Blue Lake City Zoning Code
CHAPTER 17
20 REGULATIONS FOR THE COMBINING OF ZONES AND FOR OPEN SPACE LANDS
§ 17.20.010 General Regulations.
The regulations set forth in this chapter for each of the Combining Zones shall modify the regulations for the principal zones with which they are combined. All uses and regulations of the principal zone shall apply in the Combined Zone, except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations.
§ 17.20.020 Planned Development or P-D Zone.
The purpose of the Planned Unit Development Combining Zone is to allow diversification in the relationships of various buildings, structures, and open spaces in planned building groups and the allowable heights of the buildings and structures, while ensuring substantial compliance to the zoning regulations and other provisions in order that the intent in requiring adequate standards related to the public health, safety, and general welfare, shall be observed without unduly inhibiting the advantages of modern large-scale site planning for residential, commercial, or industrial purposes. A site may be joined together with a combined zone permitting a planned unit development provided that the development complies with the following regulations.
A.
Uses. Any use or combination of uses which are 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 may be permitted with a use permit. A P-D Zone may be combined with any of the R, C, M or A Zones.
B.
Development Plan. Applications for use permits for the development of land in Planned Development Zones shall be accompanied by a plan of the development. Such plan shall include a map or maps and such written material as may be required to show:
1.
Topography of the land at five-foot intervals; location of major existing trees and other major natural features.
2.
Proposed access, traffic and pedestrian ways.
3.
Lot design and easements.
4.
Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings and other such uses.
5.
Areas proposed for commercial uses, loading and off-street parking, multiple and single-family dwellings, and all other uses proposed to be established within the Zone.
6.
Proposed location of buildings on the land, including all dimensions necessary to indicate size of structure, setback and yard areas.
7.
Proposed landscaping, fencing and screening.
8.
Provisions for drainage of surface waters, watercourses and sewage disposal plans.
9.
The application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the numbers of the various dwelling types proposed and the average net site area per dwelling unit for each dwelling type.
10.
Such other detailed elevations, plans and other information as may be required by the Planning Commission to enable it to evaluate adequately the proposed development and its impact upon the community.
C.
Conformity. All uses shall conform to the height, area, width, depth, ground coverage and yard regulations normally required for such uses, except where the overall development will be improved by a deviation from such regulations. In all cases, each structure shall conform to the precise development plan, which shall be made a part of the approved use permit.
D.
Site Area. The site shall be at least two acres in area and shall have a frontage of at least 100 feet on a public street.
E.
Site Area Per Dwelling Unit. For the purpose of determining the number of dwelling units permitted in a P-D Zone, all street rights-of-way or equivalent private vehicular access ways and all area occupied by nonresidential uses other than community open space occupied by landscaping, natural vegetation or water, and available for the use of all residents of the P-D Zone shall be subtracted, and the remaining area shall be divided by the minimum site area per dwelling unit required in the zone with which the PD Zone is combined. The maximum number of units that would be permitted if the site were not in a PD Zone may be increased by not more than 10%.
F.
Open Space. In addition to the usable open space per dwelling unit required in the R-2 Zone and yards requiring adjoining walls with openings, a planned unit development containing dwellings shall include open space occupied by landscaping, natural vegetation or water, and available for the use of all residents of the P-D Zone, equal to not less than 10% of the minimum site area per dwelling unit in the zone with which the P-D Zone is combined times the number of dwelling units in the P-D Zone. The City Planning Commission shall require the appropriate location, development and provision for perpetual maintenance of the open space to serve the needs of residents of a planned unit.
G.
One-Family Dwelling Sites. The site of one-family dwelling shall comply with all of the requirements for the R1 Zone except that one-family dwellings with no interior side yards shall be permitted on interior lots not less than 30 feet in width and 2,500 square feet in area, with a basic floor area not exceeding 100% of the site area. The minimum side yard on the street side of a corner lot that is the site of a one-family dwelling with no interior side yard shall be 12 feet, the minimum site width shall be 42 feet, and the basic floor area shall not exceed 75% of the site area.
H.
Use Permit Required. No zoning shall be issued for any site in a P-D Zone until a use permit for the entire P-D Zone has been granted in accord with the provisions of Chapter 17.28.
I.
Development Completion Period. Use permits may specify a development completion period of not more than three years, and provide for reversion to prior zoning classification unless an extension has been granted.
J.
Action by Commission. In taking action, the Commission may deny a permit, may grant a permit as submitted or may grant a permit subject to additional conditions.
K.
Public Hearings. No public hearing need be held, provided that no zoning amendment is required; provided, however, that a hearing may be held by the Commission in any case when it deems such hearing to be necessary in the public interest. Such a public hearing shall be held by publishing notice thereof at least 10 days prior to the hearing in a newspaper of general circulation printed and published in the City of Blue Lake.
L.
Development Subject to Conditions. Any planned unit development, as authorized, shall be subject to all conditions imposed, and shall be excepted from other provisions of this chapter only to the extent specified in the permit.
N.
Revocation of Permit. A planned unit development permit may be revoked in any case where the conditions of such permit have not been or are not being complied with, in which case the Commission shall give the permittee notice of intention to revoke such permit at least 10 days prior to review of the permit by the Commission. After conclusion of such review, the Commission may revoke such permit if the Commission finds that a violation in fact exists and has not been remedied prior to such hearing.
§ 17.20.040 Special Density or D Combining Zone.
The Special Density or D Combining Zone and subzones thereunder are intended to be combined with any principal zone where density is not specified, or where sound and orderly planning indicate that the density of that zone be modified.
A.
Applicability. The following regulations shall apply in any zone which is combined with the D Combining Zone in lieu of the lot area requirements normally applicable. In no case shall the D Combining Zone be applied so as to allow the creation of lots smaller than the minimum lot size specified by the principal zone.
B.
Density.
D-3 | One dwelling unit per 3,000 sq. ft. of lot area. |
D-4 | One dwelling unit per 4,000 sq. ft. of lot area. |
D-5 | One dwelling unit per 5,000 sq. ft. of lot area. |
D-6 | One dwelling unit per 6,000 sq. ft. of lot area. |
D-8 | One dwelling unit per 8,000 sq. ft. of lot area. |
D-10 | One dwelling unit per 10,000 sq. ft. of lot area. |
D-20 | One dwelling unit per 20,000 sq. ft. of lot area. |
D-1AC | One dwelling unit per acre of lot area. |
D-2½AC | One dwelling unit per 2½ acres of lot area. |
D-5AC | One dwelling unit per 5 acres of lot area. |
§ 17.20.050 Open Space Lands.
Attached to the ordinance codified in this chapter is a map entitled "Open Space Element," reference to which is made for further particulars, and which areas as set forth thereon shall be known as "Open Space Lands."
A.
In Open Space Lands, no structure shall be erected nor shall vegetation be modified, altered, or destroyed, provided that: (1) upon application to the Planning Commission as provided in Section 17.28.030, Use Permits, limited development for recreation, trails and picnic area may be permitted; (2) as to that area identified as number three on the map attached hereto, a City hall or any other municipal building shall be permitted without necessity for filing an application to the Planning Commission; (3) upon application to the Planning Commission, as provided in Sections 17.28.030 and 17.28.040, a permit to engage in the activities mentioned in this section—i.e., erection of structures or modification, alteration or destruction of vegetation—may be granted if in the opinion of the Planning Commission the granting of the permit will not result in unreasonable alteration to the Open Space Lands.
B.
In those areas of Open Space Lands where there are presently existing structures, such as identified as number one and number two on the map attached hereto, nothing in this chapter shall restrict the present use thereof.
§ 17.20.060 Historical Overlay or H Combining Zone.
The Historical Overlay or H Combining Zone is intended to be combined with any principal zone for the purpose of the preservation of historical features and character of a neighborhood or area of the City.
A.
Designation of Landmark Sites and Historic Districts.
1.
The City Council may by ordinance designate one or more areas containing a number of structures having special character or special historical, architectural, or aesthetic interest or value, and constituting distinct sections of the City, with the Historical Overlay Zone.
2.
The Criteria for Designating Historical Zones specified in subsection L of this section shall be used as a guide in the evaluation and designation process.
3.
Each designating ordinance shall include a description of the characteristics of the historical area which justify its designation, and a list of any particular features that should be preserved, and shall specify the location and boundaries of the historical area.
4.
The property designated shall be subject to the controls and standards contained in this section. In addition, the property shall be subject to such further controls and standards as the Council finds necessary or desirable, including, but not limited to, façade, setback, and height controls.
5.
The Council may amend or rescind a designation only by ordinance, after Planning Commission and Council hearings as required for original designations.
B.
Initiation of Designation. Designation proceedings may be initiated by written application of the owner or owners of the property or by resolution of the Planning Commission or the City Council.
C.
Procedure. Except as otherwise provided in this section, the proceedings for Historical Overlay or H Zone are the same as for any other zoning of land.
D.
Exclusion from Zone on Showing of Hardship. If any affected property owner presents facts clearly demonstrating to the satisfaction of the Planning Commission or the City Council that inclusion of his or her property in an Historical Overlay or H Zone will work immediate and substantial hardship, the Planning Commission or the City Council may exclude the property from the Historical Overlay or H Zone.
F.
Designation by City Council. The City Council shall hold a public hearing as specified in Section 17.28.010(J) to determine the matter.
G.
Notice of Designation by Council. When an Historical Overlay Zone has been designated by the Council, the City Clerk shall promptly notify the owners of the property included therein.
H.
Design Review Approval. Design review approval as set forth in Section 17.16.120 shall be required for all properties subject to the Historical Overlay Zone. In evaluating applications, the Planning Commission shall consider the Standards for Review set forth in Section 17.16.120. None of the provisions of this title shall be used to prohibit the installation of solar heating and cooling devices on structures by the applicant; however, such equipment shall be subject to design review procedures.
I.
Showing of Hardship in Cases of Proposed Alterations or Construction. If the applicant presents facts clearly demonstrating to the satisfaction of the Planning Commission that failure to approve his or her application will work immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, and not created by an act of the owner, the Commission may approve the application even though it does not meet the standards set forth in either the enabling or designating ordinance. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not justifiable hardships.
J.
Good Repair. The City of Blue Lake encourages all persons in actual charge or possession of property in a designated Historical Overlay Zone to keep the resource in good repair. The City shall provide information to property owners to aid them in obtaining loans and grants for rehabilitation.
L.
Criteria for Designating Historical Zones.
1.
Historical and Cultural Significance.
a.
Are the structures particularly representative of a distinct historical period, type, style, region, or way of life?
b.
Are they an example of a type of structure which was once common and is now rare?
c.
Are the structures of greater age than most of their kind?
d.
Are the structures connected in any way with someone who was famous, important, or a local personality?
e.
Are the structures connected with a business or use which was once common but is now rare?
f.
Is the architect or builder famous or well recognized?
2.
Architectural Significance.
a.
Are construction materials used in an unusual, significant, or effective manner or style?
b.
Is the overall effect of the design of the structures beautiful, or are its details beautiful or unusual?
c.
Is the style of the structures unusual for its area, for Blue Lake, for California, or is it unusual for any place?
d.
Do the structures contain original materials or workmanship which can be valued in themselves?
e.
Is the method of construction employed or the floor plans used ones which are unusual, ingenious, or significant?
f.
Are the structures especially well-preserved or could they be restored to their former condition?
3.
Neighborhood Setting.
a.
Are the structures particularly well-related to their sites or to existing buildings?
b.
Do they express function or method of construction well?
c.
Are the structures visible or accessible to the public?
d.
Is the present setting appropriate (trees, walls, yard, etc.)?
e.
Is the surrounding land use a significant factor in preservation of the structures?