Lake County Zoning Code Art. 13

• 13.21 Development standards: Unless alternative development standards are adopted according to the provisions of Section 13.28: (Ord. No. 1749, 7/7/1988)

  • (a) All single-family residential dwellings on individual lots permitted within this district shall be subject to the development standards of the “R1” district;

  • (b) All multi-family residential uses permitted within this district shall be subject to the development standards of the “R2” district for duplexes and “R3” district for all other multi-family residential uses. (Ord. No. 1749, 7/7/1988)

  • (c) All local commercial and resort commercial uses on individual lots permitted within this district shall be subject to the development standards of the “C1” and “CR” districts, respectively.

• 13.22 Maximum permitted density: As specified by the land use plan of the Lake County General Plan; and as provided for in Section 13.23.

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• 13.23 Density bonus provisions: Additional density as provided for in the Lake County General Plan may be approved by general and specific plan of development approvals pursuant to the below market homeownership provisions or the energy conservation provisions of Article 41. This provision shall not apply to the Urban Land Use Category of the land use plan of the Lake County General Plan.

• 13.24 Open space : All developments proposed under the “PDR” district shall include open space for active and passive use by the residents of the development. The amount to be provided shall be determined as follows: (Ord. No. 1749, 7/7/1988)

  • (a) Private open space: Each dwelling unit shall contain an area of land located immediately adjacent to the unit, owned or available to the unit’s residents, and reserved exclusively for such use. The required amount of land is as follows:

    1. Each single-family dwelling on each lot in a subdivision shall have a minimum of one thousand (1,000) square feet of usable open space. If a dwelling is on a lot contiguous to permanent open space available to and usable by adjacent owners or the public, the area of required usable open space may be reduced by not more than twenty-five (25) percent.

    2. All townhouse ownership units with a density of seven (7) units per net acre or less shall have a minimum private open space of three hundred (300) square feet per unit with a minimum dimension of fifteen (15) feet and with direct access to the unit. Townhouse ownership units in excess of the density set forth in this subsection shall have private yard areas as required by the approved specific plan of development. (Ord. No. 1749, 7/7/1988)

    3. All apartment units shall have a minimum private open space or balcony area of one hundred (100) square feet per unit and a minimum depth of seven (7) feet, with direct access to the unit. (Ord. No. 2128, 1/14/1993)

• (b) Common open space: Each planned residential development shall contain one or more large areas of land permanently reserved primarily for the leisure and recreational use of all the development’s residents and owned and maintained in common by them. Common open space shall be integrated throughout the development and easily accessible to all the residents.

  1. Common open space may include:

     • i. Land area of the site not covered by buildings, parking structures, or accessory structures.

     • ii. Land which is accessible and available to all occupants of dwelling units for whose use the space is intended unless such land is in a category listed below.

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• iii. Commonly owned recreational structures and facilities including but not limited to clubhouses, tennis courts, swimming pools, golf courses and trails.

2. Common open space shall not include:

   • i. Areas reserved for private open space.

   • ii. Proposed street rights of way.

   • iii. Open parking or R.V. storage areas, driveways and sidewalks for dwellings.

   • iv. Areas reserved for school buildings, not including playground areas open to the public.

   • v. Commercial areas including buildings, accessory buildings, and parking and loading facilities for such commercial areas.

   • vi. Flood control and drainage channels improved with cement, rip rap, or having a cross-section slope exceeding twenty (20) percent.

   • vii. Areas with cross slope in excess of thirty (30) percent. (Ord. No. 1749, 7/7/1988)

   • viii. Unsuitable land as determined by the Planning Commission.

3. The Planning Commission may determine that up to one half (1/2) of any body of water, natural watercourse and slopes over thirty (30) percent grade may be included as common open space. In making this determination, the Commission shall be guided by the following factors:

   • i. The extent of these areas in relation to the area of the planned development; and

   • ii. The degree to which these areas contribute to the quality, livability, and amenity of the planned development.

• (c) Public open space: As an alternative to, or in addition to, common open space required in Subsection (b) above, each planned residential development may propose one or more parcels of land which would be permanently dedicated in fee to the County or other public or private agency. Such areas will be for the use of the development’s residents in addition to the use by all County residents or for the protection of environmentally sensitive areas.

• (d) Required amount: The County shall specify the required amount of public and/or common open space in a planned residential development at the time of approval of the general plan of development, but in no case shall the total amount of public

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• and/or common open space be less than thirty-five (35) percent of the net acreage. Determination of the appropriate amount of public and/or common open space shall be based on consideration of the factors listed below: (Ord. No. 1749, 7/7/1988)

1. The degree to which these areas contribute to the quality, livability, and amenity of the planned development;

   2. The need to protect public use areas historically used by the public such as trails or beaches;

   3. The avoidance of siting of structures in hazardous areas or on steep slopes;

   4. The protection of environmentally sensitive habitat areas and archaeological sites;

   5. Protection of scenic areas of the site.