Live Oak City Zoning Code
CHAPTER 17
15 STANDARDS FOR SPECIFIC USES IN RESIDENTIAL ZONE DISTRICTS
§ 17.15.020 Garage/yard sales.
See Section 5.60.020 (Business license) of this code.
(Ord. 526 § 1, 2010)
§ 17.15.030 Residential accessory structures.
In any residential zone district residential accessory structures are permitted, subject to all of the following:
A.
Residential accessory structures include any buildings that are customarily incidental to a residence and garage including guest house, greenhouse, storage shed, studio, pool-house, workshop, detached deck and patio and similar structures that are over 18 inches in height. Buildings under 120 square feet of roof area and under eight feet in height, are not subject to this section.
B.
Number of Structures. The number of residential accessory structures on a lot shall be limited to three.
C.
Size. The combined floor area of accessory structures shall not exceed 1,000 square feet of floor area.
D.
Height. The maximum height of any accessory structure is 15 feet.
E.
Yards. Any residential accessory structure shall meet the same front, interior side and street side yards required by the applicable zone district, and one-half the required rear yard.
F.
Exceptions to the Standards. Residential accessory structures that differ from the standards provided above may be approved with a use permit, provided the Planning Commission makes a finding that there will not be an adverse impact on any neighboring uses.
(Ord. 526 § 1, 2010)
§ 17.15.040 Attached patio covers.
An attached patio cover may encroach a maximum of 10 feet into the rear yard of a single-family residence or two-family residence, subject to the following:
A.
Open On the Sides. The patio cover is open on all nonresidence sides, except for a maximum three-foot-high wall and open screening.
B.
Side Yards. All side yard standards are met.
(Ord. 540 § 6, 2011)
§ 17.15.050 Accessory dwelling unit regulations.
A.
Purpose. The purpose and objective of this chapter is to contribute needed housing to the community housing stock and establish reasonable standards for the development of accessory dwelling units and junior accessory dwelling units on all lots that already contain one legally created residential unit, consistent with Government Code Section 6582.2. For purposes of this chapter, an accessory dwelling unit is referred to as an "ADU" and a junior accessory dwelling unit is referred to as a "JADU."
B.
Applicable Zoning Districts. The provisions of this chapter shall be known as the "accessory dwelling unit regulations" and shall apply to all lots zoned to allow residential uses that include an existing or proposed single-family dwelling. ADUs and JADUs may exceed the allowable density for the lot upon which the ADU or JADU is located, and are considered a residential use that is consistent with the existing General Plan and Zoning designation for the lot. Except as authorized within the portions of existing multifamily dwelling structures, no more than one ADU and one JADU shall be placed on the same lot or parcel.
C.
Accessory Dwelling Unit Development Standards. The following standards shall apply to the establishment of ADUs:
1.
ADUs Within Existing Space. An ADU within an existing space including the primary buildings, attached or detached garage or other accessory buildings shall be permitted ministerially with a building permit regardless of all other standards within the section if complying with:
2.
Accessory dwelling units are required to comply with the following:
a.
The ADU may be rented separate from the primary residence for a minimum of 30 days but may not be sold or otherwise conveyed separate from the primary residence unless the lot is subdivided pursuant to all applicable laws and local ordinances.
b.
The lot is required to be zoned to allow residential uses that include an existing or proposed dwelling.
c.
The ADU shall be located on the same lot as the existing dwelling.
d.
If there is an existing or proposed primary dwelling, the floor space of an attached ADU shall not exceed 50% of the proposed or existing primary dwelling living area or 1,200 square feet, whichever is less.
e.
The total area of floor space for a detached ADU shall not exceed 1,200 square feet.
f.
A passageway shall not be required in conjunction with the construction of an ADU.
g.
No setback shall be required for an existing garage that is converted to an accessory dwell-ing, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.
h.
If an ADU is detached, a setback of no more than four feet from the side and rear lot lines shall be required.
i.
If an ADU is detached, a five-foot separation between the primary residence and the secondary residence is required.
j.
ADUs shall not be considered when calculating the maximum lot coverage allowed.
l.
When a garage or carport structure is demolished in conjunction with the construction of an accessory dwelling unit, no parking replacement spaces shall be required. Any other required on-site parking spaces shall be maintained for the principal unit, and may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces.
m.
The City shall not require the applicant to install a new or separate utility connection or impose a related connection fee or capacity charge for ADUs that are contained within an existing residence or accessory buildings.
n.
The height of a one-story detached ADU shall not exceed 16 feet, and a detached two-story ADU shall not exceed 25 feet.
o.
Mobile homes do not meet the requirements of an ADU. A manufactured home is permitted as a detached ADU.
p.
The ADU shall be constructed in accordance with provisions of the latest adopted editions of the building codes.
q.
The design of the ADU shall incorporate the same or similar architectural features, building materials and colors as the primary residence.
D.
Junior Accessory Dwelling Unit Criteria. The following criteria shall apply to the establishment of JADUs:
1.
A JADU shall be contained entirely within an existing single-family structure.
2.
A JADU shall be located within the walls of an existing or proposed single-family residence.
3.
A JADU shall include its own discrete entrance, separate from the main entrance to the structure. A permitted JADU may include an interior entry to the main living area, and may include a second interior doorway for sound attenuation.
4.
The JADU shall include an efficiency kitchen, which shall include all of the following: sink, food preparation counter, refrigerator, and storage cabinets that are of reasonable size in relation to the size of JADU.
5.
JADUs have no parking requirement.
6.
The JADU shall not be offered for sale apart from the principal unit. A deed restriction, which shall run with the land, shall be filed with the City and shall include both of the following:
7.
For the purposes of any fire or life protection ordinance or regulation, JADUs shall not be considered a separate or new dwelling unit.
8.
For the purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.
9.
A JADU created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the Planning Director. In considering such requests, the Planning Director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the City's affordable housing supply. As a condition of termination, the Planning Director shall require the owner to make modifications to the property to: (a) comply with current building code requirements and (b) comply with current development standards in effect at the time of the request to terminate the use of the JADU.
E.
Permitting Requirements. ADUs and JADUs shall be permitted ministerially, in compliance with this chapter, within 60 days of a completed application. The building official shall issue a building permit to establish an ADU or JADU in compliance with this chapter if all applicable requirements above are met. The Planning Director may approve an ADU or JADU that is not in compliance with the above requirements as set forth in the review process below.
F.
Accessory Dwelling Units Not Complying with Development Standards. An ADU or JADU that does not comply with the applicable standards listed in this chapter may be permitted with a site plan review permit at the discretion of the Planning Director subject to the findings listed in the section below:
Findings.
1.
The project would not be detrimental to the public health and safety.
2.
That the project will have no adverse effect upon other properties including unreasonable privacy impacts.
3.
That the project is consistent with the objectives and policies of the general plan and that granting the waiver will meet the purposes of this chapter.
At the discretion of the Planning Director, Planning Commission approval of the site plan review permit may be required for an ADU or JADU that does not comply with the applicable standards listed in this chapter. |
(Ord. 526 § 1, 2010; Ord. 581 § 3, 2022)
§ 17.15.060 Manufactured homes.
A manufactured home may be placed upon any lot within any residential zone district in lieu of a permitted one-family residence, if a zoning clearance is first secured and the manufactured home meets the following standards:
A.
Certification. The manufactured home must be certified under the National Manufactured Home Construction and Safety Act of 1974.
B.
Foundation. It shall be placed upon a permanent foundation that is approved by the Building Official.
C.
Width. It shall be a minimum of 20 feet in width.
D.
Siding. The manufactured home shall be covered with an exterior material compatible with neighboring residences. The façades that front a street shall have sufficient design detail to ensure visual compatibility with neighboring residences. If a masonry or concrete foundation is utilized, the exterior covering need not extend more than three inches below the top of the foundation.
E.
Entrance. The primary entrance to the residence shall face a public right-of-way.
F.
Roof. The roof pitch shall be not less than two and one-half inches of vertical rise over 12 inches of horizontal run. The roof eaves shall be a minimum of 12 inches from the vertical side of the manufactured home or what is customarily found in the neighborhood, whichever is less. The roof material shall be comprised of a material customarily used in the neighborhood.
G.
Garage. The manufactured home shall have an enclosed garage if they are customarily found in the neighborhood. The exterior covering material of the garage shall be the same as the manufactured home.
H.
Floor Height. The finished floor shall be a maximum of 25 inches above the finish grade of the lot.
I.
Other Standards. All of the development standards of the zone district in which the lot is located are met.
(Ord. 526 § 1, 2010)
§ 17.15.070 Home occupations.
A.
Purpose. Intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of the residence or the surrounding neighborhood. A zoning clearance must first be secured.
B.
Operating Standards. Each home occupation shall meet all of the following standards:
1.
Relationship to the Primary Use. Each home occupation shall be clearly an accessory use to the primary residential use. The home occupation conducted in the primary residence or an accessory structure shall not utilize an area of over 20% of the residence or 400 square feet, whichever is greater.
2.
Employees. There shall be no on-site employees other than full-time residents of the residence.
3.
Off-Site Effects. The home occupation shall not produce any exterior evidence of its existence beyond the premises, including, but not limited to, outdoor storage, noise, smoke, odor or vibration. There shall be no outdoor storage of building materials, machinery, equipment or other materials.
4.
On-Site Sales. There shall be no sale of merchandise other than that produced on the premises or merchandise directly related to the service offered.
5.
Client/Customer Visits. The home occupation is limited to one customer on the premises at a time. There shall be no customers on-site between the hours of 10:00 p.m. and 7:00 a.m.
6.
Signage. A home occupation is limited to one wall mounted nonilluminated sign, not to exceed one square foot.
7.
Prohibited Uses. The repair of autos, trucks, motorcycles, boats, trailers or similar equipment is not permitted.
C.
Ownership. If the residence is not owner occupied, property owner authorization for the home occupation is required.
D.
Exempt Home Occupations. Home occupations that meet all of the standards provided in this section, and the business activity is limited to the use of a desk, personal computer and telephone, are permitted uses and not subject to a zoning clearance.
E.
Home Occupations Not Meeting the Operating Standards. A home occupation that does not meet the operational or residency standards provided in this section may be allowed with an approved use permit if the Planning Commission makes a finding that there will be no additional impact on the neighborhood from traffic or other activities associated with the home occupation.
(Ord. 526 § 1, 2010)
§ 17.15.080 Model homes.
Model homes with sales offices and temporary trailers utilized for information/sales are permitted in new subdivisions if a zoning clearance is first secured and the following criteria are met:
A.
Duration. A temporary trailer may be used for a period not exceeding six months during construction of the model homes. The model home period of usage shall not exceed three years or completion of all the residences, whichever comes first. One-year extensions may be granted until the sale of all residences is completed.
B.
Site Plan. A site plan shall be submitted showing the location of the model homes, trailer, temporary parking, signage, and identification flags.
C.
Sales Area. Sales are limited to properties within the subdivision.
D.
Conversion to a Residence. The model home shall be converted to a residence upon completion of its use as a model home.
(Ord. 526 § 1, 2010)
§ 17.15.090 Manufactured home parks.
Each manufactured home park shall comply with the following standards in addition to other conditions required by the use permit:
B.
Interior Circulation.
C.
Common Open Space/Recreation Areas. Open space/recreation areas shall be provided in common areas not located within an individual manufactured home space as follows:
1.
Family Park. 250 square feet of space per home for the first 100 spaces and 200 square feet per home in excess of the 100th space.
2.
Adult Park. 200 square feet of recreational area per space.
3.
Areas Not Included. The open space/recreation area does not include private yards within a manufactured home space, rights-of-way, front and street side yards on public streets as provided in subsection E, driveways and parking areas and associated landscaping, clothes drying areas, walkways between buildings and entryways.
D.
Certification. All manufactured homes shall be certified under the National Mobilehome Construction Act of 1974.
(Ord. 526 § 1, 2010)
§ 17.15.100 Places of religious worship in residential zone districts.
In order to ensure compatibility between places of religious worship and neighboring single-family residences, places of religious worship locating in R-1 and R-2 Zone Districts shall meet the following criteria, in addition to any conditions that may be imposed by the use permit:
A.
Location. Places of religious worship shall locate on either a site with frontage on a General Plan designated collector or arterial street or adjoining a multiple-family, commercial or industrial zone district.
B.
Yard Width. The yard between the place of religious worship and any R-1 or R-2 zoned lots shall be 15 feet. At least 10 feet of that area shall be landscaped with the intent of screening buildings and parking from the residences.
C.
Lot Coverage. The lot coverage standards for the R-1 or R-2 Zone District shall apply to the place of religious worship.
D.
Expansion of Pre-Existing Places of Religious Worship. Expansion of places of religious worship in existence before the adoption of the ordinance codified in this chapter are subject only to the lot coverage and yard standards provided above, as well as any use permit conditions.
(Ord. 526 § 1, 2010)
§ 17.15.110 Parking for off-site uses.
Off-street parking that is for a nonresidential use may be permitted in residential zone districts on properties that abut a commercial, industrial or public zone district, provided a use permit is first secured.
(Ord. 526 § 1, 2010)
§ 17.15.120 Affordable housing bonus incentives.
When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City, the City shall provide the applicant with incentives or concessions for the production of housing units and child care facilities as prescribed in Government Code Sections 65915 through 65918. Such incentives and concessions provided by the City shall be for the provision of housing for the following populations:
(Ord. 526 § 1, 2010)
§ 17.15.130 Allowing kitchens in garages.
A residence may have a second kitchen in the enclosed garage provided:
A.
There remain two required parking spaces on the property that meet the requirements of Chapter 17.25 (Standards for Off-Street Parking and Loading Facilities).
B.
A building permit is first obtained ensuring that all building and venting standards are met.
(Ord. 526 § 1, 2010)
§ 17.15.140 Reasonable accommodation under Federal and State fair housing laws.
A.
Purpose. It is the policy of the City of Live Oak, pursuant to the Federal Fair Housing Act (hereafter "fair housing laws") to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in the Zoning Regulations to comply with the intent and purpose of fair housing laws.
B.
Findings. The City Council finds the Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing;
1.
The Housing Element of the Live Oak General Plan must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities including zoning constraints or providing reasonable accommodation;
2.
The Attorney General of the State of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities;
3.
A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of zoning regulations and procedures will further the City's compliance with Federal and State housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.
C.
Applicability.
1.
Reasonable accommodation in zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of zoning regulations and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.
2.
An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment, or anyone with a record of such impairment.
3.
A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when application for a zoning regulation or procedure acts as a barrier to fair housing opportunities.
D.
Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Planning and Building Departments, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Planning and Building Departments.
E.
Requesting Reasonable Accommodation.
1.
In order to make housing available to an individual with a disability, any eligible person as defined in subsection C may request a reasonable accommodation in the Zoning Regulations or procedures.
2.
Requests for reasonable accommodation shall be made in writing and provide the following information:
a.
Name and address of the individual(s) requesting reasonable accommodation;
b.
Name and address of the property owner(s);
c.
Address of the property for which accommodation is requested;
d.
Description of the regulation(s) or procedure for which accommodation is sought; and
e.
Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
3.
A request for reasonable accommodation in regulation or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.
4.
If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible.
F.
Reviewing Authority.
1.
Requests for reasonable accommodation shall be reviewed by the Community Development Director using the criteria set forth in subsection G.
2.
The Community Development Director shall issue a written decision on a request for reasonable accommodation within 30 days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection G.
3.
If necessary to reach a determination on the request for reasonable accommodation, the Community Development Director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.
G.
Required Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:
1.
Whether the housing, which is subject to the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
2.
Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
3.
Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and
4.
Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's zoning regulations.
H.
Written Decision on the Request for Reasonable Accommodation.
1.
The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Community Development Director's findings on the criteria set forth in this chapter. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process set below. The notice of decision shall be sent to the applicant by certified mail.
2.
The written decision of the reviewing authority shall be final unless it is appealed to the Planning Commission.
3.
If the Community Development Director fails to render a written decision on the request for reasonable accommodation within 30 days, the request for reasonable accommodation shall be deemed granted.
4.
While a request for reasonable accommodation is pending, all laws and regulation otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
I.
Appeals.
1.
Within 10 days of the date of the Community Development Director's written decision, any party may appeal the decision to the Planning Commission. Appeals from the adverse decision shall be made in writing.
2.
If the appellant needs assistance in filing an appeal, the City shall provide assistance to ensure the appeal process is accessible.
3.
All appeals shall contain a statement of the grounds for the appeal.
4.
Nothing in this procedure shall preclude an aggrieved individual from seeking any other State or Federal remedy available.
(Ord. 544 § 1, 2013)