Lakeport City Zoning Code
CHAPTER 17
24 USE PERMITS
§ 17.24.010 Purpose.
The purpose of the use permit is to ensure the proper integration of land uses which, because of their special nature and/or potential for becoming a nuisance, may be suitable only in certain locations or zoning districts, and then only when such uses can be controlled, operated, or designed in a particular manner so that they are compatible with uses on adjoining properties and in the surrounding area.
(Ord. 796 Att. A(part), 1999)
§ 17.24.020 Authority to grant use permits.
The planning commission may approve, conditionally approve, or disapprove applications for a use permit subject to the general purposes of this title, the specific purposes of the base or combining zoning district in which a development site is located, and the provisions of this chapter. The planning commission may impose requirements and conditions with respect to location, siting, construction, maintenance, operation, duration, and any other aspect of the use as may be deemed necessary for the protection of adjacent properties and uses and the public's health and safety. The granting of a use permit shall not exempt the applicant from complying with the requirements of the city's building codes, other requirements of this ordinance, and other applicable city, state, or federal requirements.
(Ord. 796 Att. A(part), 1999)
§ 17.24.030 Application.
An application for a use permit shall be filed in a manner consistent with the requirements contained in Chapter 17.29. Upon receipt in proper form of a complete use permit application, a public hearing date shall be set and notice of the hearing given in a manner consistent with Chapter 17.29.
(Ord. 796 Att. A(part), 1999)
§ 17.24.040 Findings.
Following a public hearing, the commission shall record the decision in writing and adopt the findings upon which such decision is based. The commission may approve and/or modify a use permit application in whole or in part, with or without conditions, when the following findings are made:
A.
That the proposed location and use is consistent with the objectives of this ordinance and the purposes of the district in which the site is located; and
B.
That the proposed location of the use and proposed conditions under which it would be operated or maintained will be consistent with the general plan; will not be detrimental to the health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city; and
C.
That the proposed use will comply with the provisions of this title.
(Ord. 796 Att. A(part), 1999)
§ 17.24.050 Use of property before final decision.
No development permit shall be issued for any use involved in an application for approval of a use permit until, and unless, the same has become final. No activity subject to approval of a use permit shall be initiated prior to decision by the planning commission.
(Ord. 796 Att. A(part), 1999)
§ 17.24.060 Use permit expiration.
A use permit shall be exercised within one year from the date of approval or the use permit shall become null and void.
(Ord. 796 Att. A(part), 1999)
§ 17.24.070 Time extension.
The commission may, upon an application prior to expiration and for good cause, grant a time extension not to exceed one year. Upon granting of an extension, the commission shall ensure that the use permit complies with all code provisions.
(Ord. 796 Att. A(part), 1999)
§ 17.24.080 Revocation and modification.
The commission may hold a hearing to revoke or modify a use permit granted pursuant to the provisions of this chapter. Ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such use permit is granted.
A use permit may be revoked or modified by the commission if any one of the following findings can be made:
A.
That circumstances have changed so that one or more of the findings contained in Section 17.24.040 can no longer be made.
B.
That the use permit was obtained by misrepresentation or fraud.
C.
That the use for which the use permit was granted had ceased or was suspended for six or more consecutive calendar months.
D.
That one or more of the conditions of the use permit have not been met.
E.
That the use is in violation of any statute, ordinance, law, or regulation.
F.
That the use permitted by the use permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.
(Ord. 796 Att. A(part), 1999)
§ 17.24.090 Use permit to run with the land.
A use permit granted pursuant to the provisions of this chapter shall continue to be valid upon a change of ownership of the site, business, or structure provided the use remains the same and is not discontinued for six or more consecutive calendar months. The new owners or operators shall assume responsibility for compliance with conditions of approval by transferring the use permit.
(Ord. 796 Att. A(part), 1999)
§ 17.24.100 Periodic review.
The commission may conduct periodic reviews of previously granted use permits. The review may be noted as a condition of approval or conducted upon a determination of necessity by the commission. Notice of the commission's intent to review a use permit shall be mailed to the applicant and/or land owner of the property for which a use permit was granted at least ten days in advance. Upon review of the facts, the planning commission may reapprove, revoke, or modify the use permit in accordance with Section 17.24.080.
(Ord. 796 Att. A(part), 1999)
§ 17.24.110 Development standards and guidelines.
Specific land uses in each of the city's zoning districts are subject to the issuance of a. use permit. The following development standards and design guidelines shall be complied with in the development and operation of some of the following land uses:
A.
Mixed use–Residential in conjunction with commercial or office use:
1.
The residential use shall be initiated concurrently or subsequent to the construction of a commercial or office building and shall be an accessory use to the principle commercial or office building or use in terms of its appearance, duration, and size. No residential activity shall be permitted prior to the development of the commercial use.
2.
The residential use in a commercial or office zoning district shall generally be developed in such a way so as to appear to be non-existent or secondary to the primary commercial use.
3.
The residential use in a commercial zoning district must be provided with some useable private open space in the form of an enclosed yard and a deck, balcony, or similar outdoor living area.
4.
The residential use must be provided with a separate pedestrian access than that provided for the commercial use. This separate access shall be provided in a location that makes it secondary in nature. If it is impossible to provide for a secondary access, the internal access to the residential use shall be designed so as to minimize impact on the commercial activity.
5.
The construction and operation of the residential use shall comply with the requirements of the currently adopted California Building Standards Code as referenced in Section 15.04.010. The commission may require conditions in the approval of the project in order to protect the health, safety, and welfare of the commercial and residential occupants of the subject building and adjacent structures.
6.
One off-street parking space shall be provided for the residential use in addition to the requirements of the commercial use.
7.
The owners of a proposed residential use shall be required to submit a floor plan and occupant load information to the community development and fire departments along with the use permit application. In addition, the units shall be inspected on an annual basis with a fee paid to the city for inspection services. The intent of said inspection is to ensure compliance with the fire and life safety requirements of the city. In the event that there is a residential use in a commercial zoning district which fails to comply with the basic health, safety, and welfare provisions as required by this code, the planning commission may, after a hearing, revoke the use permit and disallow the residential use in the commercial zoning district.
B.
Bed and breakfast inns in residential and commercial zoning districts shall be developed in conformance with the following requirements:
1.
Bed and breakfast inns shall maintain an up-to-date guest registry.
2.
Bed and breakfast inns shall be managed with a full-time attendant who occupies a room in the inn or a detached room on the premises. The planning commission may allow, on a case-by-case basis, an off-site manager.
3.
The maximum stay for overnight guests in a bed and breakfast inn shall be fourteen consecutive nights.
4.
The maximum number of guest bedrooms in a bed and breakfast inn shall be five, with a maximum total of twenty overnight guests occupying the inn at any one time. No more than four overnight guests shall occupy a guest room. A greater number of guest bedrooms, and a higher number of maximum overnight guests occupying the inn at any one time, may be approved by the planning commission on a case-by-case basis taking into consideration parcel size, building design, floor plan layout, carrying capacity of the site, and impact on neighboring properties and the character of the neighborhood.
5.
Bed and breakfast inns shall be limited to one building-mounted or free-standing sign with a maximum area of eight square feet per side and a maximum area of sixteen square feet for both sides.
6.
Fire and safety improvements shall be required per the currently adopted California Building Standards Code as referenced in Section 15.04.010 based upon the intensity of use and construction materials used in each bed and breakfast inn. All bed and breakfast inns shall install approved smoke detectors and fire extinguishers, where required, and shall provide an evacuation plan in each guest room. Other improvements that may be required include a fully automatic fire detection system, a fire sprinkler system, fire escapes, and other facilities as determined by the planning commission upon recommendation of the fire department or the building official.
7.
Accessory structures shall not be used for bed and breakfast inn rental rooms.
8.
No cooking facilities shall be permitted in guest rooms. Food service for bed and breakfast inns that do not offer food service and catering approved under the provisions of Section 17.24.110(C) shall be limited to registered overnight guests only.
9.
One parking space per guest room plus two for the resident family or manager shall be developed on-site or within close proximity of the bed and breakfast inn pursuant to a parking plan approved by the planning commission. At least one parking space shall be handicapped-accessible.
10.
The minimum land area for a bed and breakfast inn shall be ten thousand square feet unless a smaller parcel is approved by the planning commission.
11.
Landscaping shall be provided to preserve the appearance of the residential character of the neighborhood. A landscaped buffer strip or fence for visual screening shall be provided on all sides abutting residential uses.
12.
The bed and breakfast inn building shall be of a design that is compatible with the surrounding residential area.
13.
The bed and breakfast inn property shall front on and be served by an existing publicly maintained road.
C.
Bed and Breakfast Inns with Food Service and Catering. Bed and breakfast inns located in R-3, R-5, and commercial zoning districts may offer food service and food catering subject to the issuance of a use permit and conformance with the following standards:
1.
A bed and breakfast inn which intends to offer food service and catering shall have a valid use permit for the inn operation.
2.
The bed and breakfast/food service/food catering operation shall have a county health department caterers/restaurant permit prior to offering food for sale. A copy of said permit shall be submitted to the community development department.
3.
Adequate vehicle parking for both the bed and breakfast inn operation and the food service/food catering operation shall be provided either on-site or in the vicinity of the use pursuant to the approval of a parking plan by the planning commission. At least one parking space shall be handicapped-accessible.
4.
The bed and breakfast inn with food service and catering facilities shall be compatible with the surrounding area in terms of land use.
5.
The bed and breakfast inn/food service/catering operation shall be limited to eight events per month, with a maximum event occupancy load determined by the planning commission on a case-by-case basis using parcel and building size as a determining factor in establishing the carrying capacity.
6.
The bed and breakfast inn/food service/catering operator shall obtain all required alcoholic beverage control licenses prior to commencing said use and shall submit a copy of said licenses to the city.
D.
Rooming and boarding houses shall be developed in conformance with the following requirements:
1.
Rooming and boarding houses shall maintain an up-to-date tenant registry.
2.
Rooming and boarding houses shall be managed with a full-time attendant.
3.
The maximum stay for rooming and boarding house tenants shall be thirty consecutive nights.
4.
The maximum number of bedrooms in a rooming and boarding house shall be determined based on building size and function.
5.
Rooming and boarding houses shall be limited to one building-mounted or free-standing sign with a maximum area of eight square feet per side and a maximum area of sixteen square feet for both sides.
6.
Fire and safety improvements shall be required per the currently adopted California Building Standards Code as referenced in Section 15.04.010. All rooming and boarding houses shall install approved smoke detectors and fire extinguishers, where required, and shall provide an evacuation plan in each tenant room. Other improvements that may be required include a fully automatic fire detection system, a fire sprinkler system, fire escapes, and other facilities as determined by the planning commission upon recommendation of the fire department or the building official.
7.
Accessory structures shall not be used for rooming and boarding houses' rental rooms.
8.
No cooking facilities shall be permitted in rooms.
9.
The minimum land area for a rooming and boarding house shall be ten thousand square feet unless a smaller parcel is approved by the planning commission.
10.
The rooming and boarding house building shall be of a design that is compatible with the surrounding residential area.
E.
Short term rental of residences to transient guests (vacation home):
1.
As provided in Section 3.20.020(A) of this code, any residential structure, or any portion of any residential structure which is to be occupied by transient persons for dwelling, lodging, or sleeping purposes shall be subject to the following standards. Section 3.20.020(G) defines a transient as any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Section 3.20.020(E) of this code defines the term rent, as it applies to transient occupancies, as the consideration charged, whether or not received, for the occupancy of space in a hotel, valued in money, whether to be received in money, goods, labor, or otherwise.
2.
The establishment, continued operation, or practice of renting dwellings within the city to transient guests on a short term basis shall be subject to the approval of a use permit by the Lakeport planning commission and the following criteria:
a.
The use and operation of a short-term vacation rental home shall not result in any activity or behavior which impacts the character of the adjacent area or adjoining residences in a negative way. Specifically, the operation of a short-term vacation home shall not create obnoxious noise, raucous activity or behavior, parking or traffic impacts, visual or lighting problems, or any other problem that would interfere with the right of neighboring property owners or residents to the peaceful enjoyment of their property. Rentals of homes specifically for parties, weddings, dances, or for similar gatherings are not permitted. The short term rental of residences to transient guests shall be strictly for residential purposes.
d.
The owner/operator of the vacation home rental shall post a notice within the vacation home and provide a handout to guests at the time of check-in which shall read:
The owners of this home and the city of Lakeport welcome you to our town. We sincerely hope that you and your family enjoy your stay and return again soon. This home has been approved by the City for use as a vacation home rental. Because it is located in a residential area we ask that you and your family maintain a quiet and peaceful atmosphere. There are adjacent neighbors who live here full time and would appreciate your consideration. Your cooperation is appreciated. |
e.
There shall be no placement of signs on the premises advertising the vacation rental property.
f.
Transient guests shall be encouraged to park their vehicles, boat trailers, etc. off city streets and on the site of the vacation home rental.
g.
The use permit shall be reviewed by the planning commission as necessary to determine compliance with conditions and may be revoked for non compliance.
F.
Large Family Day Care.
1.
A use permit is required for family day care homes and nursery schools providing family day care to nine or more individuals, including licensee's and assistant's children under twelve years of age.
2.
All outdoor play or exercise areas are to be enclosed with fencing a minimum of four feet high (three feet in front yard areas). Fencing six feet in height shall be provided on property lines abutting or adjoining residential uses.
3.
Hours of operation shall be between seven a.m. and nine p.m. daily. Hours may be extended upon approval of the planning commission.
4.
Parking and Loading. A minimum of two on-site parking spaces shall be reserved for the use of dropping off and picking up of individuals. These spaces shall be in addition to the normal parking requirements of the residential use. The drop-off area should be on a driveway with a loop, or an on-site turn around area should be provided. Applications may be denied if a looped driveway or on-site turn-around is not provided, and if the planning commission determines the site of the proposal would therefore be detrimental to the public's safety.
5.
Fire Safety Requirements. A minimum of one fire extinguisher and one smoke detector shall be maintained in good working order on the premises. These devices shall meet the standards of the State Fire Marshal and the Lakeport fire department. The use shall comply with the standards of the currently adopted California Building Standards Code as referenced in Section 15.04.010 as to the number of exits, and areas devoted to the use shall be constructed in compliance with the specifications of the Lakeport fire department as to the floor or floors on which the day care is to be provided.
G.
Marinas.
1.
A marina located in commercial or resort residential zoning districts may provide berthage by rental, lease, or other arrangement, incidental or accessory retail sales of food, fuel, drinks, clothing, fishing or boating supplies; and sales, rental, operating instruction, maintenance or repair services for boats or accessory equipment. A marina located in any other zoning district shall only provide private berthage facilities.
2.
Off-street parking shall be supplied at the ratio of one-half parking space for each berth, and marinas with boat ramps or hoists shall provide boat trailer parking at the ratio of one-half space per parking space required under this section.
3.
Facilities for the storage and the sale of marine-related fuel, paint, or other flammable materials shall be approved by the Lakeport fire department. Fuel pumps shall be grounded and shall meet current fire protection standards. Fuel storage facilities shall meet state and county standards.
H.
Mobilehome Parks. Unless otherwise regulated by the state of California, mobilehome parks located in the R-3 high density residential zoning district shall conform to the following minimum standards:
1.
Minimum Site Area. One acre.
2.
Maximum Density. Ten spaces per acre. No more than one single-family mobilehome may be placed in a defined space. No travel trailer, camper, or recreational vehicle shall be allowed on any approved mobilehome space.
5.
Maximum Lot Coverage. Mobilehomes and accessory structures shall not cover more than sixty-five percent of the park area.
6.
Minimum Yards. Minimum yard setbacks for individual spaces shall be five feet on all sides, except for any side or rear yard abutting the project property line, in which case the minimum yard setback shall be ten feet.
7.
Projection into Yard. The following structures may be erected or project into any required yard setback:
a.
Eaves, stairways, and awnings not to exceed one foot of encroachment.
b.
Landscape elements including trees, shrubs, and other plants provided that such landscape feature does not hinder the movement of the mobilehome in or out of its space or detrimentally impact adjacent on-site parking.
c.
Mobilehome tongue or hitch.
d.
Necessary appurtenances for utility services.
8.
Skirting. Spaces beneath mobilehomes shall be enclosed with skirts or by a combination of skirts, decks, and grading with ventilation and access in accordance with state law.
9.
Perimeter Fencing. A six-foot-high solid fence of masonry, wood, or other fencing or screening material as approved by the planning commission shall be provided around the perimeter of all developed areas of the mobilehome park; except that the planning commission may waive fencing along sides that front the water.
10.
Buffer Strip. There shall be a twenty foot open space landscaped buffer strip along all streets or roadways adjoining the park. No mobilehome or parking spaces shall be placed in the buffer strip. The buffer strip shall be located along the street side of any perimeter park fencing required.
11.
Recreation Area.
a.
Fifteen percent of park area shall be devoted to recreational areas and facilities, excluding any buffer strip. Use of such facilities shall be limited to park residents. All recreational areas and facilities shall be completed prior to park occupancy, except as approved by the planning commission in a phasing program.
b.
No recreation area shall be less than three thousand square feet in area, and total recreation area for any park shall not be less than six thousand square feet in area.
c.
All recreation areas shall be landscaped or planted with lawn and be included in the landscape plan submitted in conjunction with the use permit application (see subsection (G)(16) of this section).
12.
Access.
a.
All streets shall be designed by a registered civil engineer and paved with asphaltic concrete to not less than twenty-four feet in width.
b.
All cul-de-sac bulbs shall have a minimum outside turning radius of thirty feet.
c.
All corners shall have a minimum fifteen foot radii.
d.
Curbs and gutters may be installed on both sides of the streets, including roll curbs and gutters, as required by the planning commission, and the commission may approve alternatives in cases of extreme topography or low-density developments.
e.
All streets shall be illuminated pursuant to Title 25 of the State Building Code.
f.
Each space shall front on an access street.
g.
Stop signs shall be provided at all public street intersections.
h.
Circulation. All mobilehome park developments shall compliment adjoining, existing, or contemplated vehicle circulation patterns described in the transportation element of the general plan. All mobilehome park developments may be required to dedicate land adjoining public roads to the city for road widening purposes. Improvements of the same to city standards may be required by the planning commission to offset the burden placed on the public by the estimated generation of new traffic.
13.
Utilities. All utility distribution facilities shall be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other necessary appurtenant structures may be placed above ground. Water and sewer distribution facilities shall be installed in conformance with applicable utility specifications. All mobilehome spaces must be served with individual water, sewer, electricity, telephone, and cable lines.
14.
Antennas. Individual overhead television antennas, radio antennas, and satellite receivers shall not be permitted. A single community antenna or satellite receiver with underground connections, and/or underground cable television shall be provided. This subsection shall not be interpreted to prohibit "CB" or "ham radio" antennas.
15.
Trash Storage. Centralized refuse and trash storage area(s) shall be provided and be readily accessible to all mobilehome spaces. Trash storage areas shall be concealed from any public and private street and enclosed by a six foot solid wall or fence.
16.
Landscaping. All mobilehome parks shall have the following:
a.
A landscape plan for open space/buffer and recreational areas.
c.
Location, name, and size of all existing trees and shrubs that are to be incorporated as part of the landscape plan.
d.
Irrigation facilities adequate to maintain plant materials at all times. Use of automatic watering systems is encouraged to facilitate maintenance. Hose bibs shall be located within serviceable proximity to every planter where fixed and/or automatic water systems are not employed.
e.
A continuous landscape maintenance program shall be provided by the mobilehome park developer. The program shall include repair or replacement as needed for the life of the park.
f.
All approved landscaping shall be installed or financial assurance provided to the community development department in an amount sufficient to fund the total cost of the required landscaping prior to initial residential occupancy.
17.
Accessory Uses. Accessory uses serving park residents and which shall not be available for use by the general public, including: coin-operated machines for laundry, soft drinks, and similar uses provided that such uses shall be located inside the park and shall not occupy more than five hundred square feet of area for each fifty mobilehomes.
18.
General Provisions.
a.
The owner or operator of a mobilehome park shall be responsible for maintaining compliance with all city, county, state, and other pertinent laws and regulations pertaining to the use, operation, and maintenance of such mobilehome park. Nothing contained in this section shall be construed to abrogate, void, or minimize any other pertinent regulations.
b.
The owner operator shall have a resident manager on duty at all times who shall be responsible for such compliance in the absence of the owner or operator.
c.
It shall be the responsibility of the park owner to ensure that the common landscaped areas are well-kept and maintained.
I.
Campgrounds shall conform to the following standards:
1.
Minimum Site Area. One net acre.
2.
Maximum Density. Twelve campsites per acre.
3.
Parking Space. One parking space shall be provided for each campsite. Seventy percent of all spaces shall be designed to accommodate both a car and a recreational vehicle. Parking spaces shall not be located closer than forty feet apart.
4.
Access. Each campsite shall abut and have direct access to a roadway surfaced with asphaltic concrete or a chip seal surfacing.
5.
Setbacks. All campsites or structures, except entry booths within a campground, shall be at least forty feet from the right-of-way of public roadway and at least twenty feet from an interior property line.
6.
Recreational Facilities. Any recreational facilities constructed as part of a campground shall be limited to the use of campground residents unless approved as a resort by use permit.
7.
Restroom Facilities. Restroom and shower facilities shall be provided in accordance with the currently adopted California Building Standards Code as referenced in Section 15.04.010.
8.
Each space shall be provided with a space number of at least three inches in height.
J.
Recreational vehicle parks shall conform to the following standards:
1.
Maximum Site Area. One acre.
2.
Maximum Density. Twelve spaces per acre.
3.
Space Area/Width. The minimum space area shall be one thousand eight hundred square feet. The minimum space width shall be thirty feet.
4.
Setbacks. Recreation vehicles shall be located a minimum of five feet from any side space line and ten feet from any rear space line or property line.
5.
Buffer Strip. A minimum twenty foot open space landscaped buffer strip shall be provided along all streets or roadways adjoining the park. No mobilehome or parking spaces shall encroach in the buffer strip. A minimum ten foot buffer strip shall be provided along all interior property lines.
6.
Recreation Area. Fifteen percent of the park shall be devoted to recreational areas and facilities, excluding any buffer strip. This area may be reduced to ten percent of the park area for parcels fronting on the lake.
7.
Road Design. The maximum grade on all roadways shall be fifteen percent.
8.
Access. Main access to a recreational vehicle space shall be by means of a twenty-five foot minimum paved access road with four-foot shoulders. The road shall be constructed to city standards.
9.
Restroom Facilities. Restroom and shower facilities shall be provided in accordance with the currently adopted California Building Standards Code as referenced in Section 15.04.010.
10.
Parking Standards.
a.
At least one off-street parking space shall be provided with each RV space. In addition, guest parking shall be provided at the rate of one-half additional space per RV space or campsite. Guest parking may be located in a centralized area(s) or on or adjacent to each RV space or campsite. Parking areas shall be screened from roads, activity areas, and adjoining property whenever possible. A minimum of two tandem parking spaces shall be provided at the park entrance to permit parking for persons registering for the campground.
b.
Improvements to a city road may be required along the frontage of the project. Off-site improvements may be required to provide a safe and adequate access.
11.
Numbering. Spaces shall be numbered with numbers at least three inches in height provided for each RV space.
12.
Commercial Uses. A recreational vehicle park may contain commercial uses which are for the convenience of campers, subject to a use permit.
13.
Manager's Quarters. Living quarters may be provided for the use of a caretaker or manager.
14.
Landscaping. A landscaping plan and/or a tree management plan shall be prepared and approved for recreational vehicle parks.
a.
The landscape plan shall be prepared and shall include the following:
1.
Contours at intervals sufficient to indicate all slope areas to be landscaped.
2.
Planting areas drawn to scale and plants clearly located and labeled.
3.
Location, name, and size of all existing trees and shrubs that are to be incorporated as part of the landscape plan.
4.
Irrigation facilities adequate to maintain plant materials at all times. Hose bibs shall be located within serviceable proximity to every planter where automatic water systems are not employed.
5.
A continuous maintenance program shall be provided by the mobilehome park developer for the landscaped areas. The plan shall include repair or replacement as needed for the life of the park.
6.
All approved landscaping shall be installed or financial assurance provided to the community development department in an amount sufficient to fund the total cost of the required landscaping.
15.
Buffer. All campsites and spaces shall be buffered from other campsites and spaces with trees, shrubs, and/or other vegetation.
16.
Each campsite or recreational vehicle space may be equipped with a picnic table and fire pit or barbecue located at least twenty feet from perimeter RV space lines.
K.
Adult oriented businesses shall conform to the following criteria. No adult oriented business may be established:
1.
Within five hundred feet of any residential zone or residential use; or
2.
Within five hundred feet of any church, synagogue, mosque, temple, or any other noncommercial establishment operated by a bona fide religious organization used primarily for religious worship and related activities, community meeting use types including boys' clubs, girls' clubs, or similar youth organizations, or any establishment likely to be frequented or used by minors; or
3.
Within five hundred feet of any public or private school, educational facility, vocational school, college, school grounds, park, playground, preschool, nursery, day care center, or any other place frequented by children; or
4.
Within the boundaries of the Lakeport redevelopment project area; or
5.
Within two hundred feet of another adult oriented business; or
6.
Within one hundred fifty feet of Highway 29.
L.
Schools, preschools, and nursery schools shall conform to the following standards:
1.
A use permit shall be required for all schools, nursery schools, and preschools facilities and shall be subject to the issuance of a license and/or certification by all appropriate local and state agencies. The facilities shall be discontinued when local or state certification is withdrawn or expires.
2.
The maximum number of students/children attending the school, preschool, or nursery school shall be determined by the planning commission upon review of the use permit application based on site size, size of building, available parking and access, size of play area, and other relevant factors. The planning commission shall set a limit on the number of students/children as a condition of the permit.
3.
All outdoor play areas shall be enclosed with fencing a minimum of six feet high which shall conform to all setback requirements. Outdoor play areas shall be appropriately sited and properly designed. All gates shall be equipped with self-closing devices.
4.
Hours of operation for the facility shall be as determined under the use permit.
5.
A minimum of two on-site parking spaces shall be reserved for the use of dropping off and picking up of children. These spaces shall be in addition to the required parking for the staff based on the size of the facility. The drop-off/pick-up area should be designed in a drive-through loop, or an on-site turnaround area shall be provided.
M.
Residential Care Facilities and Large Residential Care Homes–Development Standards. Residential care facilities and large residential care homes shall be developed in conformance with the following requirements:
1.
Applicants for residential care facilities and large residential care homes shall submit the following information in conjunction with the use permit application: the number of individuals to be cared for, number of on-site staff, hours of operation, description of community care facility operations, description of the surrounding neighborhood, the existing and proposed number of on-site parking spaces, a site plan and building floor plan describing the existing and proposed facility, improvements to be made, and other applicable details.
2.
Residential care facilities and large residential care homes shall not provide medical care other than normal at-home care.
3.
The use of a residential dwelling for a residential care facility or large residential care home shall not alter the outside appearance of the structure to make it appear to be anything other than a residential unit.
4.
No signs larger than four square feet advertising the use of the property as a residential care facility or large residential care home shall be permitted in residential zones.
5.
All necessary state licenses and permits to operate shall be obtained prior to approval.
6.
At least one on-site parking space shall be provided per employee of the residential care facility or large residential care home.
7.
Outside exercise areas and outside common meeting areas shall not be permitted in front yards or street side yards, unless approved by the planning commission.
8.
There shall not be more than one residential care facility or large residential care home permitted within a three-hundred-foot radius of another community care facility or day care center, unless approved by the planning commission.
9.
The proposed residential care facility or large residential care home shall be compatible with the surrounding neighborhood.
10.
The proposed residential care facility or large residential care home shall not materially reduce the privacy otherwise enjoyed by residents of adjoining and/or nearby properties.
11.
The proposed residential care facility or large residential care home by design and layout shall avoid noise which shall be a nuisance to neighbors.
N.
Additions or alterations to existing structures within historic areas or subdivisions shall conform to the development standards in the zoning ordinance, except that the planning commission may approve reduced development standards for lot size, lot width, lot length, length to width ratio, lot coverage, setbacks, height, and parking when the following findings are made:
1.
The reduction in development standards is the minimum necessary to facilitate a permissible use.
2.
The existing lot or structure has a unique characteristic which creates a problem which limits the ability of the proposed project to conform to the development standards of the zoning ordinance.
3.
The granting of the use permit for the reduced development standard will result in an enhanced appearance or a more functional project which benefits the surrounding neighborhood.
4.
The granting of the permit for the reduced development standard shall not create or exacerbate any health or safety impacts which effect the surrounding neighborhood.
(Ord. 796 Att. A(part), 1999; Ord. 821 § 1(part), 2003; Ord. 837 § 1, 2005; Ord. 874 § 1, 2008; Ord. 893 § 3(11), 2014; Ord. 924 §§ 30–34, 36–38, 2020)