A home occupation may be conducted in a portion of a dwelling or accessory structure, where allowed as an accessory use; provided, that:

   A.   The area used for the home occupation does not exceed twenty five percent (25%) of the living area of the dwelling, or if located in an accessory structure, does not exceed two hundred (200) square feet. The home occupation shall not be located in both the dwelling and an accessory structure. No home occupation shall be conducted outside of a building.

   B.   No person other than members of the family residing on the premises shall be engaged in such occupation.

   C.   The use of the dwelling unit or accessory structure for the home occupation shall be clearly subordinate to the use of the principal dwelling unit for residential purposes by its occupants.

   D.   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding three (3) square feet in area, nonilluminated, and mounted flat against the wall of the principal building, as allowed by chapter 14 of this title.

   E.   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street.

   F.   No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises.

   G.   No retail sales shall be conducted on the premises, unless such sales are clearly secondary to the home occupation (such as a hairdresser selling shampoo) or involve craft products produced on site.

   H.   For the purposes of this title, vacation rentals and bed and breakfasts are not home occupations.

   I.   Businesses conducted in dwellings located in the OT, OTW, RC or C1 Zone shall not be subject to the limitations on home occupations set forth herein and shall be considered "live-work", as permitted by the underlying zone district. (Ord. 849, 8-17-2009)

The following minimum conditions shall apply to bed and breakfast operations:

   A.   Generally: Bed and breakfast facilities shall meet all applicable Health, Fire, Safety, and Building Codes and shall be operated so as to not give the appearance of being a business, and those facilities shall not infringe upon the right of neighboring residents to peaceful occupancy of their homes.

   B.   Specific Conditions:

      1.   The bed and breakfast facility premises shall be the principal residence of the owner or the manager.

      2.   One nonilluminated sign not to exceed three (3) square feet shall be permitted in the R2, R2R, R3, R3R, S1 and S2 zones, subject to the provisions of chapter 14 of this title. Signage in all other zones shall be subject to the provisions of chapter 14 of this title.

      3.   Driveways accessing a bed and breakfast that are greater than one hundred feet (100') in length shall have an improved width of at least twelve feet (12') with appropriately spaced cutouts to facilitate the passage of two (2) vehicles traveling in opposite directions.

      4.   One off street patron parking space shall be provided for each guestroom rented in addition to two (2) spaces required for the residence.

      5.   Other conditions may be imposed such as additional parking, improved access, landscaping, or screening, if found necessary to protect the best interests of the surrounding properties or the neighborhood due to the nature or character of the facility's site.

      6.   Meals shall be provided to guests only. (Ord. 849, 8-17-2009)

      7.   There shall be no more than fifteen (15) guestrooms in a bed and breakfast facility. (Ord. 849, 8-17-2009; amd. Ord. 891, 4-13-2013)

   A.   Cornices, eaves, gutters, sunshades, and other similar architectural features may not project more than two feet (2') into a required setback.

   B.   Cupolas, domes and observation towers may exceed the maximum allowable building height by twenty percent (20%).

   C.   The following types of structures or structural parts are not subject to the building height limitations of this title: belfries, chimneys, church steeples, elevator shafts, flagpoles, monuments, and other similar projections. The height of such features may be limited through design review, where applicable. (Ord. 849, 8-17-2009)

No accessory buildings shall be located between the principal building and the principal bordering street. All personal pet containment areas such as private kennels, dog runs, etc., shall only be located in a rear yard. Sheds may be located in a rear yard or side yard. (Ord. 870, 4-4-2011)

   A.   Parking And Storage: For purposes of these regulations, "major recreational equipment" is defined as including boats and boat trailers, recreational vehicles (RVs) and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. All such equipment shall be stored in rear yards away from street side view or along the side yards. No major recreational equipment shall be parked or stored on any lot except in a carport or enclosed building or behind the nearest portion of a building to a street; provided, however, that such equipment may be parked anywhere on residential premises for periods not to exceed twenty four (24) hours during loading or unloading. Recreational vehicles that are parked or stored within view of the street or on a vacant lot shall be considered occupied, for purposes of subsection B of this section. No major recreational equipment shall be parked or stored on any street or way, whether public or private. (Ord. 849, 8-17-2009)

   B.   Camping And Use Of RVs: No person shall park and occupy a recreational vehicle (RV) nor shall camp, except:

      1.   At a duly licensed RV park or campground.

      2.   As a guest of a resident, and then only upon private property, and for a period not to exceed fifteen (15) continuous days, or thirty (30) days total in a calendar year.

      3.   On private property by the owner for his own use, but not to exceed sixty (60) days in a calendar year. An RV stored on an otherwise vacant lot shall be considered occupied for purposes of this section. An RV connected to water and/or sewer shall also be considered occupied.

      4.   No more than two (2) RVs may be used on a lot that is not an RV park. Such RVs may be placed upon a lot for not more than sixty (60) days' total use per year. Each day of use of each RV shall be counted as a day of use. Parking and use of more than two (2) RVs on a lot may be permitted by the City Council upon an application to the City Council for a special use permit.

      5.   Occupancy of a trailer or other recreational equipment not designed to be temporary living accommodations is not permitted. Occupancy of a boat regardless of whether such vessel contains living accommodations is not permitted.

      6.   Occupancy of an RV as a manager's unit shall only be permitted in a licensed RV park or campground.

      7.   Parking of all vehicles at a site, including one or more RVs must comport to the requirements of chapter 12 of this title.

   C.   Camping On Public Property Prohibited: It is unlawful and an infraction for any person to camp on any City owned or City controlled property, any public park, or any public right-of- way. (Ord. 912, 8-3-2015)

Manufactured homes may be constructed in any district in which a residential use is allowed, provided the development is consistent with all use and development standards of the zone in which the property is located, including design review where applicable. Manufactured homes shall also be consistent with the requirements of title 10, chapter 3 of this Code. (Ord. 849, 8-17-2009)

Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any property other than in a completely enclosed building. (Ord. 849, 8-17-2009)

A fence shall be permitted as an accessory use in all zones.

   A.   Fence Location: Fences shall be placed on the property of the owner of the fence.

   B.   Fence Height: In order to achieve an open appearance, avoid visually "fencing in" properties, and achieve vehicle safety by keeping the vision triangle obstacle free, the following shall apply:

      1.   Any fence shall not exceed forty two inches (42") in height, excluding gates, when:

         a.   The fence is located in front of the street facing side of the house, and is parallel to that street; or

         b.   The fence is located along a driveway, and is perpendicular to and within the first ten feet (10') from its intersection with a street; or

         c.   The fence is located within the first twenty feet (20') from a street to street intersection.

      2.   All other fences may be seventy two inches (72") in height.

      3.   Fences that do not meet the above requirements may be higher than allowed under this section when permitted by the Community Development Director through design review, if the applicant demonstrates the design accomplishes the goals of the City's design guidelines and the vision clearance triangle is not encumbered by the fence. (Ord. 942, 8-21-2017)

   Maximum Fence Height, Corner Lot

   Maximum Fence Height, Noncorner Lot

(Ord. 870, 4-4-2011)

   C.   Design Review Application: All fencing requires a design review application to be submitted to the Community Development Director along with a ten dollar ($10.00) fee. (Ord. 942, 8-21-2017)

   A.   Vacation rentals are permitted as specified for each of the different land use districts, subject to the following regulations:

      1.   Density: Within the R2R and S2 zoning districts, vacation rentals must have a distance of greater than or equal to two hundred feet (200'), as measured from all property lines belonging to another permitted vacation rental. Special conditions or circumstances cannot be applied to allow relief from the two hundred foot (200') setback standard through a variance process.

      2.   Residential Structure: On any residentially zoned properties containing both a residential dwelling and an accessory residential dwelling, only one (1) residential structure may be licensed as a vacation rental, but not both.

   B.   Regulations Below Apply To All Vacation Rentals:

      1.   Occupancy Limits: No more than two (2) overnight occupants per bedroom, plus two (2) additional overnight occupants, shall be accommodated at any one time, e.g., a one (1) bedroom dwelling would be allowed four (4) overnight occupants while a two (2) bedroom dwelling would be allowed six (6) total overnight occupants. The total number of overnight occupants temporarily residing in a vacation rental shall not exceed ten (10) at any one time and includes all occupants over the age of two (2). The maximum number of overnight occupants cannot be advertised to exceed the permitted occupancy. Overnight occupancy limits cannot be increased by mitigation through a conditional use process.

      2.   Parking: The vacation rental shall have one (1) off-street parking space per each bedroom unit with a minimum of two (2) off-street parking spaces required.

      3.   Operation And Maintenance (O&M) Inspection: A satisfactory completion of an O&M inspection must be submitted prior to the initial vacation rental permit being issued, and each year thereafter, or more frequently as determined by the city. The approved vacation rental permit/license will be issued after the completion of the approved final inspection.

      4.   Property Management Plan: A property management plan demonstrating how the vacation rental will be managed and how impacts to neighboring properties will be minimized shall be submitted for review and approval as part of the permitting and licensing process. The property management plan shall include:

         a.   Property owner and property manager's name and phone number;

         b.   Local point of contact, name and phone number, who is responsible for responding immediately to complaints, i.e., clean up garbage, manage unruly tenants, etc.;

         c.   Statement regarding how garbage removal is to be conducted;

         d.   The "land line" phone number to the vacation rental;

         e.   Statement identifying emergency procedures the occupants are to follow in case of an emergency; and

         f.   Identification and location of parking spaces available; and how the parking standards are to be met.

The approved property management plan shall be mailed to all adjoining property owners within three hundred feet (300') as a condition of license approval and shall be prominently and permanently displayed inside the unit near the front entrance of the vacation rental, along with the vacation rental license. Revisions to the approved property management plan and/or local point of contact will require review and approval. Once approved, the property owner shall mail the approved revised property management plan to all adjoining property owners within three hundred feet (300'). The revised license will be issued after receipt of the completed affidavit of mailing.

      5.   Fire And Life Safety Inspection: Satisfactory completion of a life/safety inspection, performed by the City of Long Beach, prior to the issuance of the initial vacation rental permit; and shall be required every year after to ensure fire and life safety requirements are maintained.

      6.   Floor Plans: Accurate to scale floor plans are required for all new and existing vacation rentals to ensure fire and life safety requirements are maintained.

         a.   Floor plans will be required to be submitted at time of initial applications submittal and approved prior to the initial permit issuance. These plans should include the egress points.

         b.   The approved floor plan must be posted in a visible location within the vacation rental.

         c.   Changes to the approved floor plan will require resubmittal and approval and may require a fire and life safety inspection, at the discretion of the building department.

      7.   Appearance: The exterior of the building(s) shall retain a residential appearance with house numbers maintained on the front of the building and visible from the street or road. No junk or garbage shall be allowed to accumulate in any yards and all vehicles shall park only in designated parking areas. Landscaping shall also be maintained; irrigation maybe be required.

      8.   Garbage: Provisions shall be made for garbage removal during rental periods and said provisions shall be documented in the property management plan. Proof of said service shall be provided to the City of Long Beach. Any complaints regarding littering or garbage shall be resolved immediately. The garbage can shall be put out on the street the same day as pick-up service and returned to its designated spot afterward. The can cannot remain on the street after service.

      9.   Animals: Animals shall be secured at all times while on the property. All other city regulations regarding pets must be abided by as described in chapter 6-4. There cannot more than three (3) dogs staying at the property at one time.

      10.   Fences: A fenced area shall be required for all vacation rentals unless otherwise granted an exception by the City Administrator or their designee. Each property shall conform to their respective zoning requirements, design review.

      11.   Phone Service: The vacation rental shall have a "land line" with local phone service. The phone number servicing the vacation rental shall be included in the property management plan. This is for the purposes of 911 identification.

      12.   Vacation Rental Signage: One (1) vacation rental sign either attached to the dwelling or placed in front of the dwelling and containing no more than four (4) square feet, is required. The sign cannot be internally lit. No off-premises signage or advertising is permitted.

      13.   Operation: The vacation rental shall be operated in a way that will prevent disturbances to neighboring properties not typical of a residential neighborhood, including, but not limited to, loud music, loud noises, excessive traffic, loud and uncontrolled parties, junk/debris/garbage accumulation in the yards, trespassing, barking dogs, or excess vehicles, boats or recreational vehicles parked in the streets in front of the unit.

      14.   State Business License And Taxes: Prior to the issuance of the initial vacation rental permit, the property owner of record shall demonstrate that the vacation rental is registered as a business with the State of Washington and that a State Business License and Unified Business Identifier (UBI) number have been issued for the vacation rental. The owner shall also certify that all applicable lodging taxes will be paid and shall provide proof of general liability insurance for use of the residential structure as a vacation rental.

      15.   Code Compliance: The vacation rental shall meet all applicable State and local health, safety and building codes.

      16.   License Requirement: In addition to the underlying Land Use District permitting and process requirements, property owner shall obtain a revocable vacation rental annual license from the City of Long Beach whenever a dwelling unit is to be used for vacation rental purposes and shall comply with the following:

         a.   A vacation rental license shall be obtained from the City of Long Beach prior to using the dwelling unit as a short-term vacation rental.

         b.   The vacation rental license shall be renewed annually.

         c.   The vacation rental license is non-transferable. If the property is sold, the new owner will need to re-apply for both the vacation rental license and the underlying vacation rental permit. The new property owner must wait a minimum of three (3) months prior to applying for a vacation rental permit.

         d.   The City of Long Beach vacation rental license shall be prominently and permanently displayed inside the unit near the front entrance of the vacation rental and shall list the following:

            (1)   The name, address and phone numbers of the property owner and/or the designated property manager.

            (2)   The name and phone number of the local point of contact who must reside within one (1) hour (travel time) from the site address of the vacation rental.

            (3)   The maximum occupancy.

            (4)   Number and locations of required parking spaces.

            (5)   The service provided to handle garbage.

            (6)   A statement that occupants are to respect adjoining property owners by adhering to quiet hours from ten o'clock (10:00) P.M. to eight o'clock (8:00) A.M., and refrain from trespassing, littering or parking on adjoining properties.

            (7)   A statement that occupants, property owners, and property managers of this vacation rental are subject to civil penalties for violating this section.

            (8)   A statement that the license to operate this vacation rental may be revoked for violations of these rules.

      17.   Conditions Imposed: The Administrator may impose other conditions, including but not limited to additional parking, improved access, fencing, landscaping, or minimum screening to ensure the proposed use is compatible with the surrounding residential character.

      18.   Revocation: If the terms of the vacation rental license are not met, the license may be revoked, and the property owner may be subject to penalties per section 1-4-1 or any amendments thereto.

      19.   Complaints: All complaints shall proceed as follows:

         a.   The complaining party shall first attempt to communicate with the local contact person designated on the permit and property management plan, describe the problem, and leave a contact phone number for call back information.

         b.   The contact person shall respond promptly to the complaint, regardless of time of day, and make reasonable efforts to remedy any situation that is out of compliance with the section, including contacting the Long Beach Police Department if necessary.

         c.   If the response is not satisfactory to the complaining party, then the complaining party may next provide a written complaint to the City of Long Beach Community Development Director, which complaint shall identify and be signed by the complaining party. The complaint shall include a description of the informal attempts to resolve the complaint. A copy of the written complaint shall be provided to the property owner and contact person by the City. The Director of Community Development shall attempt to resolve the complaint. If so required, the owner or local contact person shall provide a written response to the complaint with the anticipated corrective action within ten (10) days. A copy of the complaint will be filed with the vacation rental license file.

      20.   Compliance And Revocation:

         a.   Property owners of vacation rentals shall obey all applicable laws and ordinances of the City and shall be subject to vacation rental permit revocation procedures and appeals processes outlined in this section and in section 4-1-5 or any amendments thereto.

         b.   If there have been three (3) or more authenticated violations of this section related to the same vacation rental within one (1) calendar year, or if there have been three (3) or more authenticated violations of other City Ordinances related to the same vacation rental within one (1) calendar year, the Administrator shall revoke the vacation rental license and underlying vacation rental permit, and the property owner shall be prohibited from obtaining a new vacation rental permit and license for at least one (1) year from the revocation.

         c.   Nothing in this subsection precludes the City of Long Beach from proceeding with formal enforcement action against a property owner and/or occupant for violations of this section.

         d.   All existing and permitted vacation rentals shall meet the modified licensing/permitting standards contained within this section 12-11-9 or future amendments no later than December 31, 2023. (Ord. 959, 10-15-2018; amd. Ord. 1008, 11-21-2022; Ord. 1036, 8-19-2024)

Excessive land filling for the purpose of improving a view(s) is not permitted. The intent of this regulation is to allow filling of land for the purpose of being above the surrounding floodplain, yet achieve a fairly homogeneous finish grade with the surrounding properties. No land in or near a floodplain shall be altered or filled unless such activity has received all necessary permits from all agencies. (Ord. 849, 8-17-2009)

All new and/or renovated utilities on Pacific Avenue, Ocean Beach Boulevard and for development located west of Ocean Beach Boulevard shall be required to be placed underground. (Ord. 849, 8-17-2009)

   A.   Outdoor Merchandising, Vending And Dining: Outdoor merchandising, vending and dining greater than two hundred (200) square feet may be allowed only by a conditional use permit. Outdoor merchandising, vending or dining up to two hundred (200) square feet may be allowed as an accessory use to a business, where permitted. Such activity shall be associated with a business operating out of an adjacent building. Limitations on length of time, hours of operation, lighting, noise, placement of goods, and screening may be applied. Temporary displays for periods not to exceed thirty (30) consecutive days, or sixty (60) days in a calendar year, may be approved by special use permit of the City Council. No business shall operate solely in an open air environment unless approved by special use permit of the City Council. (Ord. 849, 8-17-2009)

   A.   Display Of Goods: The City Administrator may authorize the display of goods for sale on a sidewalk or public way, subject to the following limitations:

      1.   The display shall not project more than eighteen inches (18") from the property line into the sidewalk, as measured perpendicular to the property line;

      2.   The display shall not occupy more than six (6) linear feet along the sidewalk, as measured parallel to the building face;

      3.   The display shall not reduce the clear width of the sidewalk to less than seventy two inches (72"), as measured between the property line and the curb or any intervening street furnishings, including, but not limited to, planters, benches, bike racks and trash cans, and shall not otherwise obstruct pedestrian traffic;

      4.   There shall be no other outside display space on the subject property;

      5.   The display shall be limited to goods sold within the business abutting the sidewalk or public way. All transactions shall occur within the business;

      6.   The display, including all racks and furnishings, shall be removed from the public way daily;

      7.   The display shall be designed and placed or secured so as to minimize the potential of tipping or being blown over by the wind; and

      8.   The City Administrator, at his discretion, may revoke authorization for any display. Failure to comply with any of the limitations listed herein, resulting in a condition that is deemed to constitute a nuisance, shall be enforceable and punishable pursuant to title 5, chapter 2, "Public Nuisances", of this Code.

      9.   This section shall not apply to the placement of newspaper boxes.

   B.   Street Performers: Street performers may perform only within the OT Zone, on private property with the permission of the owner or in the public parks located at 3rd Street and 5th Street. Performances shall not occur where sidewalks, the public way, doorways or drives would be obstructed by the performer or by observers, or where it would interfere with scheduled activities or events. Performers shall not use any props. Amplification shall be prohibited. Performances shall be limited to the hours between ten o'clock (10:00) A.M. and nine o'clock (9:00) P.M. Performers who fail to comply with the requirements of this section or are disruptive to public peace and morals shall be considered a nuisance, which shall be enforceable and punishable pursuant to title 5, chapter 2, "Public Nuisances", of this Code.

   C.   Vending And Peddling: Vending, peddling or any other use of the public way not enumerated herein shall be prohibited. (Ord. 849, 8-17-2009)

For temporary uses, and other activities not specifically addressed by this title, an applicant may apply to the City Council for a special use permit. The issuance of a special use permit is at the discretion of the City Council. The City Council may impose such conditions as are deemed necessary to mitigate impacts including, but not limited to, noise, lighting, traffic and hours of operation. A special use permit shall not be used to permanently permit a use that would otherwise be prohibited by the zone district in which the property is situated. A special use permit shall have an expiration date that is no more than one year after the approval date. Upon application, the City Council may grant a single extension of a special use permit. One single property is only allowed to apply for two (2) permits per year and this includes conjoined lots. Special use permits will not be granted for a use on public property. (Ord. 959, 10-15-2018)

The intent of this provision is to restrict lighting to only an immediate area, to avoid distracting and annoying illumination in residential areas, and to avoid lighting that distracts vehicle operators or causes glare. Lighting intended for security, parking areas, unloading areas, walkways, porches, entrances to buildings, signs, yards, courts and similar areas, shall cast its light only upon said areas and not upon areas outside of the intended area. Full cutoff (dark sky) fixtures should be used. Activity switches and timers should be used where appropriate. Illumination and lighting that are erected as traffic control lighting or navigation lighting are exempt from this provision. Illumination of signage is subject to the provisions of chapter 14, including article A, of this title. (Ord. 849, 8-17-2009)

Schools, playgrounds, libraries, child daycare facilities, or churches located within one thousand feet (1,000') of that area of the C1, OT, OTW or RC Zones designated for the location of sexually oriented or adult businesses, and public parks located within five hundred feet (500') of that area of the C1, OT, OTW or RC Zones designated for the location of sexually oriented or adult businesses, whether allowed by right or requiring a conditional use permit, shall also be required to obtain a special use permit from the City Administrator. Such special use permit shall require the applicant to waive, in writing, any protest to the current or future location of a sexually oriented or adult business that may be approved in accordance with the provisions set forth in chapter 15 of this title. (Ord. 849, 8-17-2009)

   A.   Purpose: The purpose and intent of the Long Beach City Council in enacting the provisions of this section is to protect the public health, safety and welfare, to protect property values and minimize visual impacts while furthering the development of enhanced telecommunication services in Long Beach. These standards were designed to comply with the Telecommunications Act of 1996. The provisions of this section are not intended to and shall not be interpreted to prohibit or have the effect of prohibiting wireless communication facilities (WCF). This section shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless communication facilities.

   B.   Exemptions: The following uses and wireless communication facilities (WCF) are exempt from the provisions of this section and shall be permitted in all zones:

      1.   WCF operated or maintained by local, County, State or Federal agencies for purposes of official government communications;

      2.   WCF located on Federal, State or tribal lands;

      3.   Temporary WCF during an emergency declared by the city;

      4.   Licensed amateur (ham) radio antennas;

      5.   Satellite dish antennas less than two meters (2 m) in diameter when located in nonresidential zones, and satellite dish antennas less than one meter (1 m) in diameter when located in residential zones, including direct to home satellite services, when used as an accessory use of the property;

      6.   WCF that legally existed on or prior to the effective date of this section, except that this exemption does not apply to modifications of such facilities;

      7.   Routine maintenance or repair of a WCF and related equipment (excluding structural work or changes in height or dimensions of antennas, support structures or buildings); provided, that compliance with the standards of this section are maintained;

      8.   Individual wireless broadband receivers for the purpose of providing wireless access to the internet through a wireless internet service provider.

   C.   Wireless Communication Facility Permitted Locations: Wireless communication facilities (WCF) shall be allowed in the L1 light industrial, C1 commercial, C2 commercial retail warehouse, OT old town, RC residential commercial and P public zone districts, subject to issuance of a conditional use permit pursuant to section 11-2D-2 of this code and the criteria and standards contained herein.

      1.   In considering applications for WCF, preference shall be given in the following order:

         a.   Collocation of antennas on an existing structure in the L1 light industrial zone district.

         b.   Attachment of antennas to a new or existing structure in the L1 light industrial zone district.

         c.   Attachment to existing or replacement light standards, electrical transmission towers, water tanks or existing utility poles in the L1 light industrial zone district.

         d.   Attachment of antennas to an existing building in the C1 commercial, C2 commercial retail warehouse, RC residential commercial or P public zone district that do not exceed the building height requirement of the district or are located within architectural features that meet the requirements of section 12-11-3, "Projections From Buildings", of this chapter.

         e.   Installation of antennas in the OT old town zone district that are concealed from view from abutting streets and adjacent properties by an existing structure (such as a roof parapet) or within an architectural feature (such as a cupola) and that do not exceed the building height requirement of the zone district or are located within architectural features that meet the requirements of section 12-11-3, "Projections From Buildings", of this chapter.

         f.   All other locations.

      2.   An applicant shall demonstrate that due to valid considerations, including physical constraints or technological feasibility, the proposed facility cannot be located in a preferred location. In the C1, C2, OT, RC and P zone districts, the applicant must additionally demonstrate that the WCF is necessary to fill an existing significant gap in the ability of remote users to access the communication service (not merely a particular provider's service), that there is no alternative site in the L1 zone district, and that the manner in which it proposes to fill the gap complies in all other respects with this section. The information submitted by the applicant shall include a map of the area to be served by the facility, field strength test data (a drive test) of existing coverage quality within the area to be served by the facility, its relationship to other sites in the applicant's network (within and outside of city limits), and an evaluation of existing available land, buildings and structures within one-fourth (1/4) mile of the proposed site.

      3.   In no case shall a WCF be located on a property on which there is an existing residential use.

   D.   Collocation: To minimize potential adverse visual impacts associated with the proliferation of wireless communication facilities (WCF) and wireless communication towers and support structures such as lattice towers and monopoles, collocation of WCF antennas on existing or new support structures is encouraged, as follows:

      1.   Collocation shall be accomplished in a manner consistent with the provisions of this subsection.

      2.   This subsection applies to both new and existing WCF. The terms and conditions for collocating latecomer providers on collocatable WCF facilities shall be reasonable and based on current market rates for comparable facilities. Imposition of unreasonable or higher than market rate terms and conditions by the host provider shall be considered failure to cooperate in good faith to accommodate collocation with competitors and shall be subject to the provisions of subsection D6 of this section.

      3.   The city may deny an application to construct a new support structure if the applicant has not shown by substantial evidence that it has made an effort to mount the proposed antennas on an existing building or support structure that would provide adequate service to the proposed coverage area. The applicant shall use the following collocation protocol:

         a.   Prior to or with an application for approval of a WCF, the applicant shall demonstrate that the following notice was mailed via certified mail to all other WCF providers licensed to provide service within the city:

         b.   Copies of any responses to the collocation request letter shall be provided to the city with the WCF application. If a response to a collocation request letter is received by an applicant indicating an opportunity for collocation, the applicant shall make a good faith effort to analyze the feasibility of collocation. This analysis shall be submitted with an application for any WCF support structure and shall include, at a minimum:

            (1)   A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by collocation at the possible collocation site, and the basis for that determination; and

            (2)   Evidence that the lessor of the possible collocation site either agrees or disagrees to collocation on his/her property; and

            (3)   Evidence that adequate space exists or does not exist at the possible collocation site to accommodate needed equipment and meet the applicable requirements of this code; and

            (4)   Evidence that adequate access does or does not exist at the possible collocation site.

      4.   To reduce the number of future support structures needed in the city, new support structures shall be designed to accommodate antennas for more than one user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.

      5.   Unless collocation is not feasible, an applicant's site plan shall reserve an area for at least one other provider's equipment near the base of the applicant's wireless communication tower or support structure. An option agreement to lease the area at the base of the facility for a second provider shall not expire prior to the underlying lease.

      6.   Personal wireless service providers, their lessees and agents shall cooperate in good faith to accommodate collocation with competitors, including responding in a timely manner to a collocation letter required by subsection D3 of this section. If a dispute arises about the feasibility of collocating, the director may require a third party technical study, pursuant to subsection H of this section, to resolve the dispute. Costs associated with this study shall be borne by the applicant. Failure to accommodate collocation may be grounds for revocation of permit and removal of the WCF under public nuisance abatement procedures.

   E.   Design Criteria:

      1.   Impact On Neighborhood: The location and design of wireless communication facility (WCF) sites shall consider the visual and physical impacts of the facility on the surrounding neighborhood.

      2.   Architectural Compatibility: WCF shall be architecturally compatible with the surrounding buildings and land uses and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site and its surroundings.

      3.   Collocation: As provided in subsection D4 of this section, new support structures shall be designed to accommodate collocation, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.

      4.   Support Structures And Antennas: Support structures such as monopoles and lattice towers, and antennas mounted on utility poles, shall only be allowed in the L1 light industrial zone district. Panel and whip antennas mounted on buildings shall be allowed in the OT, RC, P, C1, C2 and L1 zone districts.

      5.   Setbacks: The setback requirements in this subsection are not subject to a variance.

         a.   All support structures, such as lattice towers and monopoles, and all aboveground equipment enclosures shall be set back at least ten feet (10') from property lines. This setback shall be measured from the closest point of the antenna, support structure or equipment enclosure to the property lines on the lot on which it is located. Additionally, setbacks to adjacent properties on which an existing residence is located shall be equal to at least the height of the tower unless otherwise authorized by the hearings examiner.

         b.   Antennas installed on building rooftops shall be set back from the edge of the roof at least one foot (1') for each foot of antenna height as measured from the top of the roof (or parapet, if one exists) to the highest point of the antenna.

         c.   Antennas installed on building facades shall be set back at least ten feet (10') from all street facades.

      6.   Height: The height limits in this subsection are not subject to a variance.

         a.   The height of the WCF shall be no more than that required to function satisfactorily.

         b.   Antennas and support structures shall not exceed one hundred twenty feet (120') in height in the L1 zone district.

         c.   Antennas located in the C1, C2, OT, RC and P zone districts shall not exceed the maximum height permitted by the underlying zone district, except when entirely enclosed within architectural features that meet the requirements of section 12-11-3, "Projections From Buildings", of this chapter.

      7.   Screening:

         a.   All WCF shall be designed and located on a site to take maximum advantage of existing trees, mature vegetation, structures and/or topography to screen as much of the facility as possible from view, and so that the facility blends into the background.

         b.   The visual impacts of support structures and ground mounted equipment enclosures shall be mitigated through installation of a five foot (5') wide landscape strip around the perimeter of the structure, equipment enclosure and the outside of the security fence (if any). A decorative solid wood fence, six feet (6') in height and not topped by barbed wire, may be permitted in lieu of the landscape strip. The hearings examiner may waive or modify this requirement for those sides of the facility that are not visible from streets or adjacent property, or when equipment is located within a fully enclosed building that meets the design requirements of the underlying zone.

         c.   Landscaping shall be properly maintained and kept in good condition at all times, pursuant to section 12-13-11 of this title.

         d.   Equipment enclosures shall have a finish and appearance similar to the exterior building walls.

         e.   In the OT zone district, WCF shall be concealed from public view by architectural features or parapets.

      8.   Antennas: The requirements in this subsection are not subject to a variance.

         a.   Antennas mounted on buildings shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. Antennas shall be allowed where concealed entirely within those structures listed in section 12-11-3, "Projections From Buildings", of this chapter. Panel antennas shall not be mounted on a facade facing a street. A wall mounted antenna shall be as flush to the wall as technically possible and shall not project above the wall on which it is mounted. Antennas and any visible mounting brackets and cables shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted, or otherwise blend into its background.

         b.   Antennas mounted on other structures shall be integrated into the design of the structure to which they are attached. Antenna platforms are prohibited. External projections from the structure shall be limited to the smallest projection technically feasible.

      9.   Locating On Utility Poles: The requirements in this subsection are not subject to a variance. WCF located on utility poles shall only be permitted in the L1 light industrial zone district and shall conform to the following design criteria:

         a.   The utility pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a WCF, except as prohibited in subsections E9c and E9d of this section; and provided, that the new pole shall not exceed a height that is a maximum of fifteen feet (15') taller than the existing pole;

         b.   Panel antennas shall not project out from the surface of the utility pole by more than twelve inches (12"), shall not exceed six feet (6') in height, and shall be placed such that the top of the panel antenna does not extend above the height of the utility pole;

         c.   A cylindrical antenna may be mounted as an extension on top of an existing utility pole, but the existing pole shall not be replaced with a taller pole for the purpose of accommodating the cylindrical antenna. A cylindrical antenna mounted on top of a utility pole shall not exceed eighteen inches (18") in diameter and eight feet (8') in height;

         d.   A whip antenna may be mounted as an extension on top of an existing utility pole, but the existing pole shall not be replaced with a taller pole for the purpose of accommodating the whip antenna. A whip antenna mounted on top of a utility pole shall not exceed fifteen feet (15') in height;

         e.   All WCF, including, but not limited to, antennas, equipment, cables and conduit that are mounted on utility poles, shall be painted to match the pole;

         f.   The visual effect of the WCF on all other aspects of the appearance of the utility pole shall be minimized to the greatest extent possible;

         g.   The use of the utility pole for the siting of a WCF shall be considered secondary to the primary function of the utility pole. If the primary function of a utility pole serving as the host site for a WCF becomes unnecessary and any regulation requires its removal, the utility pole shall not be retained for the sole purpose of accommodating the WCF and the WCF and all associated equipment shall be removed immediately;

         h.   In all cases where a utility pole is replaced for the purpose of accommodating a WCF installation, the cables and other wiring necessary for the WCF shall be routed inside the new pole. If routing inside the pole is not allowed by the utility and that determination is confirmed in writing by the utility, then all cable, wiring and conduit routed outside the pole shall be painted to match the pole; and

         i.   There is no collocation requirement for WCF located on utility poles and there shall be no more than one WCF located on any one utility pole. WCF located on utility poles shall be located no closer than one thousand feet (1,000') from any other WCF located on a utility pole.

      10.   Color: WCF shall have colors generally matching the surroundings or background that minimizes their visibility. In the event that the FCC or FAA requires special marking, the city may require the applicant to request dual mode lighting as an alternative to the marking requirement.

      11.   Lights, Signals And Signs: No lights, signals, signs, banners or similar devices shall be permitted on support structures or antennas, except for those required by law.

      12.   Noise: WCF shall comply with applicable state and local noise regulations.

         a.   All generators shall be enclosed.

         b.   Testing of equipment and maintenance activities shall occur on weekdays between the hours of eight thirty o'clock (8:30) A.M. and four thirty o'clock (4:30) P.M. This restriction shall not apply to emergency situations or to an impending failure of the communication system.

      13.   Safety: The design of wireless communication towers shall include "anticlimbing" features to reduce the potential for trespass and injury.

      14.   Federal Requirements: WCF providers and lessees shall assure that its facility complies at all times with current federal standards. Failure to maintain WCF in compliance with current federal standards and regulations shall constitute a nuisance.

   F.   Facility Removal:

      1.   Prior to issuance of any building or construction permits for a wireless communication facility (WCF), the property owner shall sign an affidavit agreeing to remove the WCF at his or her expense pursuant to this subsection. The form of the affidavit shall be approved by the city attorney.

      2.   In the event the use of any support structure or antenna will be discontinued for a period of sixty (60) consecutive days, the owner or operator shall so notify the city in writing, and the support structure or antenna shall thereafter be deemed to be abandoned. Determination of the date of abandonment shall be made by the city which shall have the right to request documentation and affidavits from the support structure or antenna owner or operator regarding the issue of support structure or antenna usage. Upon such abandonment, the owner or operator of the support structure or antenna or the owner of the property upon which such facility is located shall have an additional sixty (60) days within which to:

         a.   Reactivate the use of the support structure or antenna or transfer the support structure or antenna to another owner or operator who makes actual use of the support structure or antenna; or

         b.   Dismantle and remove the support structure or antenna. If such support structure or antenna is not removed within said sixty (60) days from the date of abandonment, the city may remove such support structure or antenna at the facility owner's and property owner's expense. If there are two (2) or more users of a single support structure, then this provision shall not become effective until all users cease using the support structure. At the earlier of sixty (60) days from the date of abandonment without reactivation or upon completion of dismantling and removal, city approval for the support structure and/or antenna shall automatically expire.

   G.   Application Requirements:

      1.   All wireless communication facilities (WCF) shall obtain a conditional use permit, pursuant to the requirements of section 11-2D-2 of this code. WCF located in the OT, RC, P, C1 and C2 zone districts shall also be subject to design review, pursuant to chapter 10 of this title. All applications to locate a WCF shall include the following information:

         a.   A scaled site plan clearly indicating the location, type and height of the proposed support structure, antennas, on site land uses and zoning, adjacent land uses and zoning, adjacent streets, proposed means of access, and setbacks from property lines and residential zones.

         b.   Scaled elevation drawings of the proposed support structure and equipment enclosure.

         c.   Photo simulations of the proposed facility from public rights of way, public properties and affected residentially zoned properties.

         d.   Approximate distance between the proposed antennas and the nearest residentially zoned property.

         e.   A landscape plan showing size, type, and location of specific landscape, screening and fencing materials.

         f.   Manufacturer's information indicating compliance with adopted noise standards.

         g.   The city may require submittal of propagation maps showing that the proposed WCF is required for network coverage in order to satisfy the requirements of the provider's grid system. The maps shall also demonstrate that the requested height is the minimum height necessary for the support structure and antennas, as applicable. The maps shall show the neighboring or regional facilities with which the facilities in the city can communicate. The city may require additional propagation maps showing coverage areas at lower heights.

   H.   Third Party Review: In certain instances there may be a need for expert review by a third party of the technical data submitted by the wireless communication facility (WCF) applicant. The city may require such a technical review, to be paid for by the WCF applicant. The selection of the third party expert may be by mutual agreement between the applicant and the city, or at the sole discretion of the city, such mutual agreement not to be unreasonably withheld by either party. The third party expert shall have recognized training and qualifications in the field of radio frequency engineering or structural engineering, as appropriate. The expert review is intended to be a site specific review of technical aspects of the wireless communication facilities, facilities and other matters as described herein, and not a subjective review of the site selection. In particular, but without limitation, the expert shall be entitled to provide a recommendation on the height of the proposed facilities relative to the applicant's coverage objectives and system design parameters, or the structural requirements for accommodating collocation. Such a review should address the accuracy and completeness of the technical data, whether the analysis techniques and methodologies are legitimate, the validity of the conclusions and any specific technical issues outlined by the city or other interested parties. Based on the results of the third party review, the city may require changes to the application for the WCF that comply with the recommendations of the expert.

   I.   Other Wireless Communication Facilities: All of the provisions of this section, which address wireless communication facilities and personal wireless service facilities, shall also be deemed to cover other wireless communications facilities (and, in particular, but without limitation, television and AM/FM radio towers) to the maximum extent allowed by law.

   J.   Conflict: To the extent that any provisions of this section are inconsistent or in conflict with any other provision of the zoning code, comprehensive plan or any ordinance or regulation of the city, the provisions of this section shall be deemed to control. (Ord. 849, 8-17-2009)

   A.   Purpose: The intent of this section is to encourage the provision of affordable housing for low, very low and extremely low income households in the city of Long Beach by allowing a density bonus for projects that are located in the R3 multi-family residential district and in the RC residential commercial district.

   B.   Density: The maximum number of dwelling units permitted on a property may be increased to the extent that all other zoning standards are met without need for a variance, subject to issuance of a conditional use permit pursuant to the requirements of section 11-2D-2 of this code and provided all units on the property are affordable for low, very low and/or extremely low income households. The exact density allowable will be determined by the hearing examiner pursuant to the conditional use permit process.

   C.   Qualification:

      1.   The city shall maintain and update annually standards for qualified households, based on the level of income and family size, describing the "qualified household" eligible for the affordable housing. The city shall also maintain and update annually a schedule of the maximum allowable housing costs for affordable dwelling units, based on income and household size. The city may choose to use qualification standards and/or cost schedules prepared by the joint Pacific County housing authority.

      2.   The city shall verify that tenants of affordable dwelling units are qualified households upon initial rental and annually thereafter. The city shall verify purchasers of for sale affordable dwelling units are qualified households prior to closing. It shall be the responsibility of the landlord (for rent units) or purchaser (for sale units) to provide all necessary documentation to the city regarding income and household size.

      3.   For properties operated by an agency, nonprofit or developer whose primary purpose is providing affordable housing, which housing organization is acceptable to the city and has similar qualification standards, processes and affordability requirements, the city may defer qualification to that entity. Upon mutual agreement by the city and joint Pacific County housing authority (JPCHA), the city may pass responsibility for determination of qualification and affordability to the JPCHA.

   D.   Deed Restriction: A deed restriction shall be placed on the property prior to issuance of a certificate of occupancy. The city shall review and approve all covenants, conditions and restrictions that may be placed on the property prior to execution, in order to ensure affordability standards are maintained. The deed restriction shall run with the land. The period for which it must remain affordable must be included in the deed restriction. For rent affordable dwelling units shall remain affordable for a period not less than twenty (20) years. For sale affordable dwelling units shall remain affordable for a period not less than twenty (20) years.

   E.   Rental Affordable Dwelling Units:

      1.   Prior to initial renting of an affordable dwelling unit, the landlord shall provide to the city of Long Beach community development department documentation of the family size and gross income for verification of qualification to occupy the affordable dwelling unit. The landlord shall thereafter provide verification to the city annually that the tenants for all units continue to meet the household size and income limits for occupancy of an affordable dwelling unit. Tenants who no longer meet the requirements of a qualified household may continue to occupy the affordable dwelling unit, provided their income for their household size does not exceed one hundred twenty percent (120%) of the area median income. If the tenant's income exceeds that amount, the tenant shall be required to vacate the unit within sixty (60) days. A lease or rental agreement shall be required for rental of affordable dwelling units, and the lease or agreement shall include a clause stating the terms under which a household that is no longer qualified may continue to occupy the unit. Nothing in this section shall be construed to otherwise change or limit the usual rights of tenant or landlord.

      2.   A schedule showing the rents charged for affordable dwelling units shall be provided to the city on initial rental and annually thereafter. The city shall verify that rents meet the standards for affordable housing and that rent and utilities constitute no more than thirty percent (30%) of such gross annual household income for a qualified household of the size that may occupy the unit in question.

   F.   For Sale Affordable Dwelling Units: The developer must place a deed restriction in the deed conveying the property to the qualified household a restriction running with the land stipulating that, from the time of the first conveyance, any subsequent conveyance shall have the following limitation:

      1.   Any monies received by the qualified household seller in excess of the actual reduction of the principal of the mortgage and the down payment and payments for home improvements for the first five (5) years after the purchase by the qualified household shall revert to and belong to the city of Long Beach, to be deposited in the affordable housing fund.

      2.   After the first five (5) years, twenty five percent (25%) of any excess funds received shall belong to the qualified household seller. During the subsequent fifteen (15) years, five percent (5%) of the excess funds received for each full year of ownership shall belong to the qualified household seller. The excess balance shall revert and belong to the city of Long Beach, to be deposited in the affordable housing fund.

      3.   After twenty (20) years, all the sale proceeds shall belong to the qualified household seller.

      4.   If the property is sold by the qualified household to another qualified household at any time at the price then established for the qualified household, all excess funds shall belong to the selling qualified household. The buyer shall submit to the city documentation of household size and income for verification of qualification.

      5.   If the household size or income of a previously qualified owner occupied household changes in such a way that they are no longer qualified to occupy an affordable dwelling unit, they shall not be required to vacate and/or sell the affordable dwelling unit they own. All other requirements of this section shall continue to apply.

      6.   If the owner of a for sale affordable dwelling unit should choose to rent the dwelling unit rather than occupy it within twenty (20) years after the first conveyance, it shall be rented to a qualified household, subject to verification of qualification as set forth in subsection E of this section.

If the for sale units are built under the auspices of an agency, nonprofit or developer whose primary purpose is providing affordable housing, which housing organization is acceptable to the city and has similar qualification standards and processes, the city may defer to those standards and accept the deed restriction put in place by that entity.

   G.   Affordable Housing Fund: The city of Long Beach shall establish an "affordable housing fund" to receive the funds described in subsection F of this section, which funds will be used only to produce or rehabilitate affordable housing. The city may choose to pass the funds to the joint Pacific County housing authority, provided the projects for which the funds are used serve the Long Beach area. (Ord. 906, 2-2-2015)

   A.   License Required: No person shall operate a recreational vehicle (RV) park within the corporate limits of the city without first obtaining a business license as required by title 4, "Business And License Regulations", of this code, and any necessary approvals required by the zone district in which the property is located, including a conditional use permit and design review.

   B.   Allowable Uses And Use Allocation:

      1.   Spaces: An RV park may include itinerant, short term, and long term spaces, as well as storage areas as follows:

         a.   Itinerant spaces (30 days or less): Up to one hundred percent (100%) of total spaces; a minimum of fifty percent (50%).

         b.   Short term spaces (more than 30 days and less than 6 months): A maximum of fifty percent (50%) of total spaces.

         c.   Long term spaces (more than 6 months): A maximum of fifty percent (50%) of total spaces.

         d.   Storage (unoccupied): A maximum of twenty five percent (25%) of total spaces.

      2.   Nonconforming Use Allocation: Any nonconforming use allocation existing at the time of passage of this section shall be corrected the next time a nonconforming space is occupied. No new nonconforming uses shall be allowed.

      3.   Sunset Date For Existing Nonconforming Use Allocation: Notwithstanding other sections of this code, all existing RV parks shall be made to conform to the allowable use allocation no later than December 31, 2020.

   C.   Prohibition On Subletting: The renter(s) of an RV space may not sublet that space to another party.

   D.   Current Vehicle Title: All RVs located in an RV park must have a current vehicle title.

      1.   Under no circumstances will an RV be allowed to be placed on blocks.

   E.   Recreational Or Open Space Development:

      1.   RV parks with an area of ten (10) acres or less shall be required to develop a minimum of ten percent (10%) of the total area for recreational or open space purposes.

      2.   RV parks with an area greater than ten (10) acres shall be required to develop a minimum of twenty percent (20%) of the total area for recreational or open space purposes.

      3.   The required open space may include amenities for the use of guests, such as recreational facilities and picnic areas. It shall not include the area within the individual RV spaces.

   F.   Off Street Parking: Parking shall be provided as required by chapter 12 of this title.

   G.   Ingress And Egress:

      1.   Driveways for ingress and egress shall comply with the requirements of subsection 11-5-1D of this code and with the requirements of subsection 12-12-2D3 of this title.

      2.   Street access shall be limited to driveways serving the entire RV park. All access to individual RV spaces shall be from within the property. The access of an RV space directly from the street shall be prohibited.

   H.   Interior Circulation And Driveways:

      1.   Interior driveways shall have a width of not less than fifteen feet (15') for a one-way drive and not less than twenty feet (20') for a two-way drive, exclusive of on site parking.

      2.   Driveways and parking surfaces within the park and RV parking sites shall be properly surfaced with gravel or asphalt.

   I.   Landscaping: Landscaping shall be provided as required by chapter 13 of this title. Landscaping shall be provided around the perimeter of the site, to provide screening from the street and adjacent properties and to beautify the park.

      1.   Wherever possible, existing tree cover and natural vegetation shall be maintained.

      2.   There shall be one tree for every ten (10) RV spaces.

   J.   Fences: Fences may be incorporated into the landscaping design. Chainlink fences shall not be used on the perimeter of the site, unless approved by the reviewing authority.

   K.   Sanitary Facilities: Sanitary facilities and sewer connections shall be provided as required by section 10-3-2 of this code. (Ord. 912, 8-3-2015)

   A.   Size Of Site: There shall be a minimum of three thousand (3,000) square feet of stall space for each manufactured home site.

   B.   Common Area: At least ten percent (10%) of the total area of the property on which the park is situated shall be maintained as common area or open space. Such area may include amenities for the use of the residents but shall not include the interior driveways or parking or the open areas of the individual stall spaces.

   C.   Setbacks Between Manufactured Homes: There shall be a minimum setback of ten feet (10') between manufactured homes. Landings and stairs projecting no more than three feet (3') from each unit shall be allowed to project into the setback area. The setback area shall be kept otherwise free and clear of structures, for purposes of fire department access.

   D.   Off Street Parking: Parking shall be provided as required by chapter 12 of this title. Parking spaces shall not be part of the minimum pavement width for internal circulation. Parking may be provided adjacent to each unit and/or in common shared parking areas.

   E.   Width Of Drives: Internal driveways shall have a width of not less than twenty feet (20'), exclusive of on site parking. Driveways and parking shall be properly surfaced with gravel or asphalt.

   F.   Landscaping: Landscaping shall be provided as required by chapter 13 of this title. Landscaping shall be provided around the perimeter of the site, to provide screening from the street and adjacent properties and to beautify the park.

      1.   Wherever possible, existing tree cover and natural vegetation shall be maintained.

      2.   There shall be a minimum of one tree on the site for each unit.

      3.   Fences may be incorporated into the landscaping design.

   G.   Design Review: Design review is required for the site design of the manufactured home park, including, but not limited to, site layout, circulation and landscaping. Design review is not required for individual structures except where design review would be required for a single-family residence.

   H.   Additional Requirements: Manufactured home parks shall also be subject to the requirements of sections 10-3-3 and 10-3-4 of this code. (Ord. 849, 8-17-2009)

   A.   Purpose: The purpose and intent of this section is to encourage development of home or business scale solar energy in Long Beach while ensuring such development is compatible with the principal use of a property and minimizing impacts to nearby properties.

   B.   Permitted Locations Of Solar Facilities: Solar panels or arrays are permitted accessory uses to principal uses located in all zones within the city limits. Solar panels or arrays are permitted subject to the requirements of this section and the criteria and standards contained herein.

   C.   Design Criteria: Solar panels or arrays are permitted as an accessory use to commercial and residential uses subject to the following conditions:

      1.   The solar panel or array shall not be located within a required setback, on a structure within a required setback, or within a front yard;

      2.   Solar panels or arrays may extend above the building height standard for the zone by a maximum of six feet (6'), provided:

         a.   They are mounted at the minimum height necessary to generate usable energy;

      3.   Any solar panel or array shall not cause glare or reflection so as to constitute a hazard to pedestrians and/or vehicular traffic;

      4.   Installation of any solar panel or array shall comply with all applicable provisions of the international building code, international residential code, international fire code, and Washington state electrical code;

      5.   Any solar panel, array, or accessory component located on the ground shall be located in the side or rear yards in residential zones, and screened with a minimum six foot (6') tall, sight obscuring fence or landscaping in both residential and commercial zones. The community development director may waive or modify the screening requirement under the following circumstances:

         a.   Screening would render the solar facility ineffective and there are no suitable alternative locations on site to locate the solar facility where screening is feasible; or

         b.   Where abutting uses will not be adversely affected by an unscreened solar facility system due to existing physical improvements, physiographic features, landscaping and/or other factors;

      6.   Solar panel or array collectors are not considered impervious coverage for the purposes of calculating lot coverage if minimum standards are met, including, and not limited to, height and setback requirements;

      7.   A solar facility collector may be added to an existing nonconforming principal building or lot on which it is located without forcing the entire building to be brought up to current code standards. (Ord. 891, 4-13-2013)

   A.   Purpose: The purpose and intent of this section is to ensure the public health, safety, and welfare regarding installation and operation of small (less than 10 kW) wind generation facilities, to provide guidance to those who wish to install and operate such facilities, and to ensure such facilities are compatible with the principal use of a property and minimize impacts to nearby properties.

   B.   Permitted Locations Of Wind Facilities: Small windmills and turbines (less than 10 kW) are permitted accessory uses to principal uses located in all zones within the city limits. Windmills and turbines are allowed subject to the requirements of this section and the criteria and standards contained herein.

   C.   Permit Application And Project Review Process: Prior to installation of any component of a small wind generation facility, an application shall be made to the city of Long Beach.

      1.   A four hundred dollar ($400.00) fee shall be required.

      2.   A site map and elevations of the proposed installation shall be required.

      3.   Detailed information on windmill specifications from the manufacturer shall be required, including, but not limited to, information on height, bulk, and noise generation.

      4.   The application shall be reviewed by staff to determine if the property meets the minimum requirements for installation of a windmill or turbine as described in subsection D of this section. If the installation as proposed does not meet minimum requirements, staff shall deny the permit and refund fifty percent (50%) of the application fee.

      5.   If staff finds that the installation as proposed does meet minimum requirements, the city shall provide notice of the project application, of a minimum two (2) week public comment period, and of a public hearing to be conducted by the city. This notice shall be provided to all owners of property located within three hundred feet (300') of the perimeter of the subject property. This notice shall be sent to the relevant owners of record and addresses of record according to the records of the Pacific County tax assessor.

         a.   The Long Beach city council shall conduct the hearing and make a final decision regarding the application. The council may approve, approve with conditions, or deny the application.

   D.   Design Criteria: Small wind generation facilities are permitted as an accessory use to commercial and residential uses and are subject to design review, including the following conditions:

      1.   The wind generation facility shall not be located within a standard required setback, on a structure within a required setback, or within a front yard, moreover:

         a.   No small wind generation facility shall be located closer than one hundred ten percent (110%) of its maximum height to a property line, an aboveground utility, a potentially occupied structure, or a liquid or gaseous fuel source.

      2.   The maximum height of any windmill or turbine, measured from the ground at the base of the foundation to the highest vertical point shall not exceed seventy five feet (75').

      3.   No windmill blade at its lowest point shall be closer than fifteen feet (15') to the top of its foundation or the ground, whichever is higher.

      4.   No windmill or turbine shall interfere with the viewsheds of surrounding properties or cast substantial shadow on same.

      5.   No windmill or turbine shall generate noise considered a nuisance noise disturbance pursuant to section 5-5-4, "Nuisance Noise Disturbance", of this code.

      6.   Any connection to the small wind generation facility shall be underground, with the exception of guywires.

      7.   No antenna or advertising shall be affixed to or otherwise placed on a windmill or turbine.

      8.   Installation of any small wind generation facility shall comply with all applicable provisions of the international building code, international residential code, international fire code, and Washington state electrical code.

      9.   Small wind generation facilities are not considered impervious coverage for the purposes of calculating lot coverage if minimum standards are met, including, and not limited to, height and setback requirements.

      10.   A small wind generation facility may be added to an existing nonconforming principal building or lot on which it is located without forcing the entire building to be brought up to current code standards.

   E.   Decommissioning; Removal: Any small windmill or turbine that is not used or nonfunctional for a period of six (6) months or greater must be decommissioned, and completely removed from the property on which it is installed. (Ord. 891, 4-13-2013)

   A.   The City recognizes that due to their nature and possible secondary effects, essential public facilities may be difficult to site.

   B.   The City shall first determine if an incorporated location is the appropriate location for the proposed essential public facility, taking into consideration the health, safety, and welfare of Long Beach citizens.

   C.   If the City determines it is an appropriate location for a proposed essential public facility, it shall make every reasonable effort to responsibly site the facility within the City. (Ord. 899, 6-16-2014)

For events, and other short-term activities not specifically addressed by this title, an applicant may apply to the Community Development Director for a special event permit. The event must not exceed ten (10) days in duration. The Community Development Director may impose such conditions as are deemed necessary to mitigate impacts including, but not limited to, noise, lighting, traffic and hours of operation. The special event permit is only valid for those days specifically noted in the permit application. (Ord. 959, 10-15-2018)