. 
All site improvements shall be designed to accommodate underground utilities and shall be required to convert to such as they become available. Utilities shall include, but are not limited to, drainage systems, sanitary sewers, gas, water, power, cable and telephone.
b. 
Within each site, utility lines may be located above ground if they are incorporated and concealed within buildings, trellises, or special architectural features.
c. 
Temporary overhead power and telephone lines will be permitted during construction but are to be removed upon completion of construction.
6. 
Landscaping. A landscaping plan will be required for each site showing the locations, names, and initial sizes of plant materials, irrigation plan and groundcover materials. Ongoing maintenance and replacement (when needed) is a requirement of all uses within the M Zone. The City Planner will review each landscaping plan for approval. Landscape requirements are defined in Section 17.24.240.
7. 
Guidelines for architectural and site plan review are required as prescribed in Section 17.24.250. The City Planning Commission may develop additional written guidelines that provide direction for meeting criteria listed in Section 17.24.250.
D. 
Performance Standards.
1. 
Toxic Substances. Any use which involves processes that will result in toxic substances or pollutants escaping (by air or water) from the site shall comply with all applicable local, state and federal regulations and shall require a use permit from the Planning Commission. Medical wastes are to be disposed of according to all applicable regulations. All processes shall comply with the applicable local, state and federal laws regarding airborne and waterborne emissions.
2. 
Signs. Any signs that will be used on-site, as well as signs on buildings, must be approved by the City Planner before they are posted. Freestanding signs shall be limited to 50 square feet in size and the top thereof shall not be higher than 10 feet above the ground. Signs shall be consistent with the general sign motif established for the industrial park, an example of which is the park entrance sign.
3. 
Lighting/Glare. The type and usage of all exterior lighting shall be the minimum lumens required, shall be kept low in height, shall be shielded so as not to shine on adjacent properties, shall not shine on nearby properties or natural areas in an adverse manner and must be approved by the City Planner prior to installation. Building materials or other site improvements that cause glare to nearby properties are prohibited.
4. 
Noise. No use, activity, or process shall generate noise in excess of the noise level standards in Section 17.24.280(C)(3). New uses that are estimated to exceed the noise level standards in Section 17.24.280(C)(3) shall be required to incorporate noise mitigation measures into the project design to ensure compliance with the noise level standards in Section 17.24.280(C)(3). Existing uses that are determined to exceed the noise level standards in Section 17.24.280(C)(3) shall be required to implement effective noise mitigation measures to achieve compliance with Section 17.24.280(C)(3).
5. 
Dust. Any use that results in dust escaping from the site is required to mitigate to reduce the dust. Refer to North Coast Unified Air Quality Management District regulations for current limitations and requirements.
6. 
Sewage. Sewage disposal shall require on-site improvements (interceptor tanks, grease traps, etc.) for those uses that are determined by the Public Works Director to generate wastes that may cause a difficulty to the treatment system.
7. 
Odors. No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the Business Park.
8. 
Storage, Service and Loading Areas.
a. 
Storage, service and loading areas shall be recessed or screened with fences, walls, berms, or plantings to reduce their visibility from adjacent streets or properties.
b. 
Materials, equipment, supplies, trash containers, inoperable vehicles, etc. shall be stored within an enclosed building or behind visual barriers such as fences, walls, berms, or plantings.
9. 
No use shall be permitted which does not comply with State and Federal laws.
(Ord. 540 § 3, 2021)

§ 17.16.071 Light Industry Zone or ML Zone.

The purpose of the Light Industry Zone or ML Zone is to provide an environment where manufacturing businesses of a light industrial or commercial character, which may be incompatible with other uses, can operate and cooperate with each other with minimum restrictions while having minimum adverse effects on adjacent land uses. This zone encourages craft-type manufacturing businesses to include a retail component of goods produced onsite, enhancing a community "Made in Blue Lake" sense of pride.
A. 
Principal Permitted Uses.
1. 
Light Manufacturing and Processing. This use type includes craft and art manufacturing businesses which manufacture items from wood, ceramics, fabric, metals or glass; food and beverage processing and bottling; manufacture of boats and marine equipment; and light to moderate manufacturing of products such as household goods, clothing, recreational goods, electrical products, furniture, architectural products, and automotive goods. This use also includes retail sales of food, drinks and advertising merchandise primarily of goods manufactured within the business park.
2. 
Distribution and Associated Warehousing. This use type includes nurseries and greenhouses, distribution warehouses for consumer products, and indoor and outdoor storage facilities.
3. 
Commercial Services (Limited). This use type includes equipment rental, repair of small engines or appliances, furniture repair shops, contractor shops and yards (including carpentry, electrical, plumbing, painting, small printing, publishing, lithograph shops and other artistic endeavors), and retail shops that are accessory to an industrial use and conform to the general character of the district. It does not include major repair of vehicles, industrial parts or heavy equipment.
4. 
Professional Offices and Services. This use type includes administrative and research activities; radio and television broadcasting stations and offices; medical, dental and related services; and professional consulting, real estate and financial services. This use type includes research and development laboratories and other professional or personal services not listed which, in the opinion of the Planning Commission, are of the same general character and will not be obnoxious or detrimental to the district. It also includes personal service shops, such as banks, grooming services, visitor service facilities or businesses of a similar nature.
5. 
Recreation and Education. This use type includes trails and outdoor recreational uses, commercial recreational facilities and schools and training programs in the areas of arts, crafts and light manufacturing. It can include performance or art studios, theaters, or other small venues for public assembly when found to be consistent with the purpose and intent of this section.
6. 
Public Works Facilities. This use includes a City corporation yard and includes, but is not limited to, public works improvements, storage of materials, temporary holding of animals, and maintenance and repair of City equipment and vehicles.
B. 
Uses Permitted with a Use Permit.
1. 
Commercial Services (Enclosed). This use type includes major and minor repair of automobiles, trucks, watercraft and heavy equipment; machine and metal working shops; equipment rental; and printing, publishing and lithograph shops when enclosed in a building or buildings.
2. 
Other Uses. Listed uses that do not meet all the requirements stated in this section but due to specific project design and amenities conform to the purpose and intent of this section. This includes any other use which, in the opinion of the Planning Commission, is compatible with the zone or a service to those employed within the zone, and will not constitute a nuisance or be detrimental to the district or surrounding land uses.
C. 
Other Regulations. Specific site development guidelines have been prepared based on the design intent for the industrial park and the Blue Lake zoning ordinance. The objective of the guidelines is to help integrate buildings and other improvements with the topography and landscape to create a unified environment which is harmonious with the adjacent visual panorama.
1. 
Building coverage shall not exceed 70% of lot area.
2. 
Building height limit: three stories but not exceeding 60 vertical feet.
3. 
Setbacks and Easements.
a. 
No building (front) shall be constructed within 25 feet horizontal of any public right-of-way. No building (side) shall be within 15 feet horizontal of any public right-of-way.
b. 
No building or parking or storage area shall be constructed within 50 feet horizontal of the centerline of the main branch of Dave's Creek. The zone thus created, 50 feet horizontal from the centerline of Dave's Creek outward, shall be preserved as an area of riparian vegetation. Trails and habitat enhancement projects are allowable within this zone.
c. 
No building or parking or storage area shall be constructed within 50 feet horizontal of the boundary of the Blue Lake Rancheria. The zone thus created, 50 feet horizontal from the boundary of the Blue Lake Rancheria, shall be preserved as an undeveloped space area of riparian vegetation.
4. 
Parking and Loading Areas. Sufficient onsite parking, as per Section 611 of the general plan, shall be provided for employees, visitors and company vehicles. The minimum number of spaces shall be one for every 800 square feet of gross floor area or one parking spot per 1.35 shift employees whichever is more applicable.
5. 
Utilities.
a. 
All site improvements shall be designed to accommodate underground utilities and shall be required to convert to such as they become available. Utilities shall include, but are not limited to, drainage systems, sanitary sewers, gas, water, power, cable and telephone.
b. 
Within each site, utility lines may be located above ground if they are incorporated and concealed within buildings, trellises, or special architectural features.
c. 
Temporary overhead power and telephone lines will be permitted during construction, but are to be removed upon completion of construction.
6. 
Landscaping. A landscaping plan will be required for each site showing the locations, names, and initial sizes of plant materials, irrigation plan and groundcover materials. Ongoing maintenance and replacement (when needed) is a requirement of all uses within the ML Zone. The City Planner will review each landscaping plan for approval. Landscape requirements are defined in Section 17.24.240.
7. 
Guidelines for architectural and site plan review are required as prescribed in Section 17.24.250, according to the City's current master fee schedule. The Planning Commission may develop additional guidelines in written form that provide direction for meeting criteria listed in Section 17.24.250.
D. 
Performance Standards.
1. 
Toxic Substances. Any use which involves processes that will result in toxic substances or pollutants escaping (by air or water) from the site shall comply with all applicable local, State and federal regulations and shall require a use permit from the Planning Commission. Medical wastes are to be disposed of according to all applicable regulations. All processes shall comply with the applicable local, State and federal laws regarding airborne and waterborne emissions.
2. 
Signs. Any signs that will be used on-site, as well as signs on buildings, must be approved by the City Planner before they are posted. Freestanding signs shall be limited to 50 square feet in size and the top thereof shall not be higher than 10 feet above the ground. Signs shall be consistent with the general sign motif established for the industrial park, an example of which is the park entrance sign.
3. 
Lighting/Glare. The type and usage of all exterior lighting shall be the minimum lumens required, shall be kept low in height, shall be shielded so as not to shine on adjacent properties, shall not shine on nearby properties or natural areas in an adverse manner and must be approved by the City Planner prior to installation. Building materials or other site improvements that cause glare to nearby properties are prohibited.
4. 
Noise. No use, activity, or process shall generate noise in excess of the noise level standards in Section 17.24.280(C)(3). New uses that are estimated to exceed the noise level standards in Section 17.24.280(C)(3) shall be required to incorporate noise mitigation measures into the project design to ensure compliance with the noise level standards in Section 17.24.280(C)(3). Existing uses that are determined to exceed the noise level standards in Section 17.24.280(C)(3) shall be required to implement effective noise mitigation measures to achieve compliance with Section 17.24.280(C)(3).
5. 
Dust. Any use that results in dust escaping from the site is required to mitigate to reduce the dust. Refer to North Coast Unified Air Quality Management District regulations for current limitations and requirements.
6. 
Sewage. Sewage disposal shall require on-site improvements (interceptor tanks, grease traps, etc.) for those uses that are determined by the Public Works Director to generate wastes that may cause a difficulty to the treatment system.
7. 
Odors. No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the business park.
8. 
Storage, Service and Loading Areas.
a. 
Storage, service and loading areas shall be recessed or screened with fences, walls, berms, or plantings to reduce their visibility from adjacent streets or properties.
b. 
Materials, equipment, supplies, trash containers, inoperable vehicles, etc. shall be stored within an enclosed building or behind visual barriers such as fences, walls, berms, or plantings.
9. 
No use shall be permitted which does not comply with State and federal laws.
(Ord. 540 § 4, 2021)

§ 17.16.080 Planned Development Residential or PD-R Zone.

The PD-R or Planning Development Residential Zone is intended to permit a more creative approach in the residential development of land resulting in a more efficient, attractive, desirable use of open area; to permit flexibility in design, including pedestrian and vehicular pathways, and placement of off-street parking areas. The PD-R Zone is further intended to realize best the potential of the sites characterized by special features of shape, topography, or size.
A. 
Principal Permitted Uses.
1. 
Single-family dwellings and servant quarters and guest houses, subject to the regulations contained in subsection C of Section 17.16.030, Residential One-Family or R-1 Zone, and the development standards specified in Section 17.24.260.
2. 
Home occupations, subject to Section 17.24.060.
B. 
Uses Permitted With a Use Permit. Subject to subsections C, D and E of this section.
1. 
Two-family and three-family dwellings.
2. 
Hotels, motels, multifamily dwellings, rooming and boarding houses.
3. 
Recreation parks.
4. 
Religious institutions.
5. 
Churches, schools, rest homes and clinics and libraries.
6. 
Private and noncommercial clubs and lodges.
7. 
Social halls, fraternal and social organizations.
8. 
Mobile home parks (subject to regulations contained in Section 17.24.090).
9. 
Professional offices.
10. 
Any other use or combination of uses which is so arranged or designed as to result in an overall development in conformity with the standards, intents and purposes of the Blue Lake General Plan and Blue Lake Municipal Code.
11. 
Single-family dwellings and servant quarters and guest houses subject to the regulations contained in subsections C and D of Section 17.16.030, Residential One-Family or R-1 Zone.
12. 
Public parks and playgrounds.
13. 
Bed and breakfast accommodations.
C. 
Other Regulations for Uses Permitted With a Use Permit.
1. 
The following requirements shall be observed subject to the provisions of Section 17.24.050, General Provisions. For the purpose of this section, "single-family structure" includes mobile homes or other manufactured housing meeting the criteria of Section 17.24.091.C. The requirements for single-family structures apply to lots used to locate one single-family dwelling unit per legal lot and shall extend to accessory structures associated with such use.
a. 
Maximum building height: 35 feet for single-family structures; 30 feet for all other structures.
b. 
Maximum coverage: 40%.
c. 
Minimum building setback from gross PD-R boundaries or from legal lot lines for lots used for one single-family dwelling unit:
 
Single-Family Structures
All Other Structures
Front:
15 feet
25 feet
Side:
4 feet
10 feet
Rear:
20% of depth to a maximum of 20 feet
25 feet
2. 
PD-R maximum density: one dwelling unit per 6,000 square feet of lot area, or as modified within the D combining zone.
3. 
All building setbacks within a PD-R site shall be measured from the exterior property lines of the gross PD-R site. In addition to the above building setback requirements, for buildings and structures exceeding 15 feet in height, there shall be a distance from side and rear boundaries equal to the required yard plus one additional foot for each foot of building height in excess of 15 feet.
4. 
Any buildings within a PD-R site which face a street bounding the PD-R site shall be required to meet the front yard setback standards of the PD-E Zone.
5. 
Common "open space" land shall be clearly designated on the site plan as to character of use and development, but shall not include:
a. 
Areas for the exclusive use of benefit of an individual tenant of owner;
b. 
Dedicated streets, alleys and other public rights-of-way;
c. 
Vehicular drives, parking, loading and storage areas; or
d. 
Required setback area at the boundaries of the site.
6. 
Permanent retention of the designated usable open space land must be ensured by private reservation for the use of residents within the development, by dedication to the public, or by a combination thereof.
7. 
Off-street parking as prescribed in Section 17.24.100.
8. 
Off-street loading as prescribed in Section 17.24.110.
9. 
No outdoor advertising signs or structures shall be permitted.
10. 
Signs, other than outdoor advertising signs or structures, as prescribed in Section 17.24.120.
11. 
Landscaping as prescribed in Section 17.24.240.
D. 
Application and Procedure for Planned Development. Whenever an application is made for a use permit in a Planned Development Residential (PD-R) Zone, such application shall be deemed to be an application for a planned development and shall conform to the following provisions:
1. 
Application. An application to establish a planned development project shall be filed by the owner, owners, or their agents having title to all of the property in the area proposed for the planned development in accordance with the provisions contained in subsections A through C of Section 17.28.030, inclusive, providing for the application for a use permit. No application shall be accepted unless it is complete and verified as to the correctness of the information given by the signature of the applicant attesting thereto.
2. 
Site Plan. A site plan may be filed with the application, or afterwards, but no use shall be made of a planned development site until a site plan has been approved and applicable permits issued in accordance with the provisions of Section 17.24.250, providing the site plan approval. In addition to the requirements of subsection C of Section 17.24.250, a planned development site plan shall show the following:
a. 
The boundaries of the site and the names and dimensions of all streets bounding or touching the site.
b. 
Proposed public dedication, if any, within the site.
c. 
Location, dimensions and design of off-street parking facilities, if any, showing points of ingress and egress from the site.
d. 
The location, direction, and bearing of any major physiographic features such as railroads, drainageways and irrigation canals and existing topographic contours at intervals of not more than two feet, together with proposed grading, drainage and landscaping and other pertinent and related data.
3. 
Written Statement. There shall be included as a part of the application for a planned development an explanatory written statement of the general purposes of the development and an explanation of all features pertaining to uses and other pertinent matters not readily identifiable in map form. The adoption of the text specifying the particular nonresidential uses permitted to locate on the site, if any, shall constitute a limitation to those specific uses.
4. 
Procedure.
a. 
The approval, conditional approval, or disapproval of a planned development by the Planning Commission shall be in accordance with the procedure set forth in subsections D through F of Section 17.28.030, inclusive, providing for the granting or denying of a use permit.
b. 
No planned development will be approved by the Planning Commission, or the City Council on appeal or on review, unless the following findings are made, in addition to the findings required by Section 17.28.030.F:
i. 
The combination of dwelling types, lot sizes, and uses in the planned development will complement each other and will harmonize with existing and proposed land uses in the vicinity.
ii. 
The development standards will produce an environment of sustained desirability and stability, harmonious with the character of the surrounding area and consistent with the objectives of the Blue Lake General Plan and other applicable plans or policies adopted by the City Council.
5. 
Appeals. Appeals shall be governed by Section 17.28.050 of this title.
6. 
Change of Ownership. A planned development permit, granted pursuant to the provisions of this section, shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.
7. 
Revocation. Revocation of a planned development permit shall be in accordance with the provisions of Section 17.28.040, providing for the revocation of a use permit; provided, however, that proceedings may be taken for the revocation of the entire planned development permit or for partial revocation of the permit with respect to only those portions of the planned development not complying with the terms and conditions of the permit as the circumstances required.
8. 
Subdivisions. Nothing herein contained shall release an applicant from the obligation of complying with the provisions of Title 16 of this code, as amended, to the extent applicable.
E. 
Adjustments in Planned Development for Uses Permitted With a Use Permit.
1. 
The action of the Commission and Council may include the variations of any of the above features in furtherance of the purposes of this title where there exist unusual conditions relating to the property, such as topography, drainage, flood hazard, peculiarity of the shape of the site, and where the approval of the variation would promote the general welfare of the neighborhood.
2. 
Site Plans.
a. 
An approved site plan:
i. 
Shall be binding upon the applicants, their successors and assigns.
ii. 
Shall limit and control the issuance and validity of all building permits and shall restrict and limit the construction location, use and operation of all land and structures included within the site plan; provided, however, that upon approval by the City Planning Commission Chair, the Director of Public Works and the City Engineer, minor changes may be permitted, if such minor changes will not cause any of the following circumstances to occur:
(a) 
A change in the character of the development;
(b) 
An increase in the number of dwelling units;
(c) 
An increase in the problem of circulation safety and utilities;
(d) 
An increase of the external effects on adjacent property;
(e) 
A reduction of the originally approved setbacks from the property lines;
(f) 
An increase in ground coverage authorized in the Planned Development District;
(g) 
A reduction in the required off-street parking and/or loading space; or
(h) 
A change in the subject, size, lighting, or orientation of originally approved signs.
b. 
Whenever the building official finds that any proposed construction or occupancy will not, in his or her opinion, comply with the approved site plan, he or she shall refer the question to the Planning Commission Chair and the City Engineer for review.
c. 
Amendment. An amendment to an adopted planned development shall be processed in the same manner as an original application. A fee shall be required as per Section 17.28.030.B.

§ 17.16.090 Open Space/Recreation or X Zone.

The Open Space/Recreation or X Zone is intended for areas where the development of useable open space is necessary to fulfill needs for outdoor leisure and recreation, to preserve valuable natural resources, and to improve the quality of residential living.
A. 
Principal Permitted Use.
1. 
Low intensity recreation on publicly-controlled lands and waters such as hiking and fishing.
2. 
Public and private noncommercial recreation facilities.
3. 
Picnicking on public lands designated for such use.
4. 
General agriculture.
5. 
Public schools, playgrounds and parks.
6. 
Single-family dwellings, subject to the development standards specified in Section 17.24.260, and offices incidental to any permitted use, but not including labor camps and labor supply camps.
B. 
Uses Permitted With a Use Permit.
1. 
Trailer camps for overnight stay of not longer than 14 days.
2. 
Public camps.
3. 
Commercial recreation facilities, compatible with recreation uses which in the opinion of the Planning Commission will not impair present and potential uses of the area.
C. 
Other Regulations.
1. 
Maximum building height: 30 feet.
2. 
Minimum yards, front and rear side: 50 feet.
3. 
Off-street parking as prescribed in Section 17.24.100.
4. 
Signs as prescribed in Section 17.24.120.

§ 17.16.100 Public Facility or P-F Zone.

The Public Facility or P-F Zone is intended to be applied to lands owned by public agencies or to lands upon which such agencies operate public facilities.
A. 
Principal Permitted Uses.
1. 
Public schools, parks, playgrounds and recreation facilities.
2. 
Public fairgrounds and related uses.
3. 
Public buildings, including City Hall, fire stations, libraries, courts, museums, auditoriums, hospitals and similar uses.
B. 
Uses Permitted With a Use Permit.
1. 
Public corporation yards, shops, repair and storage yards and buildings.
2. 
A caretaker's residence, subject to the development standards specified in Section 17.24.260.
3. 
Commercial facilities which, in the opinion of the Planning Commission, will not impair present and potential uses of the property and will not constitute a nuisance or be detrimental to the district or any adjacent zone.
C. 
Other Regulations.
1. 
Site plan approval as prescribed in Section 17.24.250.
2. 
As provided in the use permit conditions.

§ 17.16.110 Mixed Use (MU) Zone.

The Mixed Use Zone is intended to allow for the compatible and beneficial mixture of residential and commercial uses in a single structure or on a single or multiple sites in a manner consistent with the City's General Plan goals and policies. These districts are designed to achieve a convenient business and residential environment in areas where multiple activities and an increased degree of pedestrian orientation are considered to be desirable. Residences in the Mixed Use Zone provide housing near sources of employment or commercial and professional services—an alternative to exclusively residential zones. New structures and additions to existing structures shall be required to meet specific design standards. Typical highway commercial/fast food/chain store or preset architecture is incompatible with this designation.
A. 
Principal Permitted Uses.
1. 
Residential.
a. 
Residential Dwelling Units for Four or Fewer Families. The residential dwelling units for the four or fewer families use type includes single-family dwellings, secondary dwelling units, and two-, three-, or four-family dwellings at a maximum density of one unit per 2,500 square feet of lot area and maximum ground coverage of 60% of lot area. A single-family dwelling is defined as a detached building designed for and/or occupied exclusively by one-family. Two-, three-, or four-family dwellings are defined as a detached building designed for and/or occupied exclusively by two, three, or four families living independently of each other. Such dwellings can include condominiums, duplexes, town houses, apartment buildings, or secondary dwelling units.
b. 
Accessory Buildings. The accessory building use type includes storage and gardening sheds, private garages for vehicle parking and or storage, and studios for purposes such as artwork, music, etc. that are not intended for living, sleeping, or cooking. Accessory buildings shall comply with the provisions of Section 17.24.180.
c. 
Home Occupations. The home occupation use type includes business activity such as an art or profession, the offering of a service, or the handcraft manufacture of products occurring on a residentially zoned property. Home occupations are to be conducted in a manner that is clearly incidental and secondary to the use of the property or dwelling as a residence, and in accordance with the provisions of Section 17.24.060.
2. 
Commercial.
a. 
Stores and Retail Businesses. The stores and retail businesses use type includes stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, beauty and barber shops, book stores, clothing and apparel stores, coin-operated or assisted dry cleaning and laundry facilities, pharmacies, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, studios, tailor shops, enclosed theaters, and variety stores. To be principally permitted the floor space of the store or retail business must be less than 10,000 square feet.
b. 
Professional Offices and Services. The professional offices and services use type includes administrative activities of private, profit-oriented administrative firms, radio and television broadcasting stations and offices, medical, dental and related services, professional consultative, real estate, and financial services, as well as administrative uses defined as those typically performed in public, public non-profit, parochial, and public utility administrative offices. Such uses can include banks, personal service shops, visitor serving facilities, and businesses of a similar nature. Automated machines such as ATMs are allowed under this use type. To be principally permitted the floor space of the professional office or service must be less than 10,000 square feet.
c. 
Restaurant and Appurtenant Services. The restaurant and appurtenant services use type includes any establishment whose principal business is the preparation and sale of food and beverages where the customer must sit down to eat or park their vehicle and enter the premises to receive food to go. This use type does not include restaurants with drive-thru windows where the customer never has to leave their vehicle. To be principally permitted the floor space of the restaurant or appurtenant service must be less than 3,000 square feet.
d. 
Nurseries and Greenhouses. The nursery and greenhouse use type includes businesses involved in the propagation and display, for retail sale, of plants, vines, shrubs, and trees, and the sale of agricultural products and goods. Such uses can include retail fruit and vegetable stands.
e. 
Social Halls, Fraternal and Social Organizations. The social hall, fraternal, and social organization use type includes any building or portion thereof that is utilized for social or community gatherings that are open to the public or restricted to members.
f. 
Bed and Breakfast Accommodations. The bed and breakfast accommodation use type includes any owner-occupied residence where a portion of the structure contains guest rooms (five maximum), designed or intended to be occupied by transient guests for compensation. Bed and breakfast accommodations are to be designed so that parking is available on-site and the guest rooms are accessible through the main entrance to the residence. Guest rooms are rooms intended, arranged or designed to be occupied by one or more guests, but in which no provisions are made for cooking.
g. 
Day Care and Educational Facilities. The day care and educational facility use type includes any building or portion thereof that is utilized for child day care, preschool, or other educational facilities. To be principally permitted the floor space of the day care or educational facility must be less than 2,500 square feet.
h. 
Craft and Artisan Uses. The craft and artisan use type includes any business involved in the production of crafts and artwork that will not result in the creation of objectionable exterior dust, noise, traffic, odors, smoke, electrical interference, or other impacts to the degree that it would cause a nuisance. Such uses can include painting, sculpture, papermaking, photography, ceramics, pottery, glass, wooden art items, textiles (spinning, weaving, dyeing).
B. 
Uses Permitted With a Use Permit.
1. 
Residential.
a. 
Residential Dwelling Units for Five or More Families. The residential dwelling units for five or more families use type includes residential dwelling units for five or more families up to what can be accommodated by the site at a maximum density of one unit per 2,500 square feet of lot area and maximum ground coverage of 60% of lot area. Such uses can include condominiums, duplexes, town houses, apartment buildings, rooming houses, and boarding homes.
2. 
Commercial.
a. 
Stores and Retail Businesses. The stores and retail businesses use type includes stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, beauty and barber shops, book stores, clothing and apparel stores, coin-operated or assisted dry cleaning and laundry facilities, pharmacies, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, studios, tailor shops, enclosed theaters, and variety stores. With a use permit the floor space of the store or retail business can be greater than 10,000 square feet but less than 20,000 square feet.
b. 
Professional Offices and Services. The professional offices and services use type includes administrative activities of private, profit-oriented administrative firms, radio and television broadcasting stations and offices, medical, dental and related services, professional consultative, real estate, and financial services, as well as administrative uses defined as those typically performed in public, public non-profit, parochial, and public utility administrative offices. Such uses can include banks, personal service shops, visitor serving facilities, and businesses of a similar nature. Automated machines such as ATMs are allowed under this use type. With a use permit floor space of the professional office or service can be greater than 10,000 square feet but less than 20,000 square feet.
c. 
Hotels/Inns. The hotel/inn use type includes any building or portion thereof containing guest rooms (15 maximum), designed or intended to be occupied by transient guests for compensation. Hotels/inns are to be designed so that parking is available on-site and the guest rooms are accessible through a lobby or main entrance. Guest rooms are rooms intended, arranged or designed to be occupied by one or more guests, but in which no provisions are made for cooking (other than microwave ovens).
d. 
Gas Stations. The gas station use type includes businesses with gas pumps able to serve no more than eight cars at one time, in conjunction with and incidental to other retail commercial use. This use type does not include larger gas stations with mini-marts that have preset architecture. See mixed use design guidelines.
e. 
Commercial and Recreational Facilities. The commercial and recreational facilities use type includes any building or portion thereof used for commercial and/or recreational facilities that is operated for profit as a business and open to the general public for a fee or restricted to members. Such uses can include health spas, clinics, health clubs, gyms, sports complexes, roller rinks, arcades, and family gaming centers (non-gambling).
f. 
Light Service and Small Scale Manufacturing. The light service and small scale manufacturing use type includes non-nuisance industrial, low-impact manufacturing and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, toxic substances, humidity, heat, cold or glare on adjacent lands. Such uses can include the limited manufacture of electrical and electronic equipment, industrial and scientific research, medical testing, analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, stone and metalworking shops, equipment repair shops, automobile repair shops, food processing and packaging, wholesale outlet stores, paint and other property maintenance supply shops, printing and lithographing, and associated administrative offices. Emphasis of this use type is small-scale and non-nuisance type activities.
g. 
Day Care and Educational Facilities. The day care and educational facility use type includes any building or portion thereof that is utilized for child day care, preschool, or other educational facilities. With a use permit the floor space of the day care or pre-school can be greater than 2,500 square feet.
h. 
Restaurants and Appurtenant Services. The restaurant and appurtenant services use type includes any establishment whose principal business is the preparation and sale of food and beverages where the customer must sit down to eat or park their vehicle and enter the premises to receive food to go. This use type does not include restaurants with drive-thru windows where the customer never has to leave their vehicle. With a use permit the floor space of restaurant or appurtenant service can be greater than 3,000 square feet.
i. 
Adult Businesses. The adult businesses use type includes a variety of adult sexually-oriented businesses and services, including movie theaters, bookstores, video stores, massage parlors, peep shows, and erotic dancing establishments. "Adult" defined businesses or those providing such products or services are found to be inconsistent with expressed community goals for the Mixed Use Zone and the proximity of residential neighborhoods, churches, and private and public schools. Such activity will require obtaining approval of a use permit after providing a plan that adequately demonstrates surrounding uses and the community will not be adversely affected.
3. 
Special Uses.
a. 
Listed uses that do not meet all the requirements stated in this section but due to specific project design and amenities conforms to the purpose and intent of this section.
b. 
Other uses that, where not specifically listed herein: (i) are similar in type and compatible with listed uses; (ii) meet the general description of the zone and do not impact nor detract from the zone; and (iii) are found to be consistent with the General Plan.
C. 
Uses Not Allowed. Drive-thru restaurants are not allowed in the MU Zone.
D. 
Other Regulations.
1. 
Site plan approval will be required by the Planning Commission for all non-single-family residences consistent with the City's mixed use design guidelines and as specified in Section 17.24.250.
2. 
Performance standards, as listed in subsection F of this section.
3. 
Maximum density: one dwelling unit per net 2,500 square feet of lot area.
4. 
Maximum building height: 35 feet, not exceeding two stories.
5. 
Maximum ground coverage: 60% of lot area.
6. 
Minimum lot width: 50 feet.
7. 
Yards Required.
a. 
Front yard: 15 feet for residences, except when combined with commercial structures, and two feet where off-street parking is provided on side or rear of property.
b. 
Side yard: four feet, except where adjoining property owner agrees to less and design elements support use of reduced setbacks.
c. 
Rear yard: 20% of depth to a maximum of 20 feet for residences, except when combined with commercial structures, and 10-foot minimum for commercial structures.
8. 
Parking facilities as prescribed in Sections 17.24.100 and 17.24.230, except that off-street parking for one use may be used for a second use if it can be shown that restriction of hours prevents overlapping of uses.
The Planning Commission may waive off-street parking spaces otherwise required based upon the historical nature of the property, the architectural or landscaping amenities that would be displaced by parking, or the availability of space on a parcel with existing improvements.
New or existing development proposing provision and maintenance of public open space may request, through the conditional use permit process, a reduction in off-street parking requirements for commercial uses. Before granting a reduction in off-street parking requirements, the Planning Commission shall make a finding that the open space area provided is consistent with community goals and is of greater value to the city center than the additional off-street parking.
9. 
Loading facilities as prescribed in Section 17.24.110.
10. 
Landscaping as prescribed in Section 17.24.240, Landscaping, except that not less than 10% of the developed area shall be landscaped with plant materials suitable for ornamenting the site.
E. 
Design Guidelines.
1. 
New structures or additions/renovations to existing structures shall be subject to the City's duly adopted mixed use design guidelines. Single-family residential structures are only subject to Section 17.24.260.
2. 
Within the City center boundary all structures, including single-family residential, are subject to the downtown design guidelines.
F. 
Mixed Use Performance Standards.
1. 
Toxic Substances. No use shall be permitted which involves processes that will result in any toxic substances escaping (by air or water) from the site. Medical wastes are to be disposed of according to all applicable regulations.
2. 
Signs. All signs shall be regulated as prescribed in Section 17.24.120.
3. 
Lighting. All outdoor lighting shall be minimized and designed, located, and shielded so that lights shine toward and remain on individual property and not on public streets, open space or adjacent property owners without specific written consent. The type and usage of all exterior lighting must also be approved by the City Planner prior to installation.
4. 
Noise. No use, activity, or process shall generate noise in excess of the noise level standards in Section 17.24.280(C)(3). New uses that are estimated to exceed the noise level standards in Section 17.24.280(C)(3) shall be required to incorporate noise mitigation measures into the project design to ensure compliance with the noise level standards in Section 17.24.280(C)(3). Existing uses that are determined to exceed the noise level standards in Section 17.24.280(C)(3) shall be required to implement effective noise mitigation measures to achieve compliance with Section 17.24.280(C)(3).
5. 
Dust. Fugitive dust from activity or site is considered a nuisance and shall not be allowed to be generated in the Mixed Use Zone.
6. 
Sewage. Sewage disposal shall require on-site improvements (interceptor tanks, grease traps) for those uses that are found by the Public Works Director to generate wastes that may cause a difficulty to the treatment system.
7. 
Storage, Service, and Loading Areas.
a. 
All equipment and materials storage areas shall be fenced to a height of not less than six feet and be consistent with other regulations regarding fencing. In addition, all such areas shall be screened from view of any residential area, public roadway, or recreational use area. Such fencing and screening need not comply with yard setbacks, but shall be outside of access drive locations and be consistent with the City's visibility obstruction regulations (Section 17.24.190).
b. 
Materials, equipment, supplies, garbage containers, recycling bins, and vehicles shall be stored within an enclosed building or behind visual barriers such as fences with lath or walls, berms, or plantings. No storage of material, including garbage containers, is to be stored in front of the building.
8. 
Nuisances. No noxious or offensive activity shall be carried on upon any parcel, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Nuisances include, but are not limited to, noise, dust, smoke, traffic, parking, electrical interference, lighting, unsightliness, vibration, air emissions, odor, humidity, heat, cold, or glare.
9. 
Livestock and Poultry. Refer to Section 17.24.020, Accessory Uses, subsection A, Animals and Animal Shelters.
10. 
Garbage and Refuse Disposal. No parcel shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers.
11. 
Drive-Ins and Takeouts (Not Drive-Thru). Any restaurant use that produces products for take-out consumption must provide and implement a trash disposal plan prior to approval. Such plan may require, among other things, the placement and maintenance of off-site public trash cans a certain distance from the facility.
(Ord. 540 § 5, 2021)

§ 17.16.111 Opportunity or O Zone.

A. 
Purpose.
1. 
The Opportunity Zone or O Zone is intended to allow for the compatible and beneficial mixture of commercial, manufacturing, and residential uses in a single structure or on a single or multiple sites in a manner consistent with the City's General Plan, goals and policies.
2. 
This zone is intended to encourage a live-work type environment.
3. 
This zone encourages craft-type manufacturing businesses with and retail commercial spaces on the ground floor of structures with multifamily residential development units located above or behind commercial or manufacturing spaces.
4. 
This zone is designed to achieve a convenient business and residential environment in areas where multiple activities and an increased degree of pedestrian orientation and open space are considered to be desirable.
5. 
New structures and additions lo existing structures shall be required to meet specific design standards.
6. 
Land uses in this zone shall be required to meet specific performance standards.
B. 
Principal Permitted Uses.
1. 
Light Manufacturing and Processing. This use type allows craft and art manufacturing businesses which manufacture items from wood, ceramics, fabric, metals or glass; food and beverage processing and bottling; and light to moderate manufacturing of products such as household goods, clothing, recreational goods, electrical products, furniture, architectural products, and automotive goods. This use type can include other light manufacturing and processing uses not described above which in the opinion of the City Planner are of the same general character, are consistent with the purpose and intent of this section, and will not be obnoxious or detrimental to the O Zone.
2. 
Distribution and Associated Warehousing. This use type allows nurseries and greenhouses (non-cannabis), distribution warehouses for consumer products, and indoor and outdoor storage facilities. This use type can include other distribution and associated warehousing uses not described above which in the opinion of the City Planner are of the same general character, are consistent with the purpose and intent of this section, and will not be obnoxious or detrimental to the O Zone.
3. 
Commercial Services. This use type allows a variety of commercial services of both a light and heavy commercial character. Light commercial uses means stores, agencies, and services such as food markets, bakery shops, restaurants, bars, art galleries, book stores, clothing stores, pharmacies, beauty and barber shops, hardware and appliance stores, laundry facilities (excluding dry cleaning), florists, tailor shops, enclosed theaters, and music venues. Heavy commercial uses mean equipment rental, repair of engines or appliances, furniture repair shops, contractor shops and yards (including carpentry, electrical, plumbing, painting, printing, publishing, lithograph shops and other artistic endeavors). This use type can include other commercial services not described above which in the opinion of the City Planner are of the same general character, are consistent with the purpose and intent of this section, and will not be obnoxious or detrimental to the O Zone.
4. 
Professional Offices and Services. This use type allows administrative and research activities; radio and television broadcasting stations and offices; medical, dental and related services; and professional consulting, real estate and financial services. It also allows personal service shops, such as banks, grooming services, visitor service facilities or businesses of a similar nature. This use type can include other professional offices and services not described above which in the opinion of the City Planner are of the same general character, are consistent with the purpose and intent of this section, and will not be obnoxious or detrimental to the O Zone.
5. 
Recreation and Education. This use type allows trails and outdoor recreational uses (e.g. sports fields, sports complex, outdoor performance venues, etc.), public and commercial recreational facilities and schools and training programs in the areas of arts, crafts and light manufacturing. It can include RV/camping facilities, performance or art studios, theaters, or other venues for public assembly. This use type can include other recreation and education uses not described above which in the opinion of the City Planner are of the same general character, are consistent with the purpose and intent of this section, and will not be obnoxious or detrimental to the O Zone.
6. 
Public Works Facilities. This use includes a City corporation yard and includes, but is not limited to, public works improvements, storage of materials, temporary holding of animals, and maintenance and repair of City equipment and vehicles.
7. 
Four or Fewer Residential Dwellings Units. This use type allows up to four residential units per parcel at a maximum density of one unit per 2,500 square feet of lot area. Such residential units can include, but are not limited to, studios, condominiums, townhouses, and apartments. To be principally permitted, the residential units shall not be located on the ground floor of a structure and shall not exceed 35% of the floor area of a structure. For the purposes of the Opportunity (O) Zone, a residential dwelling unit is defined as having two or more bedrooms. One-bedroom units are allowed at a density of one per 1,250 square feet of lot area, or a total of eight one-bedroom units per parcel as a principally permitted use.
8. 
Emergency Shelters. This use type allows housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. The shelters shall have onsite management and security shall be provided during hours when the shelter is open. Each shelter shall be limited to a maximum of 15 beds. There shall be a separation of 300 feet between emergency shelters.
C. 
Uses Permitted with a Use Permit.
1. 
Five or More Residential Dwelling Units. This use type allows five or more residential units per parcel at a maximum density of one unit per 2,500 square feet of lot area. Such dwellings can include, but are not limited to, studios, condominiums, townhouses, and apartments. With a use permit, the residential units shall not exceed 65% of the floor area of a structure. With a use permit, the residential units may also be located on the ground floor of a structure, but shall not front directly on the street or other non-vehicular access corridor (e.g. pedestrian/bicycle trails) and shall not exceed 50% of the floor area of the ground floor. For the purposes of the Opportunity Zone, a residential unit is defined as having two or more bedrooms. One-bedroom units are allowed at a density of one per 1,250 square feet of lot area. This use type allows nine or more one-bedroom units per parcel.
2. 
Other Uses. Listed uses that are not specifically principally permitted in the O Zone or not determined by the City Planner to be consistent with other principally permitted uses in the O Zone. This includes any other use which, in the opinion of the Planning Commission, is consistent with the intent of the zone, and will not constitute a nuisance or be detrimental to the district or surrounding land uses.
3. 
Exception to Development Standards. Projects that do not meet all the requirements in subsection D (Other Regulations), but, due to specific project design and amenities, conform to the purpose and intent of this section. As part of the review for this application type, additional technical studies may be required at the discretion of City staff to address potential impacts of the proposed exceptions. This could include, but is not limited to, preparation of a visual impact assessment, shadow analysis, biological report, lighting study, and noise study. Any technical studies required shall be prepared by a qualified professional as determined by City staff.
D. 
Other Regulations. Specific site development guidelines have been prepared based on the design intent for the Opportunity (O) Zone. The objective of the guidelines is to help integrate buildings and other improvements with the topography and landscape to create a unified environment which is harmonious with the adjacent visual panorama.
1. 
Minimum lot area: 15,000 square feet.
2. 
Building coverage shall not exceed 70% of lot area.
3. 
Building Height Limit.
a. 
North of Taylor Way. Building height limits for properties north of Taylor Way are allowed to increase with distance from the trail that runs parallel to Powers Creek, as prescribed below.
i. 
Not exceeding 25 feet vertical within 50 feet horizontal of the closest edge of the trail that runs parallel to Powers Creek.
ii. 
Not exceeding 35 feet vertical from 50–100 feet horizontal of the closest edge of the trail that runs parallel to Powers Creek.
iii. 
Not exceeding 45 feet vertical beyond 100 feet horizontal of the closest edge of the trail that runs parallel to Powers Creek.
b. 
South of Taylor Way. Not exceeding 45 feet vertical.
4. 
Setbacks.
a. 
No building or parking or storage area shall be constructed within 50 feet horizontal of the centerline of the main branch of Powers Creek or its tributaries (e.g., South Fork Powers Creek). The zone thus created, 50 feet horizontal from the centerline of Powers Creek out-ward, shall be preserved primarily as an area of riparian vegetation. Trails, art installations, interpretive signs, lighting, benches, picnic areas, and habitat enhancement projects are allowable within this setback area.
b. 
North of Taylor Way. For properties west of Monda Way and for parcel 025-201-018, no building or parking or storage area shall be constructed within 25 feet horizontal of the closest edge of the trail that runs parallel to Powers Creek. This area is intended to be reserved for open space and other amenities such as landscaping, art, and benches.
For properties east of Monda Way, excluding parcel 025-201-018, no building or parking or storage area shall be constructed within l0 feet horizontal of the property line that runs parallel to Powers Creek or its tributaries.
c. 
South of Taylor Way. Buildings that exceed 25 feet vertical shall be required to be located a minimum of 25 feet horizontal from any public right-of-way.
d. 
No building or parking or storage area shall be constructed within 50 feet horizontal of the boundary of the Blue Lake Rancheria. The zone thus created, 50 feet horizontal from the boundary of the Blue Lake Rancheria, shall be preserved as an undeveloped area of open space or riparian vegetation.
5. 
Manufacturing uses in this zone are required to be located on the ground floor of a structure.
6. 
Residential uses in this zone are required to be situated and designed to minimize impacts from adjacent heavy commercial and industrial uses.
7. 
Parking and Loading Areas.
a. 
Sufficient on-site parking, as prescribed in Sections 17.24.100 and 17.24.230 shall be provided for employees, visitors and company vehicles.
b. 
The City Planner may waive off-street parking otherwise required if sufficient parking is proposed to be provided at a common off-site parking area. This shall not apply to accessible off-street parking spaces required by the Americans with Disabilities Act (ADA) or California Building Code.
c. 
Off-street loading as prescribed in Section 17.24.110.
8. 
Utilities.
a. 
All site improvements shall be designed to accommodate underground utilities and shall be required to convert to such as they become available. Utilities shall include, but are not limited to, drainage systems, sanitarily sewers, gas, water, power, cable and telephone.
b. 
Within each site, utility lines may be located above ground if they are incorporated and concealed within buildings, trellises, or special architectural features.
c. 
Temporary overhead power and telephone lines will be permitted during construction, but are to be removed upon completion of construction.
9. 
Landscaping. A landscaping plan will be required for each site showing the locations, names, and initial sizes of plant materials, irrigation plan and groundcover materials. Ongoing maintenance and replacement (when needed) is a requirement of all uses within the O Zone. The City Planner will review each landscaping plan for approval. Landscape requirements are defined in Section 17.24.240. Where possible, required landscaping areas may also serve as areas for infiltration of stormwater runoff, subject to review and approval by the City Engineer. Landscaping shall be maintained to comply with the requirements of the Solar Shade Protection Act (Public Resources Code Sections 25980—25986).
10. 
Open Space. Common usable open space shall be required for all residential development. There shall be 100 square feet of common usable open space required for each bedroom. Usable open space may consist of outdoor area on the ground, in required setbacks or on any balcony, deck, porch, or rooftop which is designed and accessible for outdoor living, recreation, and pedestrian access complying with the following provisions:
a. 
Required parking areas and their driveways and required minimum landscaping areas shall not be included in computing usable open space.
b. 
Areas included in computing common usable open space shall be accessible to all units in common and no such required space shall be less than 300 square feet in area and shall have no dimension less than 15 feet. Rooftops gardens and rooftop landscaping may be used to satisfy this requirement. No more than 50% of the required usable open space area shall be hardscape (e.g. concrete, asphalt, etc.), except in the case of private open space provided on the upper floors of a structure-as allowed under subsection g.
c. 
Each element of usable open space shall be completely open on at least one side and shall have a clear vertical height of not less than seven feet, and not less than 50% of the total required usable open space shall be unobstructed to the sky.
d. 
Usable open space shall be improved to support passive or active use by residents. The computation of such open space shall include no obstructions other than devices and structures designed to enhance its usability, such as art, planters, benches, fountains, and landscaping.
e. 
Usable open space shall be situated and designed to minimize impacts from adjacent heavy commercial and industrial uses.
f. 
Where possible, pervious areas set aside as usable open space may also serve as areas for infiltration of stormwater runoff, subject to review and approval by the City Engineer.
g. 
Private usable open space may be substituted for common usable open space at a ratio three square feet of private open space for every two square feet of common open space required, provided such element of open space either has an area of at least l50 square feet, with no dimension less than 10 feet, if located at ground level, or an area of at least 50 square feet, with no dimension less than six feet, if located above ground level.
h. 
The City Planner may waive the requirement to provide usable open space on site if sufficient usable open space is proposed to be provided at a common off-site area.
11. 
Site Plan Approval, as prescribed in Section 17.24.250, is required for new development, exterior additions to existing development, and the permanent or temporary placement and use of large stationary equipment outdoors. To the extent required by Government Code Section 65583(a)(4), emergency shelters shall be allowed as a permitted use without a conditional use or other discretionary permit. The Planning Commission may develop additional guidelines in written form that provides direction for meeting criteria listed in Section 17.24.250.
E. 
Performance Standards. Projects must be designed and operated to comply with the following performance standards to minimize potential impacts during long-term operation. Special studies (e.g. noise studies, lighting plans, etc.), as determined by the City Planner, may be required to be submitted during processing of planning or building permit applications to provide evidence that compliance can be achieved prior to consideration of the project by the Planning Commission or issuance of building permits.
1. 
Toxic Substances. Any use which involves processes that wilt result in toxic substances or pollutants escaping (by air or water) from the site shall comply with all applicable local, State and Federal regulations and shall require a use permit from the Planning Commission. Medical wastes are to be disposed of according to all applicable regulations. All processes shall comply with the applicable local, State and Federal laws regarding airborne and waterborne emissions.
2. 
Signs. Any signs that will be used on site, as well as signs on buildings, must be approved by the City Planner before they are posted. Free-standing signs shall be limited to 50 square feet in size and the top thereof shall not be higher than 10 feet above the ground. Signs shall be consistent with the general sign motif established for the Opportunity (O) Zone.
3. 
Lighting/Glare. Outdoor lighting shall be approved by the Planning Commission through the Site Plan Approval process as specified in Section 17.24.250. All outdoor lighting shall be designed to meet the following requirements:
a. 
All lighting fixtures shall comply with the International Dark Sky Association's (IDA) requirements for reducing waste of ambient light ("dark sky compliant"). This includes, but is not limited to, requirements for acceptable fixture types and maximum color temperature.
b. 
All lighting fixtures shall be the minimum lumens required for safety and security.
c. 
All lighting fixtures shall be shielded and directed downward to minimize lighting shining on adjacent properties or natural areas. Shielded shall mean that the light rays are directed onto the site, and the light source (e.g., bulb, tube, etc.) is not visible beyond the property boundary of the site of the light source.
d. 
No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness.
e. 
Stand-alone light fixtures shall be limited to a maximum of 20 feet vertical.
f. 
No lighting shall produce an illumination level greater than one-foot candle beyond the property boundary of the site of the light source. Building materials or other site improvements that cause glare to nearby properties are prohibited.
4. 
Noise. No use, activity, or process shall generate noise in excess of the noise level standards in Section 17.24.280(C)(3). New uses that are estimated to exceed the noise level standards in Section 17.24.280(C)(3) shall be required to incorporate noise mitigation measures into the project design to ensure compliance. Existing uses that are detem1ined to exceed the noise level standards in Section 17.24.280(C)(3) shall be required to implement effective noise mitigation measures to achieve compliance.
5. 
Dust. Any use that results in dust escaping from the site is required to mitigate to reduce the dust. Refer to North Coast Unified Air Quality Management District regulations for current limitations and requirements.
6. 
Sewage. Sewage disposal shall require on-site improvements (interceptor tanks, grease traps, etc.) for those uses that are determined by the Public Works Director to generate wastes that may cause a difficulty to the treatment system.
7. 
Odors. No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the zoning district.
8. 
Storage, Service and Loading Areas.
a. 
Storage service and loading areas shall be recessed or screened with fences, Walls, berms, or plantings to reduce their visibility from adjacent streets or properties.
b. 
Materials, equipment, supplies, trash containers, inoperable vehicles, etc. shall be stored within an enclosed building or behind visual barriers such as fences, walls, berms, or plantings.
9. 
No use shall be permitted which does not comply with State and Federal laws.
F. 
Zoning Map Designation. The Zoning Map designation for the O Zone shall be "O."
(Ord. 539 § 1, 2021; Ord. 542 § 1, 2022)

§ 17.16.120 Design Review Procedure.

A. 
Findings. The City Council of the City of Blue Lake finds and determines that:
1. 
The City of Blue Lake exists in a unique setting of natural beauty.
2. 
Much of the character of the Blue Lake community is derived from the architectural styles of buildings in the City and the relationship of these buildings to each other.
3. 
The City of Blue Lake desires to retain the look of its historic past by establishing standards to maintain the architecture and feeling of the community.
4. 
A design assistance procedure is a flexible method to review proposed architectural features in order that development be guided to retain the integrity and character of the community and protect the public health, safety, and welfare.
B. 
Goals and Purposes. The goals and purposes of this section are as follows:
1. 
To promote orderly and harmonious development of the City.
2. 
To promote the stability of and enhance land values and investments.
C. 
Applicability.
1. 
This section shall apply to modifications in exterior appearance of structures, including demolition, listed on the Blue Lake Historical Building Register and real property subject to an historical zoning overlay.
2. 
The City Planner or Mayor shall have the discretion and authority to refer other development projects to the Planning Commission for review and comment when in their judgment the projects might have a significant impact on the aesthetic character of the City. Such review and comment shall be advisory only and shall not be binding on the developer. No fee shall be charged to the developer.
D. 
Procedures.
1. 
The Planning Commission shall prepare design guidelines that will provide direction to applicants required to comply with this section. Said guidelines may be reviewed and revised at a public hearing.
2. 
As part of submittal of building or planning permit application for structures listed on the Blue Lake Historic Building Register and real property subject to a historical zoning overlay, the following information may be required to provide adequate information about the project. The detail of plans, drawings and diagrams shall be appropriate to the size of the project proposed. A multi-building new development may require submission of all of the following information; a minor addition to an existing building should require considerably less detail.
a. 
Elevation drawings to scale, showing building height, architectural forms, and the details of the exterior materials.
b. 
A plot plan.
c. 
Such other plans or information as may reasonably be required to assure compliance with the design assistance criteria.
3. 
Projects which are proposed prior to the adoption of City guidelines and projects which are inconsistent with such guidelines shall be referred to the Planning Commission. All other projects may be approved by the City Planner.
4. 
The Planning Commission may approve, conditionally approve, or disapprove the design as submitted, or suggest changes, modifications, or alternations therein, all in accordance with the standards contained in this section, and such additional standards as may be adopted at a public hearing and published by the Planning Commission.
5. 
The Planning Commission shall act upon each application within two meetings or 30 days, whichever occurs later, from the first consideration thereof, unless the applicant consents to further continuance. Failure of the Planning Commission to act within this period will be deemed an approval of the application.
6. 
For the purpose of securing the advice of the Planning Commission prior to making application for formal City action or permit issuance, an application for preliminary review may be made together with payment of a fee for information only items as set forth in the Blue Lake fee schedule, as amended from time to time. This review is advisory only and shall not be considered as a formal approval or denial.
E. 
Standards for Review. In addition to the goals and purposes of this section as set forth, the following standards shall be used by the City Planner and Planning Commission in reviewing matters within its jurisdictions:
1. 
Consistency and compatibility with applicable elements of the City's General Plan and guidelines adopted pursuant to subsection (D)(1) of this section.
2. 
The Planning Commission shall consider the following elements:
a. 
The height and mass of structures should be generally consistent with those of adjacent buildings.
b. 
Structures should not violate an established rhythm along the street. "Rhythm" refers to the relationship of building masses to the spaces between them.
c. 
Certain basic architectural design elements of the structures could reflect those of the old— for example, the façade of a new structure might be consistent with a basic vertical or horizontal orientation of the façades of its neighbors, or a new structure could have the same roof shape as surrounding buildings.
d. 
Landscape elements such as walks, fences and planting masses should be encouraged to preserve or extend continuity between structures.
e. 
Retaining large trees and shrubs should be encouraged.
3. 
The design promotes harmonious transitions in scale and character in areas between different designated land uses.
4. 
The amount and arrangement of open spaces and landscaping are appropriate to the design and function of the structures.
5. 
The materials, textures, and details of construction are appropriate to the design of the building and neighboring structures.