Blue Lake City Zoning Code
CHAPTER 17
24 GENERAL PROVISIONS AND EXCEPTIONS
§ 17.24.010 Applicability.
Each and every zone shall be subject to the provisions of this chapter, in addition to the requirements and regulations set forth elsewhere in this title for each of the zones.
§ 17.24.020 Accessory Uses.
Accessory uses, as defined herein, shall be permitted appurtenant to any permitted use, without the necessity of securing a use permit, unless particularly provided in this chapter, provided that no accessory use shall be conducted on any property in any R Zone unless and until the main building is erected and occupied, or until a use permit is secured.
A.
Animals and Animal Shelters. Domestic animals may be kept as accessory to residential use so long as such animals are not detrimental to the neighborhood and according to the following:
1.
One large domestic animal such as a horse or cow may be kept on any parcel of not less than one acre. One additional animal may be kept for each 20,000 square feet of area by which such parcel exceeds one acre.
2.
One medium sized domestic animal, including sheep or goats may be kept on any parcel of not less than 10,000 square feet of area. One additional animal may be kept for each 3,000 square feet of area by which such parcel exceeds 10,000 square feet.
3.
Shelters, runs, corrals and yards for such animals shall be located on the rear half of the lot on which they are kept, and in no case within 50 feet of the front lot line, nor within 20 feet of any other line, nor within 50 feet of any dwelling unit.
4.
There may be kept on any lot not to exceed 60 chicken hens and 12 rabbits, or similar livestock; provided that no such livestock shall be maintained closer than 30 feet from any dwelling now existing or hereafter erected.
5.
All other keeping of animals as accessory to any residential use shall require the securing of a use permit.
B.
Nuisance. It is hereby declared a nuisance and it is 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.
§ 17.24.030 Assemblages of Persons and Vehicles.
No circus, carnival, open-air or drive-in theatre, automobile racetrack, religious revival tent or similar assemblage of people and automobiles shall be permitted in any zone unless a use permit is first secured in each case.
§ 17.24.040 Guest Houses.
Guest houses are herein defined as detached living quarters of permanent construction, without kitchens which are clearly subordinate and incidental to the use of the main building on the same lot. Guest houses shall not be let, leased or rented, in whole or in part, independently of the main building.
§ 17.24.050 Height Limitations and Modifications.
Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point of the roof, but chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air-conditioning equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in making such measurements. Accessory buildings in R Zones shall not exceed 16 feet in height.
§ 17.24.060 Home Occupations.
A.
Definition. A home occupation is defined as the conduct of a business, including an art or profession, the offering of a service, or the handcraft manufacture of products on a residentially zoned property or in a dwelling, 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 this section.
B.
Conditions. No home occupation shall be permitted unless all of the following conditions have been satisfied and, once permitted, all home occupation permits shall be deemed to be subject to the following as continuing conditions. A home occupation shall:
1.
Occupy not more than 25% of the total floor space of all the structures on a residentially zoned lot, or 25% of the floor space associated with the dwelling in zones other than residential; and
2.
Involve no sales of merchandise other than that produced on the premises or merchandise directly related to and incidental to the occupation or permitted under allowable uses; and
3.
Be conducted by members of the family occupying the dwelling with no more than one additional other person employed on the premises; and
4.
Not result in changes to the residential character of the property; and
5.
Not result in the creation of dust, noise, odors, smoke, electrical interference or other nuisances to a degree greater than that normal for the neighborhood; and
6.
Not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located; and
7.
Meet the requirements of the Chief Building Inspector and Chief of the fire district having jurisdiction; and
8.
Require no structural, electrical, mechanical or plumbing alterations not normally found in a dwelling; and
9.
Involve no equipment other than that customarily used in dwellings, except that the Planning Commission may, in particular cases, modify this provision; and
10.
Not be conducted without first obtaining all licenses and permits, including but not limited to a home occupation permit, business license and state and county permits as indicated by the type of use; and
11.
Not involve conversion of a room into a sales room; and
12.
Involve no excessive or unsightly storage materials or supplies, indoors or outdoors, for purposes other than those uses permitted in the district; and
13.
Not involve the use of signs or structures other than those permitted in the district in which the home occupation is located.
C.
Applications.
1.
Applications for home occupation permits shall be filed with the City Clerk on a form prescribed by the Planning Commission.
2.
The Planner shall review the permit application and make an initial determination whether the permit may follow administrative approval procedures or is subject to Planning Commission review.
D.
Administrative Review Procedure.
1.
The following home occupations qualify for administrative review and approval: Accounting, bookkeeper;
Answering service;
Conducting of groups or classes of four or fewer persons;
Consulting services;
Counseling, individual or family;
Crafts involving equipment customarily used in a home;
Day care of 12 children or fewer;
Dating service;
Drafting and/or designing using only the normal drafting equipment;
Fine arts involving equipment customarily used in home;
Home party sales of groups of four or fewer
Law offices;
Massage and physical therapy;
Photography and photographic reproductions;
Plant propagation not in a greenhouse;
Residential care homes for six or fewer persons;
Sales, including mail order, when all sales are done by written order with no commodities, samples, or displays on the premises;
Secondary business offices, where the business has its principal office, staff and equipment located elsewhere;
Sewing, dressmaking and millinery;
Small service operations not requiring significant storage in the home;
Swimming lessons for four or fewer persons;
Tutoring individuals or groups of four or fewer;
Typing;
Word processing.
2.
If the proposed home occupation is included among those designated for administrative approval pursuant to paragraph 1 of this subsection D, the Planner shall transmit copies of the application to the members of the Planning Commission, the Chief Building Inspector, and the Fire Chief of the fire district having jurisdiction.
3.
If within 15 days of such transmittal a request by a Planning Commission member, the Fire Chief, the Chief Building Inspector, or the Planner is made to refer the application to the Planning Commission, the application shall be so referred and further proceedings shall be pursuant to subsection E of this section.
4.
If no such request is made within such 15-day period, the Planner shall approve the application and grant a home occupation permit.
E.
Planning Commission Review and Approval.
1.
Except as otherwise herein provided, the following home occupations shall be considered for approval by the Planning Commission:
Barber shop; | |
Beauty shop; | |
Ceramics/pottery studio; | |
Conducting of groups or classes of five or more; | |
Dance studio; | |
Home party sales of groups of five or more; | |
Mail order business other than those meeting criteria for administrative approval; | |
Music lessons; | |
Plant propagation in a greenhouse; | |
Small item repair, including, but not limited to: | |
- | Small appliances, |
- | Computers, |
- | Electronics, |
- | Musical instruments, |
- | Toys; |
Small motor repair; | |
Swimming lessons for five or more persons; | |
Any application referred to the Planning Commission pursuant to paragraph D.3 of this section. | |
2.
Home occupation permits which do not qualify for administrative review and approval, and applications for home occupation not otherwise listed, shall be heard by the Planning Commission. All applicants for a home occupation which are required to be heard by the Planning Commission shall pay a fee in an amount to be determined by the duly adopted current fee schedule, prior to the matter being placed on the Planning Commission agenda.
3.
Following the conclusion of the hearing, the Planning Commission shall grant, conditionally grant, or deny the home occupational permit. The grant of a home occupation permit may be made subject to terms and conditions set by the Planning Commission and attached thereto and made part thereof.
G.
Uses Not Allowed as Home Occupations. The following uses are not allowed as home occupations:
Animal hospitals or kennels;
Antique shops;
Auto body work or painting;
Auto repair or servicing;
Bakeries;
Day care of more than 12 children;
Eating establishments;
Food processing;
Medical, dental offices;
Residential care homes for seven or more persons;
Rest homes;
Retail establishments, boutiques, gift shops;
Taxi, limousine service.
§ 17.24.070 Lot Areas and Widths.
Development of lots which do not conform to the minimum specifications of the zone in which they are located will be permitted where the lot in question was delineated on a recorded subdivision map.
§ 17.24.080 Lot Not Fronting on a Public Way.
A lot not having frontage on a public way, but otherwise conforming to these regulations, may be used provided that either access is developed to standards approved by the City Engineer or a use permit is first secured.
§ 17.24.090 Mobile Home Park Standards.
A.
Use Exemptions. A mobile home shall be occupied or used for living or sleeping purposes only if it is located in a licensed mobile home park, or an individual lot in accordance with Section 17.24.091 of this chapter, with the following exceptions:
1.
Temporary Office or Residence. One mobile home may be permitted, with a special permit issued by the Building Department, as a temporary office or residence, after obtaining a building permit for the construction of a permanent building of the same use on the same lot. Such use of the mobile home shall be limited to six months from the date of issuance of the building permit and shall automatically terminate upon the expiration or voidance of the building permit. The Building Department may renew such special permit for one additional period of six months if substantial progress has been made in the construction of the permanent building and it is reasonable and probable that such permanent building will be completed within such additional period.
2.
By Building Contractors. Mobile homes may be used, with a use permit, as temporary offices by construction workers.
B.
Location and Other Requirements. All mobile home parks shall be subject to the following requirements:
1.
Minimum site area of mobile home park: one acre.
2.
Minimum site area for each mobile home space: 5,000 square feet; and minimum floor space area for each mobile home, 500 square feet.
3.
Recreation space: at least one recreation space not less than 5,000 square feet in area per one acre lot size.
4.
Not more than one mobile home park on the site area.
5.
No mobile or dwelling shall be located in a required yard (required yard being: front, 15 feet; rear, 10 feet; side, five feet), nor less than 15 feet from a street property line or another mobile home, nor less than 15 feet from a property line not abutting a street.
6.
All areas used for automobile circulation or parking shall be at least 35 feet from curb to curb and shall be increased in width by 10 feet for curb parking space on each side of the street on which such curb parking is permitted. All roads and parking spaces shall be permanently paved.
7.
The site of the mobile home park shall be landscaped 20 feet in depth from an adjoining street with material suitable for ensuring privacy and ornamenting the site.
8.
Each mobile home shall be provided with skirting to hide the wheels and/or foundation.
9.
The foundation supporting each mobile home shall not be in excess of three feet in height.
§ 17.24.091 Manufactured Homes on Individual Lots.
A.
Intent. The City Council finds that over 75% of the vacant land designated for residential use in Blue Lake is located in the areas zoned Planned Development Residential, or PD-R, and that anticipated residential growth in Blue Lake will take place primarily in the PD-R Zones. The City Council further finds that such growth is consistent with the policies of the Housing and Land Use Elements of the Blue Lake General Plan and will allow for flexibility and good planning in placing and assimilating manufactured housing. The City Council further finds that the residential areas of Blue Lake, other than those zoned PD-R, are substantially filled-in with housing of particular architectural types and historical significance so as to render lots in those areas incompatible with manufactured housing.
B.
Manufactured Homes Permitted on Compatible Lots. A manufactured home shall be permitted on an individual lot as a single-family dwelling unit if it meets the following eligibility requirements:
1.
The manufactured home must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974.
2.
The manufactured home shall have been constructed and certified not more than 10 years before date of application for the required installation permit or permits.
3.
The manufactured home must be installed on a permanent foundation system designed in accordance with the provisions of Section 18551 of the Health and Safety Code and the City's current building standards and practices.
4.
The manufactured home shall be subject to all development standards to which a conventional single-family residence on the same parcel would be subject (see Section 17.24.260).
5.
The manufactured home must be owned by the property owner of record.
6.
The manufactured home may be precluded in an area listed or proposed to be listed on the National Registry of Historic Places consistent with Government Code Section 65851.3(b).
§ 17.24.100 Off-Street Parking Facilities.
The purpose of off-street parking facilities is to alleviate or to prevent traffic congestion and shortage of curb spaces. Off-street parking facilities shall be provided incidental to new uses and major alterations and enlargements of existing uses.
A.
Schedule of Off-Street Parking Requirements.
Land Use | Number of Off-Street Parking Spaces Required |
|---|---|
Residential (including single-family, two-family, multifamily, and accessory dwelling units | 1 for each dwelling unit containing 1 or fewer bedrooms 2 for each dwelling unit containing more than 1 bedroom |
Motels, Hotels, and Rooming Houses | 1 for each living or sleeping unit; plus 1 space for every 3 employees |
Mobile Home Parks | 1 for each trailer unit; plus 1 additional space for each 4 units |
Industrial: Manufacturing, Warehousing, Lumbering, Aggregate Extraction | 1 per 1.35 shift employees; or 1 for each 800 sq. ft. of gross floor area, whichever is more applicable as determined by the City Planner |
Commercial | |
Retail (grocery, pharmacy, department store, etc.), banks, professional, administrative, medical and dental offices | 1 for each 300 sq. ft. of gross floor area |
Automobile and machinery sales, garages and similar repair, furniture stores, major appliance stores | 1 for each 500 sq. ft. of gross floor area |
Restaurants, bars, dance clubs, coffee shops, bowling alleys, pool halls | 1 for every 3 seats; 3 for each lane; and 1 for each billiard table |
Institutional, Educational, Civic | |
Hospitals | 2 for each bed (includes employee and visitor parking) |
Rest homes, nursing homes, care facilities, etc. | 1 for every 2.5 beds |
Churches, lodges, clubs, theatres, sports arenas, auditoriums, other places of public assembly | 1 for every 6 seats in the auditorium; plus 1 space for every 4 employees |
Adult education | 1 for every 2 students; 1 for every 2 teachers; and 1 for every 2 employees |
Private schools, elementary schools or day care schools or facilities | 1 for every 10 students; 1 for every teacher; and 1 for every employee |
B.
Additional Requirements and Exceptions.
1.
More Than One Use on a Site. If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this section for each use.
2.
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.
3.
Reduction of Off-Street Parking Facilities. No off-street parking facility shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this chapter. Exception may be made by the Planning Commission with a use permit or as described below in paragraph 4 of this subsection.
4.
The City Planner 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, the availability of space on a parcel with existing improvements, the proximity to a bus stop or other alternative transportation facilities, the provision of bicycle parking spaces, or the provision of previous parking spaces.
5.
Existing Uses. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking facilities prescribed in this section, provided that facilities being used for off-street parking on November 8, 1973, shall not be reduced in area to less than the minimum standards prescribed in this section. Exception may be made by the Planning Commission with a use permit or as described above in paragraph 4.
C.
Standards for Off-Street Parking Space.
1.
The minimum off-street parking dimensions shall be as prescribed in the following table, except that a parking space located in a garage or carport shall be not less than 20 feet in length and 10 feet in width.
Parking Angle | Width | Length | Drive Aisle Width (maneuvering areas) | |
|---|---|---|---|---|
One-Way | Two-Way | |||
Parallel | 8.5′ | 23′ | 12′ | 20′ |
30 degrees | 8.5′ | 17′ | 11′ | 20′ |
45 degrees | 8.5′ | 19.5′ | 13.5′ | 20′ |
60 degrees | 8.5′ | 21′ | 18.5′ | 20′ |
Perpendicular | 8.5′ | 19′ | 25′ | 25′ |
2.
Sufficient aisle space for readily turning and maneuvering vehicles shall be provided on the site, except that no more than two parking spaces per site may be located so as to necessitate backing a vehicle across a property line abutting a street. Alleys may be used for maneuvering.
3.
Each parking space shall have unobstructed access from a street or alley or from an aisle or drive connecting with a street or alley without moving another vehicle.
4.
Entrances from and exits to streets and alleys shall be provided at locations approved by the Director of Public Works. Fences shall be recessed or constructed at such a height that sufficient vision clearance is provided in accordance with Section 17.24.190. All doors or gates in fences, walls, or hedges shall not open outwardly if located within two feet of a street, alley, or public walk.
5.
The parking area, aisles and access drives shall be paved so as to provide a durable, dustless surface, except that an alternative durable, dustless surface may be approved by the City Planner, and shall be so graded and drained as to dispose of surface water without damage to private or public properties, streets or alleys.
6.
Bumper rails shall be provided at locations prescribed by the City Planner where needed for safety or to protect property.
7.
If the parking area is illuminated, lighting shall be deflected away from residential sites and natural areas so as to cause no annoying glare.
8.
Except for emergencies, no repair work or servicing of vehicles shall be conducted on a parking area.
§ 17.24.110 Off-Street Loading Facilities.
The purpose of off-street loading facilities is to prevent traffic congestion and shortage of curb spaces. Offstreet loading facilities shall be provided incidental to new uses and major alterations and enlargements of existing uses.
A.
Schedule of Off-Street Loading Berth Requirements. If, in the application of the requirements of this section, a fractional number is obtained, one loading berth shall be provided for a fraction of one-half or more, and no loading berth shall be required for a fraction of less than one-half.
B.
Commerce and Industry. Commercial and industrial establishments, including retail stores, eating and drinking establishments, personal service establishments, commercial service enterprises, warehouses, storage facilities, manufacturing plants, and other industrial uses: no berths for less than 4,000 square feet gross floor area; one berth for 4,000 to 40,000 square feet gross floor area; two berths for 40,000 to 80,000 square feet gross floor area; three berths for 80,000 to 120,000 square feet gross floor area; one additional berth for each 100,000 square feet additional gross floor area.
C.
Business. Public and private business offices, professional and administrative offices, hospitals, nursing homes, sanatoriums, institutions, hotels and motels: no berths for less than 15,000 square feet gross floor area; one berth for 15,000 to 100,000 square feet gross floor area; two berths for 100,000 to 200,000 square feet and over.
D.
Mortuaries. One berth for less than 5,000 square feet gross floor area; plus one additional berth for each additional 10,000 square feet gross floor area.
E.
Standards for Off-Street Loading Space. All loading spaces should be at least 12 feet in width by 45 feet in length by 14 feet in height.
F.
Existing Uses. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street loading facilities prescribed in this section, provided that facilities being used for off-street loading on November 8, 1973, shall not be reduced in capacity to less than the number of berths prescribed in this section or reduced in area to less than the minimum standards prescribed in this section.
§ 17.24.120 Signs.
The purpose of this section is to set standards which will permit a reasonable use of signs to give information, directions and to advertise goods and services while affording protection to the peace, comfort, safety of the general public, and the visual amenity of the community.
A.
Signs Regulated—Permits Required. Except for authorized personnel, no person shall paste, paint, post, print, nail, tack, glue, carve, erect, or fasten any sign, banner, pennant, or notice of any kind in any visible manner except expressly permitted in this section; provided further, to ensure compliance with these regulations, a use permit shall be obtained from the City administration.
B.
Amendment to Sign Code. The provisions of Volume V, Uniform Building Code, "Signs," 1970 Edition, prepared by the International Conference of Building Officials, and all revisions, supplements and amendments heretofore and hereinafter adopted by the International Conference of Building Officials are hereby adopted and the code is adopted as a whole. The following subsections C, D and E amend the Uniform Sign Code, 1970 Edition, adopted by the City, and all amendments thereto.
C.
Architectural Review. All signs over 35 feet in height or 50 square feet in area, shall be subject to Planning Commission approval.
D.
Sign Area Permitted. The maximum permitted area of all faces of all signs visible from beyond the boundaries of a site, except directional signs and signs behind a display window, shall be as prescribed in the following schedule. Advertising signs, where permitted, shall be included as part of the maximum permitted sign area.
E.
Schedule of Sign Regulations.
Type of Sign | Location Permitted | Maximum Size | Illumination Permitted | Additional Requirement |
|---|---|---|---|---|
Home Occupation | Attached flat to building, fence or wall | 2 sq. ft. | None | None |
Announcement Bulletin Board | Attached or freestanding minimum 10′ from street or property line | 12 sq. ft. | Indirect non-glare or flashing | |
Outdoor Advertising Sign Bill | Attached or freestanding minimum 20′ from street or property line | 100 sq. ft. | Direct or indirect nonflash | |
Pole or Ground Signs | Freestanding | 50 sq. ft. within total perimeter | Direct or indirect, nonglare or flashing | Height 35′ maximum |
Real Estate Sign | Attached or freestanding, temporary, minimum 10′ from property line | 6 sq. ft. | None | Maximum 3 months, unless application for permit for longer period approved |
Tract Sign | Freestanding, temporary | 100 sq. ft. | Indirect | Must be removed at expiration of required temporary use permit |
Other Signs | As regulated by the Planning Commission | As regulated by the Planning Commission | Non-glare or flashing | |
Commercial | Attached or freestanding | 1 sq. ft. per foot of property line, adjoining street, 50 sq. ft. total | Non-glare or flashing | |
Industrial | Attached or freestanding | 1 sq. ft. of property line, adjoining street or 120 sq. ft. per acre of site area in use, whichever is greater | Non-glare or flashing | 100 sq. ft. each face; 200 sq. ft. total |
F.
Advertising Structures Prohibited Adjacent to All Freeways and Expressways. No advertising structure, billboard or sign shall be erected, constructed, relocated or maintained in the City of Blue Lake:
1.
If such advertising structure, billboard or sign is designed to have or has the advertising thereon maintained primarily to be viewed from a freeway or expressway; or
2.
If such advertising structure, billboard or sign, because of its location, size, nature or type, constitutes or tends to constitute a hazard to the safe and efficient operation of vehicles upon a freeway, or creates a condition which endangers the safety of persons or property thereon.
G.
Application Contents and Approvals. Every application for an advertising structure, billboard or sign shall contain a statement by the applicant that the advertising structure, billboard or sign is not to be viewed primarily from a freeway or expressway.
1.
No permit shall be issued to erect, construct or relocate any advertising structure, billboard or sign, regardless of location, having the advertising thereon viewed primarily from a freeway or expressway.
2.
No permit shall be issued to erect, construct, or relocate any advertising structure, billboard or sign, regardless of location which constitutes a hazard to the safe and efficient operation of vehicles upon a freeway, or creates a condition which endangers the safety of persons or property thereon.
3.
All applications for permits for advertising structures, billboards or signs, which are in compliance with this section shall be approved, and a permit issued pursuant to ordinance on the subject of building permits.
§ 17.24.130 Swimming Pools.
Any pool, pond, lake or open tank, not completely enclosed within a building, which is normally capable of containing water to a depth greater than 18 inches at any point and in which swimming or bathing is permitted to the occupants of the premises on which it is located, or their guests, and which shall not be used for commercial purposes, shall be permitted with a use permit in any zone and shall be subject to the following regulations.
A.
Location. Such pool shall be located on the rear part of a lot and in any case not less than 50 feet from the front lot line. Side and rear yards shall be as required for accessory buildings, but in no case within five feet of any lot line. Filter and heating systems shall not be located within 10 feet of any lot line, except that portable pools shall not be required to maintain the 50-foot setback from the front lot line.
B.
Coverage. Ground coverage by a swimming pool shall not exceed 40% of the rear yard required of the lot on which it stands. Ground coverage by a swimming pool shall not be included in computing maximum ground coverage allotted to buildings on the lot.
C.
Enclosure. Such pool or the property on which it is located shall be completely enclosed by a wall or fence not less than six feet in height, containing no openings greater than four inches except for self-closing and self-latching gates on which the latch is at least six feet above ground level, in order that full control of access by children may be maintained. Supplemental lighting shall be so installed as to prevent annoying glare on adjacent properties.
§ 17.24.140 Tract Offices.
Temporary tract offices located on the premises of a subdivision shall be allowed, with a use permit limited to a one-year period, in conjunction with the sale of lots in a subdivision. Within 30 days after the termination of the permitted period or any extension thereof, the structure shall be removed from the premises.
§ 17.24.150 Minimum Lot Size and Measurements.
No R Zone building site shall have less than 40 feet of frontage on a street or on a cul-de-sac turning space. On an irregular site required yards shall be measured in the manner prescribed by the City Planner. (For non-public streets, see also Section 17.24.080 of this chapter.)
§ 17.24.160 Special Study Zones.
When unusual or unique situations occur, the Planning Commission may establish a Special Study Zone. An example of such conditions would be hillside lot development, new housing concepts. The Planning Commission shall make the determination in regards to the existence of such situations.
§ 17.24.170 Yards.
The minimum yard requirements set out in Chapters 17.16 and 17.20 shall be subject to the regulations of this section.
A.
Front Yards. For the purpose of computing front yard dimensions, the measurement shall be taken from the nearest point of the front wall of the building to the street line; provided, however, that if the official building line has been established for the street, or if a future width line is established therefor by the provisions of this title, then the measurement shall be taken from the nearest point of the front wall to the other building to such official line or such future width line, except that certain architectural features hereinafter enumerated shall not be considered in making such measurements, and shall be subject to the following limitations:
1.
Cornices, canopies, eaves or any other architectural features may extend beyond the front wall a distance of not exceeding two and one-half feet.
2.
Fire escapes, balconies, galleries, may extend beyond the front wall a distance of not exceeding four feet and six inches.
3.
A landing place or uncovered porch may extend beyond the front wall a distance of not exceeding eight feet provided that such landing place or porch shall have a floor no higher than the entrance floor of the building and in no event more than three feet above the finished grade. A railing no higher than three feet may be placed around such landing place. In no case, however, shall any such landing place or porch extend beyond any street, or beyond the future width line which is established therefor by the provisions of this title.
B.
Front Yard Exception. If an interior lot in any R zone is adjacent to a lot in any zone other than an R zone, the depth required for the front yard on such interior lot may be reduced to not less than the average of the required depth of the front yard of the interior lot and of the front or side yard, as the case may be, of the lot in the adjacent zone. Projections of canopies into streets from property lines, if they are along shopping frontages only, may extend to a maximum of eight feet, provided that the height shall not be less than 10 feet from the ground to the canopies and provided that the overall design of the shopping facilities justifies such canopy in the judgment of the Planning Commission.
C.
Side Yards. The architectural features enumerated in subsection A of this section may also extend into any minimum side or rear yard, the same distance that they are permitted to extend beyond any front wall, except that no porch, terrace, patio, or outside stairway shall project more than three feet into any minimum side yard, and in any event no closer than three feet to the side lot line. An outside stairway may extend into the minimum required side yard only if the stairway is unroofed and unenclosed above and below.
D.
Rear Yards. The architectural features enumerated in subsection A of this section may also extend into any minimum rear yard the same distance that they are permitted to extend beyond any front wall. For lots where the rear yard opens into an alley the depth of a rear yard required for any building (excluding dwelling groups regulated elsewhere in this title) may consider one-half the width of such alley, but not exceeding 10 feet, as a portion of such rear yard; provided, however, that these provisions shall not be so applied as to reduce the depth of any rear yard to less than 10 feet. Further, no doors, gates, or other constructed elements shall open outwardly beyond the property lines. Exceptions for location of certain accessory buildings shall be per Section 17.24.180.
§ 17.24.180 Accessory Buildings.
A.
Types of Accessory Buildings. An accessory building is an attached or detached subordinate building, the use of which is incidental to that of the main building on the same lot. Accessory buildings come in a variety of types, including, but not limited to, buildings used for the storage of household goods (e.g., sheds), gardening or animal keeping (e.g., greenhouses, chicken coops, etc.), parking of vehicles (e.g., garages, carports, etc.), recreational activities (e.g., workshop, game room, etc.) or other uses (e.g., office, guest houses, etc.). A building designed with kitchen facilities is defined as a residential unit and is subject to the requirements of this title pertaining to residential uses.
B.
Attached Accessory Buildings. Accessory buildings to be attached to the main building shall be made structurally a part thereof and shall comply in all respects with the requirements of this title applicable to the main building except as provided in subsections (C)(4)(c) and (D) of this section. This includes, but is not limited to, complying with the setbacks, ground coverage, and height limits of the applicable zone. An attached accessory building shall not be accessible from the interior of the main building on the lot. Accessory buildings attached to single-family residential structures must also comply with the development standards contained in Section 17.24.260. Alternatives to the standards in Section 17.24.260 require obtaining an exception from the Planning Commission.
C.
Detached Accessory Buildings.
1.
Detached accessory buildings shall not be closer than 10 feet to the main building, unless constructed with a fire wall as required in the Uniform Building Code (UBC). The distance between buildings is measured from outside wall to outside wall.
2.
Detached accessory buildings that exceed 16 feet in height or 256 square feet in size shall comply with the same rear yard setback and height requirements applicable to the main building except as provided in subsection D of this section.
3.
Detached accessory buildings must comply with the maximum ground coverage requirements of the applicable zone.
4.
Detached accessory buildings shall conform to the following additional regulations as to their location upon the lots, except as provided in subsection D of this section:
a.
Shall not encroach on the front or side yard of any lot.
b.
On a corner lot, the minimum setback from any property line with street frontage shall be equal to the front yard required on the adjacent lot.
c.
May be located within the rear yard setback provided they (i) do not exceed 256 square feet in lot coverage; (ii) are not closer than three feet to the rear property line and four feet to the side property line; (iii) do not exceed seven feet in height, except that the height may be increased one additional foot for each additional foot the structure is set back from the nearest applicable minimum setback line (e.g., four-foot side, three-foot rear), to a maximum of 16 feet (e.g., 12-foot rear yard setback, 13-foot side yard setback); and (iv) require no utilities except electrical services. An attached accessory building may also be located in the rear yard setback subject to the above requirements as referenced in subsection B of this section.
D.
Private Garages. Private garages are attached or detached accessory buildings utilized for the storage of vehicles and include covered parking spaces and carports. Private garages may be located within the rear yard setback provided they are not closer than four feet to the rear property line and do not exceed 16 feet in height.
E.
Size Limitation. Any accessory structure that exceeds 640 square feet or 60% of the floor area of the main building on the lot, whichever is less, shall be required to obtain site plan approval in accordance with Section 17.24.250.
F.
Conversions of Accessory Buildings. Accessory buildings constructed in conjunction with exceptions allowed by subsections (C)(4) and (D) of this section shall, if later converted, require modification or relocation to be in conformance with all provisions of this title.
G.
Accessory Buildings for Animals. Locations of accessory buildings for animals—See Section 17.24.020.
H.
Other Regulations.
1.
Site plan approval, in accordance with Section 17.24.250, shall be required for all accessory buildings that require a building permit in the M, ML, RC, and SC Zones.
2.
Second-story windows which face an adjoining residential property shall be designed to protect the privacy of neighbors. This shall be accomplished through the installation of opaque windows or the placement of windows at a height or orientation which prevents views of adjacent residential properties.
§ 17.24.190 Vision Clearance and Fence Regulations.
A.
Corner Lots. On a corner lot, no fence, wall, hedge, ornamental landscaping or other obstruction, except the natural grade of the site, shall exceed a height of three feet above the top of the existing or proposed street curb, within a required yard in a triangular area formed by a line drawn between points 20 feet from the intersecting property lines of a corner lot. Corner lots are subject also to the provisions of subsection B of this section.
B.
Other Lots. On all other lots, no fence, wall, hedge, ornamental landscaping or other obstruction, except the natural grade of the site, shall exceed a height of four feet above the top of the street curb, along the street in front of the building and/or dwelling located on the property, and from the point where the property line and the front building line and/or front dwelling line intersect to the street line. Trees or other vegetation are an exception to this regulation, providing they are kept trimmed to not create a sight distance hazard for motorists.
C.
Maximum Height Limits. No fence, wall, hedge or other obstruction shall be erected, moved or altered to exceed seven feet in height, except as provided in subsection E of this section.
D.
Inward Opening. All doors or gates in fences, walls or hedges shall open inwardly if located within two feet of a street or public walk.
E.
Waiver for Good Cause. In connection with the procedure for site plan approval set forth in Section 17.24.250 or upon application of a developer, the Planning Commission may waive the strict requirements of this section; provided, however, that no such waiver shall be made until the Planning Commission makes the following findings:
§ 17.24.200 Lots Adjoining Freeway, Railroad, School or Shopping Site in R Zones.
In any R Zone, no site rearing on a freeway, railroad, school or shopping site shall have a depth of less than 130 feet.
§ 17.24.210 Nonconforming Lots.
A lot having an area, frontage, width, or depth less than the minimum prescribed for the zone in which the lot is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to November 8, 1973, and which had a legal area, frontage, width, and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use, but shall be subject to all other regulations for the zone in which the lot is located.
§ 17.24.220 Height Limits.
Height limits imposed on other structures in zones in which they are permitted shall not apply to the following; provided, however, no such structures shall exceed height limitations, imposed by any other applicable regulations and provided that no such structure shall provide other than incidental usable floor space.
A.
Farm Buildings, Etc. Barns, silos or other farm buildings or structures on farms, provided these are not less than 50 feet from every lot line; church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, distribution and transmission lines, towers and poles, wind-mills, chimneys, smokestacks, flagpoles, radio towers, masts and television antennae; parapet walls extending not more than four feet above the height limit of the building; outdoor theatre screens, provided the screens contain no advertising matter other than the name of the theatre.
B.
Places of Public Assembly. Places of public assembly in churches, schools and other permitted public and quasi-public buildings, provided that these are located on the first floor of such buildings and provided that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the zone, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the zone.
C.
R-1 Districts. In R-1 Districts, dwellings may be increased in height not to exceed 10 feet and to a total of not exceeding three stories when two side yards of widths of not less than 15 feet each are provided.
D.
C Districts. Upon securing a use permit, any building in any C District may be erected to a height exceeding that herein specified for such district, provided that the cubical contents of the building shall be increased beyond that possible for a building erected within the height limit hereinbefore specified for such district.
E.
Exceptions. Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimension of any such structure exceeds 50% of the corresponding street lot line frontage; or towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height; provided, however, that all such structures above the heights otherwise permitted in the zone shall not occupy more than 25% of the area of the lot and shall be distant not less than 25 feet in all parts from every lot line not a street lot line.
§ 17.24.230 Parking Facilities.
A.
Wall or Fence on Streets. Where an open parking facility for more than five cars or a loading area in an R Zone adjoins a street or a required front yard, or where a parking or loading area is located directly across a street or alley from an R Zone, a solid wall or fence, vine-covered fence, or compact evergreen hedge no less than four feet in height shall be located on the property line; provided that where parking is not permitted in a required front yard, the screening shall be located on the rear line of the required front yard.
B.
Screening on Property Lines. Where a parking facility is permitted as a conditional use or to serve a conditional use in an R Zone, it shall be screened by a solid wall or fence, vine-covered fence, or compact evergreen hedge not less than four feet in height along the property lines adjoining a street or alley directly across from an R Zone and not less than six feet in height along the other property lines adjoining an R Zone.
C.
Landscaping of Lot. In a C Zone, not less than two percent of the interior of a parking area shall be landscaped with trees and other plant materials suitable for ornamentation. Landscaped areas shall be distributed throughout the parking area. In addition, a landscaped area with material suitable for ornamentation shall be located at the property lines adjoining the street frontages of the site.
§ 17.24.240 Landscaping.
A.
General Requirements. All screening and landscaping, except existing natural vegetation, shall be permanently maintained in neat and orderly condition by the owner. Plant materials shall be watered, weeded, pruned and replaced as necessary to screen or ornament the site. The provision of required landscaping and maintenance shall be the responsibility of the property owner. Landscaping features including fences, hedges, trees and ornamental vegetation shall conform to height and other regulations specified in Section 17.24.190, Vision Clearance and Fence Regulations.
B.
Landscaping Requirements. The following landscaping requirements apply in the Residential Multiple Family (R-3) Zone, any Commercial (RC and SC) Zone, the Mixed Use (MU) Zone, the Industrial (M) Zone and Light Industry (ML) Zones, and the Public Facility (PF) Zone. The requirements are also applicable to mobile home parks and multifamily residential developments consisting of four or more units.
1.
A portion of the site visible from the street and comprising not less than 10% of the site area shall be landscaped with plant materials suitable for ornamenting the site. Developments proposing to landscape with drought tolerant and/or local plant species shall be allowed a reduced site area landscaping requirement of six percent, except in the Residential Multiple Family (R-3) Zone and for mobile home parks and multifamily residential development consisting of four or more units.
2.
Existing natural vegetation can be counted towards a maximum of 50% of the site area landscaping requirement.
3.
Required landscape improvements shall be installed prior to final building inspection or commencement of the approved use.
4.
A pre-existing use shall not be deemed nonconforming by reason of failure to meet this requirement.
5.
The landscaped area required to be provided for an expansion of a use shall be in addition to landscaped area existing prior to the expansion, unless the pre-existing area exceeds the required minimum, in which case it shall be counted as part of the total area required.
6.
The Planning Commission may waive or reduce the requirements of this section for any zone when such waiver would better allow the proposed use to blend in with surrounding development.
§ 17.24.250 Site Plan Approval.
The purpose of this regulation is to promote Blue Lake's orderly and harmonious development, the stability of land values and investments, and in order to help prevent excessive and unsightly grading of hillsides and removal of vegetation or the erection of structures of unsightly appearance. Applications for development permits shall be reviewed by the Planning Commission.
B.
Application. Application shall be made by the property owner or agent on a form prescribed for this purpose by the City.
C.
Accompanying Maps and Drawings Required. A complete application, including maps and drawings, shall be submitted not less than 30 days prior to the meeting of the Planning Commission at which the same shall be considered, and shall indicate the following:
1.
Site plan, drawn to scale, showing the proposed layout of the structures and other improvements on subject property and on adjoining properties.
2.
Landscape plan sketch, drawn to scale, showing the location and design of landscaped area and the variety of plant materials, and other landscape features.
3.
Sketch, drawn to scale, showing the distribution of the height and bulk of proposed structures.
4.
Sketch, drawn to scale, showing elevations of proposed structures as they will appear upon completion with specification of exterior surfacing material and color.
5.
Designation of areas to be computed as usable open space, including balconies, roof decks, patios, and other spaces or areas at grade, as appropriate.
6.
Designation of future general location of "street furniture," such as fire hydrants, poles for traffic signs, utility or telephone installations, etc.
D.
Public Hearing and Notice. Notice of Planning Commission hearing shall be provided to all property owners within 300 feet of the project site not less than 10 days prior to the hearing date for all site plan approval applications subject to the California Environmental Quality Act (CEQA).
E.
Duties and Responsibilities of Planning Commission.
1.
At the Planning Commission meeting at which the site plan is reviewed, the Commission shall approve the drawings or shall advise the applicant of any recommendations for conditional approval, modification, or disapproval.
2.
If the Commission approves the drawings, or if the conditions or modifications recommended by the Commission are acceptable to the applicant, drawings shall be approved in the form recommended by the Commission.
F.
Principles to Be Followed. Areas of aesthetic and site plan consideration shall include, but are not necessarily limited to the following:
1.
Review of buildings or structures for scale, mass, proportion, use of materials, relationship to adjacent elements and relationship to the community as a whole.
2.
Review of proposed exterior color and material application with relationship to adjacent architectural or natural elements.
3.
Review of proposed location, height and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent development or to conceal storage area, utility installations or other unsightly development. The planting of ground cover or other surfacing to prevent dust and erosion. The unnecessary destruction of existing healthy trees and woody vegetation.
4.
Review of location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures, in relation to traffic hazards and the appearance and harmony with the environment.
5.
Review of location, height and material of walls, fences, hedges and screen plantings.
6.
Review of site layout considering the orientation and location of buildings and open spaces in relation to the physical characteristics of the site, the character of the neighborhood, the appearance and harmony of the buildings with adjacent development and the surrounding landscape.
7.
Review of the effect of the site development plan on traffic conditions on abutting streets. The layout of vehicular and pedestrian entrances, exits, drives and walkways. The adequacy of off-street parking facilities to prevent traffic congestion. The location, arrangement, and dimensions of truck loading and unloading facilities. The circulation patterns within the boundaries of the development. The surfacing and lighting of off-street parking facilities.
8.
Review of the effect of the site development plan on the adequacy of storm and surface water drainage.
9.
Review of the location, height, size, wattage, and shielding of outdoor lighting.
10.
Nothing contained herein shall be construed as restricting or curtailing any of the powers of the Planning Commission of the City of Blue Lake.
H.
Conformance to Approval. Development for which site approval has been granted shall conform to the approval and any conditions attached thereto.
§ 17.24.260 Development Standards.
A.
Any single-family home (including a manufactured home) constructed or placed within the City of Blue Lake in accordance with these provisions shall:
B.
The Planning Commission is empowered to allow a single-family home (including a manufactured home) to be constructed or placed within the City of Blue Lake with alternative reasonable development standards substituted for those set forth in this section, 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 compatibility with the neighborhood in which the structure is proposed to be constructed or placed. Application for such substitution of, or exemption from, these development standards shall be made to the Planning Commission, and 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.
(Ord. 544B, 11/26/2024)
§ 17.24.270 Accessory Dwelling Units.
The purpose of this section is to provide a mechanism for allowing accessory dwelling units in certain residentially zoned districts, thereby providing the opportunity for the development of small housing units designed to meet the special housing needs of one-person and two-person households. Furthermore, the purpose of these provisions is to allow the more efficient use of the City's existing stock of dwellings, to provide housing units for family members who are elderly or disabled, to avoid parking problems in residential neighborhoods, and to protect property values and the single-family character of a neighborhood by insuring that accessory dwelling units are developed under such special conditions as may be appropriate to further the purpose of this section. This section implements the provisions of Government Code Sections 65852.1, 65852.150, and 65852.2.
A. "Primary unit" "Accessory dwelling unit"
Definitions. For the purposes of this section, unless otherwise apparent from the context, certain terms used herein are defined as follows:
means the primary existing single-family residential dwelling unit which provides complete independent living facilities for one or more persons.
means an attached or detached residential dwelling unit situated on the same lot as a primary unit, which provides complete independent living facilities for one or more persons.
B.
Special Use Permit Required. A new accessory dwelling unit may be permitted in accordance with Government Code Section 65852.2 subject to a special use permit, and subject to the standards set forth in this section.
C.
Accessory Dwelling Unit Development Standards. The following development standards shall apply to the approval and development of each accessory dwelling unit:
1.
No more than one accessory dwelling unit shall be permitted on any one parcel or lot.
2.
An accessory dwelling unit may only be permitted on a residential lot on which one detached residential primary unit is already built and occupied.
3.
The accessory dwelling unit must be either attached to the primary unit and located within the living area of the primary unit, or detached from the primary unit and located on the same lot as the primary unit. The maximum size limits for attached and detached accessory dwelling units by lot size are shown in Table 1 below.
Table 1 Maximum Accessory Dwelling Unit (ADU) Size | |||
|---|---|---|---|
Lot Size | ADU Type | Setbacks | |
Attached | Detached | ||
6,000-7,999 s.f. | 30%* or 640 s.f.; whichever is less | 640 s.f. | Same as Zone |
8,000-9,999 s.f. | 30%* or 750 s.f.; whichever is less | 750 s.f. | F-20′/S-6′/R-22′ |
>10,000 s.f. | 30%* or 900 s.f.; whichever is less | 900 s.f. | F-25′/S-10′/R-25′ |
Notes: | |
|---|---|
* | Percentage of the floor area of the existing living area of the primary unit. |
4.
Accessory dwelling units may not be permitted on residential lots already having two or more dwelling units located thereon.
5.
The accessory dwelling unit shall comply with and be subject to all the development standards of the zone in which it is located, including, but not limited to, parking, height, setbacks, yards, and lot coverage, except as otherwise herein provided.
6.
One off-street parking space shall be required for the accessory dwelling unit in addition to any offstreet parking spaces required for the primary unit as provided by this title, as amended from time to time.
7.
The accessory dwelling unit shall not be constructed so as to cause the primary unit to conflict with development standards applicable to the zone in which it is located.
8.
Code compliance shall be as follows:
a.
Minimum housing code compliance shall be required for the primary unit.
b.
The accessory dwelling unit shall comply with all provisions of Blue Lake building regulation ordinances in effect at the time of approval of the special use permit, including but not limited to all uniform codes adopted by reference.
c.
Products of combustion detectors shall be required for each primary and accessory dwelling unit.
9.
If a separate entrance is provided for the accessory dwelling unit, it shall be subordinate to the main entrance of the primary unit.
10.
The minimum lot size of the lot on which the accessory dwelling unit may be built shall be 6,000 square feet. The lot shall have a minimum width of 50 feet and minimum depth of 80 feet.
11.
Either the primary unit or the accessory dwelling unit must be occupied as a principal residence of the property owner. If the owner occupancy requirement is not complied with, the following shall occur: (a) the special use permit approved for the accessory dwelling shall be revoked; (b) the kitchen shall be removed from the accessory dwelling unit; and (c) the accessory dwelling unit shall not be rented as a separate independent living unit from the primary unit.
12.
The accessory dwelling unit shall be metered separately from the primary unit for gas, electricity, and water services.
13.
An accessory dwelling unit shall not be permitted for lots on which the primary unit is a manufactured home, and no accessory dwelling unit shall be a manufactured home.
14.
Prior to the issuance of a building permit for an accessory dwelling unit, a deed restriction to run with the land, in a form satisfactory to the City Attorney, shall be recorded with the County Recorder to evidence and give notice of the requirements of this section.
D.
Findings Required. No special use permit for an accessory dwelling unit may be approved unless the City Planner first makes the following findings:
1.
The accessory dwelling unit is compatible with the design of the main unit and the surrounding neighborhood in terms of landscaping, scale, height, length, width, bulk, lot coverage, and exterior treatment, and will not cause excessive noise, traffic, or other disturbances to the existing neighborhood or result in significantly adverse impacts on public services and resources.
2.
The accessory dwelling unit will not tend to change the character or cause a concentration of such units sufficient to change the characteristic of the residential neighborhood in which it is located.
E.
Environment. The approval of an accessory dwelling unit as provided by this section shall be exempt from the provisions of the California Environmental Quality Act.
F.
Existing Accessory Dwelling Units. This section shall in no way validate any existing illegal accessory dwelling unit. An application for a special use permit may be made pursuant to the provisions of this section to convert an illegal accessory dwelling unit to a conforming legal accessory dwelling unit, and the standards and requirements for the conversion shall be the same as for a newly proposed accessory dwelling unit.
G.
Limitation. Any single-family dwelling (primary unit) constructed after October 26, 1989, the effective date of this section, shall be ineligible for an accessory dwelling unit within the first five years after issuance of a certificate of occupancy for such primary unit.
H.
Consistency With General Plan. Any accessory dwelling unit for which a special use permit is issued pursuant to this section shall be deemed not to exceed the allowable density for the lot or parcel on which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designation for the lot pursuant to Government Code Section 65852.2.
I.
Parcel Map Waiver. For any accessory dwelling unit for which a special use permit is issued pursuant to this section, the requirement of a parcel map is hereby waived pursuant to Government Code Section 66428.
J.
Procedure. A special use permit for accessory dwelling units pursuant to this section shall not be subject to the procedures set forth in Section 17.28.030, but instead shall be subject to the following procedures:
1.
Application for a special use permit shall be filed at City Hall or the office of the City Planner upon a form provided, and shall be accompanied by such information as may be required to describe fully the proposed use for which the permit is sought. Fees must be paid in advance according to the City's current master fee schedule.
2.
The application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site.
3.
The City Planner may issue a special use permit without a public hearing if the Planner finds from the application that the use complies with the requirements of this section.
4.
The granting of the special use permit may be made subject to terms and conditions attached thereto and made a part thereof.
5.
The action of the City Planner shall be in writing and shall be filed with the City Clerk as soon as practicable following the taking of the action.
7.
If a decision of the City Planner denying a special use permit is reversed on appeal, or a decision granting a special use permit is modified on appeal, the body deciding the appeal on the basis of the record transmitted by the City Clerk and such additional evidence as may be submitted, shall make the findings requisite to the granting of such special use permit.
8.
A special use 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 special use permit application.
§ 17.24.280 Noise Standards.
The purpose of this section is to provide standards for noise that are intended to protect the community health, safety, and general welfare by limiting exposure to the unhealthful effects of noise.
A.
Applicability. No use, activity, or process shall exceed the maximum allowable noise levels established by this section except for the following noise sources:
1.
Activity conducted for public health and safety purposes which may include noise generated by construction, maintenance, and/or repair activities by public agencies and/or utility companies that serve the public interest and/or protect the public health, safety, and welfare.
2.
Emergency operations which may include noise generated by public safety warning devices (e.g., police, fire, and ambulance sirens), sound for alerting the public to the existence of an emergency (e.g., fire, flood, dam failure, etc.), and authorized emergency work needed to protect public health and safety.
3.
Solid waste collection noise generated by solid waste collection activities conducted by the City's contracted waste collection provider between the hours of 7:00 a.m. and 7:00 p.m.
4.
State or Federal preempted activities.
5.
Authorized Activities at Parks. Noise generated outside of community quiet hours by authorized recreational activities and programs conducted in parks owned and operated by a public entity.
6.
Outdoor Events. Noise generated outside of community quiet hours by outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are conducted pursuant to and in compliance with a discretionary license or permit issued by the City.
7.
Generator Use for Medical Equipment. Noise from generator use during a power outage for medical equipment or other similar life-sustaining devices.
8.
Routine Maintenance of Property. Noise from routine maintenance of property (e.g., landscaping, repairs, etc.) conducted outside of community quiet hours, defined in subsection (B)(2).
9.
Construction Activity. Noise generated by construction activities, when conducted in compliance with the following requirements:
a.
Construction activity shall be limited to the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturdays.
b.
No heavy equipment related construction activities (e.g., demolition, grading, pile-driving, paving, etc.) shall be allowed on Sundays or holidays.
c.
All required permits or other approvals have been issued for the construction.
B. "Ambient noise level" "Community quiet hours"a. b. c. d. e. f. g. "Decibel" or "dB" "Holiday" "Impulsive noise" "Leq" "Noise" "Noise level" "Noise sensitive land uses" "Sound" "Sound level meter" "Sound pressure level"
Definitions.
means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
means the following periods of time:
Each Sunday beginning at 11:00 p.m. to the following Monday at 8:00 a.m.
Each Monday beginning at 11:00 p.m. to the following Tuesday at 8:00 a.m.
Each Tuesday beginning at 11:00 p.m. to the following Wednesday at 8:00 a.m.
Each Wednesday beginning at 11:00 p.m. to the following Thursday at 8:00 a.m.
Each Thursday beginning at 11:00 p.m. to the following Friday at 8:00 a.m.
Each Friday beginning at 11:59 p.m. to the following Friday at 9:00 a.m.
Each Saturday beginning at 11:59 p.m. to the following Sunday at 9:00 a.m.
means a standard unit of acoustic measurement that has a zero-reference of two ten-thousandths (0.0002) microbar.
means and includes New Year's Day (January 1), Martin Luther King Jr. Day (the third Monday in January), Washington's Birthday (the third Monday in February), Cesar Chavez Day (March 31), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), California Admission Day (September 9), Native American Day (the fourth Friday in September), Indigenous People's Day (the second Monday in October), Veteran's Day (November 11), Thanksgiving Day (the fourth Thursday in November), and Christmas Day (December 25).
means a noise characterized by brief excursions of sound pressures whose peak levels are very much greater than the ambient noise level, such as might be produced by the impact of a pile driver, punch press or a drop hammer, typically with one second or less duration.
means the equivalent continuous sound level in decibels, equivalent to the total sound energy measured over a stated period of time.
means and includes excessive undesirable sound, including that produced by persons, pets and livestock, industrial equipment, construction, motor vehicles, boats, aircraft, home appliances, electric motors, combustion engines, and any other noise-producing objects.
means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micropascals. The unit of measurement shall be designated as dBA.
include uses such as dwellings, transient lodging, hospitals, extended care, meeting facilities, auditoriums, theaters, libraries, schools, and similar uses.
means an oscillation in pressure, partial velocity or other physical parameter in a medium with internal forces that cause compression and rarefaction of the medium.
means an instrument that meets or exceeds American National Standard Institute's Standard S1.4-1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
means a sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.2-1962 and 51.13-1921; that is, 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be 0.0002 dynes per square centimeter.
C.
Noise Standards.
1.
Unreasonable Noise Prohibited. No person shall allow or cause the generation of any noise of a type, volume, pitch, repetition, or duration that would be found to be a nuisance beyond the boundaries of the property where the noise is generated.
The characteristics and conditions which should be considered in determining whether a violation of this section exists should include, but not be limited to the following:
a.
The level of the noise.
b.
Whether the nature of the noise is usual or unusual.
c.
Whether the origin of the noise is natural or unnatural.
d.
The level of the ambient noise.
e.
The proximity of the noise to sleeping facilities.
f.
The nature and zoning of the area from which the noise emanates and the area where it is received.
g.
The time of day or night the noise occurs.
h.
The duration of the noise.
i.
Whether the noise is recurrent, intermittent, or constant.
2.
Community Quiet Hours. No loud, disturbing, or unreasonable noise shall be generated during the designated community quiet hours (defined in subsection (B)(2), above). The following acts, among others, are declared to be loud, disturbing, and unreasonable noises and noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:
a.
Blowing Horns or Signaling Devices. The sounding or blowing of any horn or signal device on any automobile, truck, bus, motorcycle or other vehicle while not in motion, except as a danger signal if another vehicle is approaching, apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time.
b.
Radios, Sound Systems, Musical Instruments, Etc. The playing of any radio, sound system, or any other musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in the vicinity.
c.
Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or singing on the public streets or at any place so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity.
d.
Pets. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of persons in the vicinity.
e.
Use of Vehicles. The use of any automobile, truck, bus, motorcycle or other vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
f.
Use of Tools or Equipment. The use of any tools or equipment for landscaping, maintenance, repairs, etc. in such a manner as to disturb the comfort or repose of persons in the vicinity.
g.
Loading and Unloading Operations. The creations of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
3.
Maximum Allowable Noise Level by Receiving Sensitive Land Use. No use, activity, or process within the City shall generate noise in excess of the levels identified in the following table at receiving sensitive land uses.
Table 1 - Maximum Allowable Noise Level by Receiving Land Use | ||||||
|---|---|---|---|---|---|---|
Noise Level Descriptor | Maximum Exterior Noise Level | Maximum Interior Noise Level | ||||
7 am–7 pm | 7–10 pm | 10 pm–7 am | 7 am–7 pm | 7–10 pm | 7–10 pm | |
Dwellings, Transient Lodging, Hospitals, Extended Care, and Similar Uses | ||||||
Hourly Leq | 55 dBA | 50 dBA | 45 dBA | 45 dBA | 40 dBA | 35 dBA |
Meeting Facilities, Auditoriums, Theaters, Libraries, Schools, and Similar Uses | ||||||
Hourly Leq | 55 dBA | 55 dBA | n/a | 40 dBA | 40 dBA | n/a |
a.
Compliance with the exterior noise level standards shall be measured at the property line of a noise sensitive land use receiving the noise. Noise measurement shall be made with a sound level meter using the 'A' weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise.
b.
If the measured ambient noise level exceeds the applicable noise level standard in any category shown in the tables, the applicable standards shall be adjusted to equal the ambient noise level.
c.
If the noise source being evaluated is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards identified in the tables.
4.
Standards for New Sensitive Receptors. In elevated noise environments (e.g., near industrial operations or major roadways), new noise sensitive land uses shall be required to conduct exterior and interior noise analysis to ensure future occupants are not subject to noise levels in excess of the standards in Table 1. If it is determined that the noise level standards in Table 1 will be exceeded, effective noise mitigation measures shall be incorporated into the project design. In zones that allow a mixture of residential and commercial or light industrial uses, it is recommended that residential structures be designed to provide an hourly Leq noise level of 35 dBA in the interior living spaces.
5.
Point sources of noise (e.g., compressors, generators, etc.) shall be located within an enclosure or attenuated with another equally effective method.
6.
Vehicles and equipment used outdoors on a consistent basis shall not utilize back-up alarms which are audible at any residential property, unless required by CalOSHA or other governmental regulatory agency for the safety of employees or the public. This does not apply to delivery trucks, service vehicles, or equipment that are operated in City limits on an intermittent basis. If required by CalOSHA or other governmental regulatory agency, the required back-up alarm device or approved safety method shall be selected which has the least noise impact on surrounding residential properties and still allows for the reasonable operation of the business. Any business required by CalOSHA to use back-up alarms shall provide documentation to the City of this determination.
D.
Waiver of Noise Standards.
1.
The City Manager, in coordination with other City staff (e.g., City Planner, Public Works, etc.), may waive the requirements set forth in subsections A and C of this section for certain short-term, temporary, or intermittent activities upon showing of good cause. Any waiver issued pursuant to this section has no bearing on the requirements of any other regulatory agency. Activities for which a waiver may be issued include, but are not limited to, construction activity, special events conducted outdoors, and indoor music events. The criteria for determining whether good cause exists for such waiver shall include the following:
a.
Weather limitations.
b.
Permitting or regulatory limitations imposed by federal, state, or local agencies.
c.
Timelines imposed by grants or other funding sources.
d.
Events proposed to occur on holidays that typically involve celebrations (e.g., New Years, Fourth of July, etc.).
e.
Special events (indoors or outdoors) that would only occur once annually.
In no event shall a waiver be issued for activities that would occur between the hours of 2:00 a.m. and 6:00 a.m.
2.
Prior to a waiver determination being issued by the City Manager, notification shall be provided to all property owners within 300 feet of the proposed activity at least 10 days prior to filing of the waiver determination with the City Clerk. The notification shall also be posted in three public places of the City of Blue Lake, including one public place in the area directly affected by the proposed activity. The notification shall describe the proposed activity, the dates and times that the activity will be conducted, and the reasoning for issuing the waiver determination. The waiver determination action shall be final 10 days following filing with the City Clerk, unless an appeal is taken pursuant to subsection (D)(3) of this section.
E.
Nuisance Declaration. The City Council hereby declares that any use, activity, or process within the City in violation of this section or hereby declared to be a public nuisance and may be abated in accordance with law.
(Ord. 540 § 1, 2021)