See Section 5.60.020 (Business license) of this code.
(Ord. 526 § 1, 2010)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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:
A.
Lower
income households, as defined in Section 50079.5 of the Health and
Safety Code.
B.
Very
low income households, as defined in Section 50105 of the Health and
Safety Code.
C.
A senior
citizen housing development as defined in Sections 51.3 and 51.12
of the Civil Code, or mobilehome park that limits residency on age
requirements for older persons pursuant to Section 798.76 or 799.5
of the Civil Code.
D.
Common
interest development as defined in Section 1351 of the Civil Code
for persons and families of moderate income, as defined in Section
50093 of the Health and Safety Code, provided that all units in the
development are offered to the public for purchase.
(Ord. 526 § 1, 2010)
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)
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)
