Article 41

• 41.1 Purpose: To establish performance standards to promote compatibility among various uses of land; protect and enhance the rural-resort character of the County; protect the health, safety, or welfare of the community; and control noise, dust, odor, smoke, vibration, danger to life and property, or similar causes likely to create a public nuisance. All uses permitted in Chapter 21 of the Lake County Code shall comply with all applicable performance standards of the base zoning district, combining district, and as set forth herein, except as provided in Section 41.3.

• (a) The Planning Director may require pertinent information demonstrating that the proposed use will comply with all applicable performance standards prior to issuance of any ministerial or discretionary approval. This information may consist of a report prepared by a qualified technical consultant(s).

• (b) When technical information is required, accurate and representative measurements shall be made according to accepted engineering or scientific practice. Measurements shall be made at the exterior lot lines.

• (a) Uses which are not in compliance with all applicable performance standards at the time of zoning clearance shall require a use permit. The Planning Director shall determine whether a minor or major use permit is required based on the specific characteristics of the proposed use in relationship to the applicable performance standard(s). A major use permit shall be required when the performance characteristics of the proposed use:

  1. Have the potential to significantly impact the environment; or 
  
  2. Have the potential to create substantial public controversy; or 
  
  3. Have the potential to injure the public health, safety or welfare. 
  

  • (b) The following agricultural uses are exempt from the provisions of Sections 41.6, 41.8, 41.9, 41.11 and 41.15: Livestock grazing, crop and tree farming; animal husbandry; apiaries; and aviaries.

  • (c) The performance standards contained in the following Subsections are the required minimum. They shall not be construed as preventing the Review Authority, as part of any discretionary approval, to require more restrictive standards as deemed necessary.

• 41.4 Air quality: All uses shall comply with applicable local, state, and federal laws and regulations regarding contaminants and pollutants. This requirement includes, but is not

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limited to, emissions of suspended particulates, carbon monoxide, hydrocarbons, odors, toxic or obnoxious gases and fumes.

• 41.5 Electromagnetic interference: Devices which generate electromagnetic interference shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Public utilities shall comply with all applicable state and federal regulations. (Ord. No. 1749, 7/7/1988)

• 41.6 Erosion control: The following erosion control standards shall apply to all development projects in commercial or industrial zoning districts:

  • (a) The smallest practical area of land shall be exposed at any one time during development.

  • (b) When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

  • (c) Natural features such as trees, groves, natural terrain, waterways, and other similar resources shall be preserved where feasible.

  • (d) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.

  • (e) The permanent final vegetation and structures shall be installed as soon as practical in the development.

  • (f) Wherever feasible the development shall be fitted to the topography and soils to create the least erosion potential.

  • (g) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.

  • (h) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development where needed.

• 41.7 Fire and explosion hazards: All uses involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials shall comply with all applicable local, state and federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment.

• (a) All exterior lighting accessory to any use shall be hooded, shielded or opaque. No unobstructed beam of light shall be directed beyond any exterior lot line. Buildings and structures under construction are exempt from this provision.

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• (b) No use shall generate heat so that increased ambient air temperature or radiant heat is measurable at any exterior lot line.

• (a) General: All undeveloped land areas shall be maintained in permanent vegetative cover, or alternatively be landscaped with a combination of materials to control runoff. All yards shall be landscaped such that there shall be no accumulation of silt, mud, or standing water causing unsightly or hazardous conditions, either within the yard or on adjacent properties, public roads, or sidewalks.

• (b) Standards of uses permitted in the “R3”, “PDR”, “PDC”, “CH”, “CR”, “C1”, “C2”, “C3”, “M1”, “M2”, and “MP” districts: The following recommended landscaping standards shall be required unless an alternative landscaping plan is approved or waived by the Review Authority which meets the intent of this Article.

  1. Minimum required landscaping per parcel: All development shall include an area or areas of the parcel for landscaping to serve as a visual screen and/or provide an increased aesthetic environment; except where street frontages are occupied by existing development.

  2. The front of the lot shall be landscaped with a minimum of a ten (10) foot wide planted area but not so as to obstruct traffic or reduce sight distance at any driveway or intersection, unless because of the location or design of existing development, or appropriate site planning would make adherence to this standard result in development inconsistent with the purposes of Subsection (b) 1 above, in which case, an alternative landscape plan may be approved by the Review Authority. The landscaping may be interrupted by building entrances or exits and driveways. (Ord. No. 1749, 7/7/1988)

  3. When abutting any residential district side yard:

     • i. The side of the lot shall be landscaped with a minimum of a five (5) foot wide planted area but not so as to obstruct traffic or reduce sight distance at any driveway or intersection; or

     • ii. A six (6) foot high wooden fence or masonry wall shall be constructed at the side lot line(s), but shall not exceed four (4) feet in height within any required front yard.

  4. When abutting any residential district rear yard:

     • i. The rear of the lot shall be landscaped with a minimum of a five (5) foot wide planted area when abutting any residential use or district; or

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• ii. A six (6) foot high wooden fence or masonry wall shall be constructed at the rear lot line.

5. Where a parking lot contains ten (10) or more spaces and is visible from a street, not less than five (5) percent of the parking lot, excluding the area of the landscaped strip required by Subsection (b) 2 shall be landscaped. Such landscaping shall be distributed through the parking lot and shall not be concentrated in any one area. Landscaping shall be computed on the basis of the total amount of parking and driveways provided (except spaces provided for enclosed vehicle storage areas).

6. For landscaping required for parking lots in Subsection (b) 5 above, protective measures including but not limited to concrete curbing, railroad ties, or decorative rock shall border all landscaped area.

7. Existing or indigenous plant materials that meet the requirements of this section may be counted as contributing to the total landscaping required when located within the proposed use area.

8. Minimum plant size: Unless otherwise specifically indicated elsewhere all plant materials shall meet the following minimum standards as indicated in Table 9.1:

Table 9.1 Minimum plant size:

(Note: plant sizes for indigenous species may be reduced upon approval of the Planning Director).

9. Irrigation required: All landscaping shall be provided with a drip irrigation system or in-ground sprinkler system. If all plant materials are indigenous or drought resident, a temporary or portable irrigation system may be provided. (Ord. No. 1749, 7/7/1988)

10. Plan required: A landscape plan, either as an overlay of the proposed site plan or a separate drawing, shall be submitted to the Planning Department for review and approval by the Development Review Committee. The following information shall be included in the plan:

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• i. The location of all landscaped areas with the proposed shrubs, trees, and other plant materials clearly labeled with information on size, type, and spacing.

• ii. The location of existing trees and shrubs, including any riparian vegetation, large oak trees, etc., and indicating those existing trees, shrubs, or other indigenous species that are to be included as part of the landscape plan.

• iii. A description and layout of the proposed irrigation system.

• iv. Any additional information or materials required by the Planning Director or Development Review Committee.

11. Final inspection: No use shall commence nor occupancy permit be issued (building finaled) until:

• i. The landscape plan has been implemented and approved as required herein; or

• ii. The applicant has entered into an agreement and posted bonding as required in Subsection (b)12 below for that portion or portion(s) of the landscaping plan determined incomplete. (Ord. No. 1749, 7/7/1988)

12. Bonding required (Ord. No. 1749, 7/7/1988) :

• i. Where the department determines that the applicant has failed to implement an approved landscape plan according to the provisions of Subsection (b)10 above, the applicant shall be required to enter into an improvement/maintenance agreement with the County Planning Department and provide financial assurance for completion of the required landscaping within one (1) year. The financial assurance may take the form of a certificate of deposit, letter of credit, bond, or other financial assurance acceptable to the Planning Director.

Subsection (b)10 above, the applicant shall be required to enter into an improvement/maintenance agreement with the County Planning Department and provide financial assurance for completion of the required landscaping within one (1) year. The financial assurance may take the form of a certificate of deposit, letter of credit, bond, or other financial assurance acceptable to the Planning Director.

• ii. Such financial assurance shall be set at one hundred fifty (150) percent of the costs necessary to cover all landscape improvements as indicated on the approved landscape plan; and

• iii. Such agreement shall provide for maintenance of planting utilizing acceptable horticultural practices, and for replanting of new material where a required planting has not survived the first year after planting. (Ord. No. 1749, 7/7/1988)

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• (a) All uses are prohibited from discharging liquid, solid, toxic or hazardous wastes onto or into the ground and into streams, lakes or rivers. Discharge into a public or private waste disposal system in compliance with applicable local, state, and federal laws and regulations is permitted.

  • (b) Wastes detrimental to a public sewer system or a sewage treatment plant, shall not be discharged to a public sewer system unless they have been pretreated to the degree required by the authority having jurisdiction over the sewerage system.

  • (c) The handling and storage of hazardous materials, the discharge of hazardous materials into the air and water; and disposal of hazardous waste in connection with all uses shall be in conformance with all applicable local, state and federal regulations.

  • (d) All burning of waste materials accessory to any use shall be in compliance with the Lake County Air Pollution Control District rules and regulations.

  • (e) The disposal or dumping of solid waste accessory to any use, including, but not limited to, slag, paper and fiber wastes, or other industrial wastes shall be in compliance with applicable local, state, and federal laws and regulations.

• 41.11 Noise: Maximum sound emissions for any use shall not exceed equivalent sound pressure levels in decibels, A-Weighted Scale, for any one (1) hour as stipulated in Table 11.1. These maximums are applicable beyond any property lines of the property containing the noise. (Note: Equivalent sound pressure level (Leq) is a measure of the sound level for any one (1) hour. It is the energy average of all the various sounds emitted from the source during the hour. A-Weighted Scale is used to adjust sound measurements to simulate the sensitivity of the human ear.)

Table 11.1 Maximum one-hour equivalent sound pressure levels (A-Weighted - dBA).

*Note: The Residential category also includes all agricultural and resource zoning districts.

• (a) In the event the receiving property or receptor is a dwelling, hospital, school, library or nursing home, even though it may be otherwise zoned for commercial or industrial and related uses, maximum one-hour equivalent sound pressure received shall be as indicated in Table 11.2.

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Table 11.2 Maximum one-hour equivalent sound pressure levels (A-Weighted - dBA).

• (b) Noises of short duration: For noises of short duration or impulsive character, such as hammering, maximum one-hour sound pressure levels permitted beyond the property of origin shall be seven decibels less than those listed in Table 11.2 above.

• (c) Noises of unusual periodic character: For noises of unusual periodic character, such as humming, screeching, and pure tones, the median octave band sound pressure levels as indicated in Table 11.3 shall not be exceeded beyond the property of origin when the receiving property is zoned residential or is occupied by a dwelling, hospital, school, library, or nursing home.

Table 11.3 Median octave band sound pressure levels.

• (d) Additional allowance: When the receiving property is zoned commercial or industrial and is not a dwelling, hospital, school, library, or nursing home, an additional sound decibel emission above the pressure levels specified in Table 11.3 above shall be permitted as indicated in Table 11.4.

Table 11.4 Additional allowance.

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• (e) Exemptions: Local noise standards set forth in this Section do not apply to the following situations and sources of noise provided standard, reasonable practices are being followed:

  1. Emergency equipment operated on an irregular or unscheduled basis.

  2. Warning devices operated continuously for no more than five (5) minutes.

  3. Bells, chimes, or carillons.

  4. Non-electronically amplified sounds at sporting, amusement, and entertainment events.

  5. Construction site sounds between 7:00 am and 7:00 pm.

  6. Lawn and plant care machinery fitted with correctly functioning sound suppression equipment and operated between 7:00 am and 8:00 pm.

  7. Aircraft when subject to federal or state regulations.

  8. Agricultural equipment when operated on property zoned for agricultural activities.

• (f) Exceptions: Upon written application from the owner or operator of an industrial or commercial noise source, the Zoning Administrator or Planning Commission, as part of a use permit approval, may conditionally authorize exceptions to local noise emission standards in the following situations:

  1. Infrequent noise.

  2. Noise levels at or anywhere beyond the property lines of the property of origin when exceeded by an exempt noise, as listed in Section (e) above, in the same location.

  3. If after applying Best Available Control Technology (BACT), a use existing prior to the effective date of this ordinance is unable to conform to the standards established by this section.

• (a) General: Outdoor storage in any district shall be maintained in an orderly manner and shall not create a fire, safety, health or sanitary hazard. (Ord. No. 1749, 7/7/1988)

• (b) Standards for uses permitted in the “APZ”, “A”, “TPZ”, “RL”, “RR”, “SR”, “R1”, “R2”, “R3”, “U” and “PDR” districts:

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1. Except for farm products, supplies or equipment when incidental to a working farm or ranch, construction materials during authorized construction, or firewood; outdoor storage of materials, including but not limited to junk, construction materials, scrap metal, wood, petroleumbased materials or products, paper products, waste or trash materials on parcels of one (1) acre or less shall not exceed an aggregate area of one hundred (100) square feet per lot, or on parcels larger than one (1) acre, four hundred (400) square feet of aggregate area. On parcels of five (5) acres or more in the “RR”, “RL”, “TPZ”, “A” and “APZ” districts, six hundred (600) square feet of aggregate area is permitted. This performance standard does not prohibit the enclosed storage of similar materials in a building of up to two thousand (2,000) square feet in area. (Ord. No. 1749, 7/7/1988; Ord. No. 1974, 12/20/1990)

2. Except for farm supplies and products, firewood, boats, farm equipment and unstacked automotive vehicles, open or outdoor storage shall be limited to a height of six (6) feet.

3. Except for farm products, supplies, or equipment; construction materials during authorized construction; or firewood for personal consumption on the premises, outdoor storage shall be completely screened from public view from all exterior property lines and any public roadway within onehalf (1/2) mile of the pen storage area by the use of sight obscuring fences, hedges, or other measures determined to be effective by the Planning Director. Securely fastened tarps may be utilized for screening of open storage areas of one hundred (100) square feet or less.

On parcels of five (5) acres or more, open storage areas shall not be maintained closer than seventy-five (75) feet from any property line. On parcels of less than five (5) acres, open storage areas when not completely enclosed by solid fencing shall have a minimum setback from any property line of a distance of not less than twenty (20) percent of the lot width. (Ord. No. 1749, 7/7/1988)

4. There shall be no outdoor storage in any required front yard in the case of interior lot, or required street-side setback area in the case of corner lot, or in an area three (3) feet wide along one (1) side lot line; and there shall be no outdoor storage in any front yard in any “SR”, “R1”, “R2”, or “R3” district. (Ord. No. 1749, 7/7/1988)

5. In addition to the outdoor storage permitted in Subsection (b)1 above, the open and outdoor storage of inoperable motor vehicles shall be limited to the following: (Ord. No. 1749, 7/7/1988)

• i. The open storage of one (1) inoperable motor vehicle per lot in any “RR”, “RL”, “A”, “APZ”, or “TPZ” district. This does not include a Public Nuisance Vehicle as defined in Section 13-13.1(f) of Chapter 13 of the Lake County Code. (Ord. No. 1749, 7/7/1988; Ord. No. 2618, 2/27/2003)

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     - ii. The indoor or outdoor storage of inoperable motor vehicles, subject to first obtaining a minor use permit for a “collector permit” pursuant to Section 21-27.11(ak) in any “APZ, “A”, “RL”, “RR”, “SR”, “R1”, “R2”, “R3”, “C3”, “M1” or “M2” district. **(Ord. No. 1749, 7/7/1988; Ord. No. 2618, 2/27/2003)** 

  6. The open storage of any inoperable motor vehicle is prohibited in the “U”, “SR”, “R1”, “R2”, “R3” or “PDR” district. **(Ord. No. 2618, 2/27/2003)** 

• (c) Standards for uses permitted in any “C1”, “C2”, “C3”, “CR”, “CH”, “M1”, “M2”, “MP” or “PDC” district: (Ord. No. 1897, 12/7/1989)

  1. No outdoor storage of materials or equipment shall be permitted in the following areas: Required front yards, off-street parking and loading areas, driveways, landscaped areas, or street right-of-ways.

  2. Open and outdoor storage and operation yards (work areas) of an interior lot shall be confined to the area to the rear of a line which is the extension of the front wall of the principal building and shall be screened from view from any street by appropriate walls, fencing, earthen mounds or landscaping as approved in the required landscaping plan. Storage or operation yards on a corner or through lot shall be subject to approval of the Development Review Committee.

  3. Open and outdoor storage of materials or products, except for trucks and other vehicles necessary for the operation, shall not exceed a height of eight (8) feet.

  4. Open and outdoor storage shall be located so as not to constitute a hazard to adjacent buildings or property and shall not exceed six (6) feet in height when within ten (10) feet of side or rear property lines.

  5. Exterior trash and storage areas, service yards, and electrical utility boxes shall be screened from view of all nearby streets and adjacent structures in a manner that is compatible with the building design. Smaller areas near the building shall be screened with a wall of the same construction as the building wall. Larger areas shall be screened by a solid six (6) foot high fence. Chain-link fencing shall be permitted only when accompanied by heavy landscaping which will grow to screen the fence in three (3) years. Provisions for adequate vehicular access to and from trash, garbage or refuse areas shall be provided.

• 41.13 Radioactivity: No radiation of any kind shall be emitted in quantities which are dangerous to humans.

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• 41.15 Vibrations: No use shall generate ground vibration which is perceptible without instruments beyond the lot line. Ground vibrations caused by motor vehicles, aircraft, temporary construction work, or agricultural equipment are exempt from these standards.

• 41.16 Commercial Coach - Mobile homes: Shall only be permitted as permanent offices in the “C3” and “M2” districts. Commercial coach-mobile homes are permitted as temporary uses as provided for in Sections 27.2(q), (r) and (s). (Ord. No. 1749, 7/7/1988)

• 41.17 Restrooms: Restrooms open for public use shall be provided by all retail sales, entertainment or open-to-public recreational uses when gross building floor area exceeds three thousand (3,000) square feet in area per use, and for all retail fuel sales uses. Restrooms shall meet the occupant load factors, accessibility and plumbing facilities regulations of the Uniform Plumbing and Building Codes as amended. The availability and/or location of restrooms shall be noticed by signing when restroom facilities are not readily visible to the public. (Ord. No. 1749, 7/7/1988; Ord. No. 1897, 12/7/1989)

• (a) Outdoor cultivation of medical marijuana is prohibited within any mobilehome park, which is defined as a mobilehome park by Section 2143.3(i) of this Chapter, unless cultivated within a designated garden area that has been set aside by park management, or cultivated on a mobilehome park lease lot that exceeds 4,500 square feet. In such cases, cultivation amounts shall be limited to that amount of medical marijuana that may be cultivated on those premises in compliance with any thenexisting County ordinance regulating marijuana cultivation locations and amounts .

• (b) Cultivation of medical marijuana is prohibited within any property that is improved with multi-family dwellings, as defined by Section 68.3(d) 15 of this Chapter.

• (c) Processing of medical marijuana, including but not limited to drying, trimming, weighing, packaging, and storing for later distribution, shall be limited to that amount of medical marijuana that may be cultivated on those premises in compliance with any then-existing County ordinance regulating marijuana cultivation locations and amounts. (Ord. No. 2984, 02/19/2013)

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ARTICLE 42

• 42.1 Purpose: To provide relief where strict adherence to the development standards of the base zoning districts would impose undue hardship and prevent the legitimate use of land consistent with the purpose of this Chapter; and to provide additional regulations for specific uses.

• (a) Any single lot or parcel of land, which was of record and a legal lot at the time of adoption of this Chapter, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized for all permitted uses, if all other requirements of this Chapter are met.

• (b) No lot existing at the effective date of this Chapter shall be reduced in dimension or area in relation to any building thereon so as to be smaller than required by this Chapter. However, in the case of a recorded lot which already has less area or does not conform with the minimum average lot width or maximum length to width ratio as required by this Code, said lot may be reduced in area by not more than ten (10) percent of the existing lot area and the lot dimensions may be modified at the discretion of the Review Authority through the lot line adjustment provisions in Chapter 17, the Subdivision Ordinance of the County of Lake. . (Ord. No. 1749, 7/7/1988)

• (a) Fences in excess of four (4) feet in height may occupy any required yard provided they are for agricultural purposes, proposed in a district where agricultural uses are a permitted use, and constructed of wire mesh, chain link or other material allowing unobstructed visibility above four (4) feet in height, except as provided for corner lots in Section 42.11(a). (Ord. No. 1749, 7/7/1988; Ord. No. 2172, 8/12/1993)

• (b) Accessory buildings and structures used for the housing or maintenance of farm animals shall be located at least fifty (50) feet from the front lot line, and twenty (20) feet from any side lot line, and fifty (50) feet from any dwelling on the same or adjacent lot, not including perimeter fencing for grazing purposes. (Ord. No. 1749, 7/7/1988)

• (c) No occupied beehive or box shall be located within 400 feet of any dwelling on an adjacent lot, nor within 150 feet of any public road, street or highway, or as determined by the Planning Director.

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• (a) Every part of a required yard (setback) shall be unobstructed from the ground to the sky, except as otherwise provided in this Article and except for landscaping, septic tanks or other appropriate underground utilities, driveways and sidewalks, and the ordinary projection of sills, buttresses, cornices, chimneys, eaves, solar energy equipment, greenhouses, and ornamental features but in no case shall such projections exceed three (3) feet.

• (b) Where a building setback line has been established by a recorded subdivision or parcel map, sectional district map, or as a condition of any approved specific plan of development, use permit, or variance, the required setback shall be the building setback line shown on the subdivision or parcel map or condition of permit approval. This exception includes setbacks for roads, yards, creeks, building envelopes, and special setbacks for the protection of environmentally sensitive areas, or adjacent land uses. In no case shall the required setback be less than that required by the zoning district.

• (c) Whenever an official setback line has been established for any street or proposed street designated in Section 21-42.20, Official Setback Line Exceptions, yards required by this Chapter shall be measured from such official line unless the yard requirements of this Chapter are more restrictive when measured from the front lot line. In no case shall the provision of this Chapter be construed as permitting any encroachment upon an official setback line. (Ord. No. 1749, 7/7/1988)

• (d) In the case of odd-shaped lots where the required yard definitions set forth in this Chapter are not applicable, the Planning Director shall determine the required yards which shall approximate the required yards of a rectangular lot in the same base zoning district.

• (e) In the case of through lots, the required side yard shall extend the full depth of the lot between the street lines and there shall be two (2) required front yards for the purpose of computing setbacks.

• (f) When corner lots not meeting the width requirements of this Chapter abut two or more streets, the following standards shall apply:

  1. The shortest lot frontage shall meet the required front yard standards, the length of this frontage shall be the lot width; and the required rear yard shall be opposite this front yard.

  2. The required front yard on the remaining street side of such lot shall be not less than twenty (20) percent of the width of the lot, but in no case shall the required front yard be less than ten (10) feet.

  3. The required rear yard of a corner lot backing upon a key lot may be reduced to a depth of ten (10) feet, provided the total yard area required on the lot by the applicable district regulations is not thereby reduced.

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• (g) Interior lots not meeting the width requirements of this Chapter to be developed with single-family dwellings may have a reduced required side yard equal to ten (10) percent of the average lot width in compliance with the Uniform Building Code. In no case, however, shall the structure encroach closer than three (3) feet to the side lot line. (Ord. No. 2172, 8/12/1993)

  • (h) Lots smaller than five (5) acres, but larger than one (1) acre in size in the Rural Residential, Rural Lands and Unclassified zoning districts may utilize the minimum yard requirements of the Suburban Reserve district Section 9.14. Lots smaller than one (1) acre in size in the “RR”, “RL” and “U” districts and lots smaller than fifteen thousand (15,000) square feet in the Suburban Reserve district may utilize the minimum yard requirements of the “R1” Single-Family Residential district Section 10.15. ((Ord. No. 1749, 7/7/1988; Ord. No. 1974, 12/20/1990)

  • (i) The yard requirements of this Article and Chapter may be reduced by up to twentyfive (25) percent upon securing a minor use permit in each case. (Ord. No. 1749, 7/7/1988)

• 42.5 Yard exceptions for attached accessory buildings, porches, sundecks, landings, stairways, and solar energy systems:

  • (a) Where an accessory building is attached to the main building, it shall be structurally a part of and have a common roof or common wall with the main building, and shall comply in all respects with the requirements of this Chapter applicable to the main building.

  • (b) Open, uncovered, raised porches, decks, landing places or outside stairways may project not closer than four (4) feet to any side lot line, or ten (10) feet to any rear lot line.

  • (c) Sundecks to serve any story other than the ground floor may project not closer than four (4) feet to any side lot line or ten (10) feet to any rear lot line; provided that such sundeck shall not extend more than twenty (20) feet from the rear of the main structure.

  • (d) Solar energy systems attached to the south elevation of a principal building may encroach up to ten (10) feet into the required rear yard.

  • (e) Open, uncovered walkways not exceeding four (4) feet in width or thirty-six (36) inches in height may occupy any required yard area.

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• (a) Where four (4) or more lots in a block, in the same zoning district and on the same side of the street, have been improved with buildings (not including accessory buildings), the required front yard (setback) may be reduced to the average of the existing setbacks; provided that no such front yard shall be less than five (5) feet. If the block is more than 800 feet between intersections, only those parcels within 400 feet of both sides of the subject parcel shall be considered. Vacant lots shall be averaged at the required front yard (setback) line. Any improved lot shall not be averaged at a greater distance than the required yard. This section shall not be interpreted to reduce the required setback for a garage entrance.

• (b) Solar energy systems attached to the south elevation of a principal building may encroach up to six (6) feet into the required front yard.

• (c) Additions may be made to dwelling units within the required front yard, provided that such addition into the required front yard does not exceed the encroachment of the existing main structure. Additions proposed pursuant to this section which are within ten (10) feet of the front property line shall be subject to the approval of a minor use permit. (Ord. No. 1749, 7/7/1988)

• (a) Where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required side yard setback from the front setback line to such entrance, shall not be less than ten (10) feet.

  • (b) Additions may be made to dwelling units within the required side yards provided that such addition into the side yard does not exceed the encroachment of the existing main structure. In no case, however, shall the addition encroach closer than three (3) feet to the side lot line. (Ord. No. 2128, 1/14/1993)

• 42.8 Yard and setback exceptions for garages and carports; and sloping lots: (Ord. No. 2128, 1/14/1993)

  • (a) Detached garages and carports in any residential district accessory to a single-family residence may be located on the front one-half (1/2) of the lot, provided that it meets all front and side yard requirements applicable to a main building, is not less than three (3) feet from any dwelling on the same lot or an adjacent lot, and meets all other requirements of this Chapter as to location. (Ord. No. 1749, 7/7/1988; Ord. No. 2128, 1/14/1993)

  • (b) Garage or carport entrances when opening onto any front lot line shall be located not less than twenty (20) feet from said lot line. Garages or carports opening onto any rear or side lot line facing an alley shall be located not less than thirty (30) feet from the far side of the alley. Garage or carport entrances facing any rear or side interior lot line shall be located not less than twenty-five (25) feet from said line. (Ord. No. 1749, 7/7/1988; Ord. No. 1897, 12/7/1989)

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• (c) Where the slope of the front half of the lot is greater than one foot rise or fall in a distance of seven feet from the established street at the property line, or where the elevation of the lot at the street line is five feet or more above or below the established street elevation, a private garage or carport (attached or detached), open parking platform, or an outside staircase no wider than four (4) feet may be built to the front line, with no encroachment on required side yards. Any garage or carport constructed pursuant to this section shall be oriented towards a side lot line and shall contain a minimum backup area of twenty-five (25) feet. (Ord. No. 2128, 1/14/1993)

• (d) A detached carport may be located immediately adjacent to a single-family dwelling or mobile home. A detached private garage may be located immediately adjacent to a single-family dwelling or mobile home if the interior of the garage wall adjacent to the single-family dwelling or mobile home is constructed of materials approved for one-hour fire resistive construction. If there are openings in the single-family dwelling or mobile home wall adjacent to the garage wall, the garage shall be placed not less than three (3) feet from the adjacent single-family dwelling or mobile home wall. (Ord. No. 1749, 7/7/1988)

• (e) Repealed (Ord. No. 1749, 7/7/1988)

• (a) Accessory buildings in any residential district (other than a garage or carport) shall be located on the rear one-half (1/2) of the lot and at least three (3) feet from any dwelling existing or under construction on the same lot, or any adjacent lot; except as provided for in Sections 42.8(d) and 42.9(g). (Ord. No. 1749, 7/7/1988; Ord. 1897, 12/7/1989)

• (b) Accessory buildings shall not be located within three (3) feet of the side lot line of the lot or, in the case of a corner lot, shall not project beyond the required front yard or that required front yard existing on the adjacent lot. (Ord. No. 1749, 7/7/1988)

• (c) Detached accessory structures shall be kept at a distance no less than three (3) feet from the main building(s) or structure(s); except as provided for in Section 42.8(d). (Ord. No. 1749, 7/7/1988)

• (d) Swimming pools may be located on the front one-half (1/2) of the lot, but shall not be located less than five (5) feet from any interior side or rear lot line. Such pools are prohibited within the required front yard(s). (Ord. No. 1749, 7/7/1988)

• (e) Detached accessory structures and buildings in any residential district may be located within the required rear yard provided that they shall not be located less than three (3) feet from the rear lot line, and provided that accessory buildings within the required rear yard do not occupy more than thirty-five (35) percent of the width of the required rear yard. (Ord. No. 1749, 7/7/1988)

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• (f) Accessory structures that need not meet the setback requirements of this code include ground level sidewalks, stepping stones and pathways, curbs, traffic control berms, retaining walls of three (3) feet in height or less (walls greater than three (3) feet in height may be approved pursuant to Sections 42.11 and 42.14), balanced cuts and fills, importation of fill, light standards and similar ornamental or accessory structures or constructs; not including any dam or dam embankment. (Ord. No. 1749, 7/7/1988)

• (g) Wells and well houses may be located within a front yard or any required yard area provided they are at least three (3) feet from any property line. Propane tanks may be located within a front yard or any required yard area provided that they are located consistent with the Uniform Fire Code and the Uniform Building Code. When located within any front yard or required front yard, such structures may be screened from view. (Ord. No. 1897, 12/7/1989; Ord. No. 2172, 8/12/1993)

• (a) Accessory buildings, in any district except as noted within the various districts and Articles of this Chapter, may not exceed twenty (20) feet in height; however, upon the securing of a minor use permit, this height limit may be exceeded. (Ord. No. 1749, 7/7/1988)

• (b) Appurtenant structures attached to a principal or accessory building including chimneys, vents, towers, heating and cooling fans or other devices, may be erected to a fifteen (15) percent greater height limit than the limit established for the district in which the structure is located. (Ord. No. 2202, 11/25/1993; Ord. No. 2594, 7/25/2002)

• (c) Detached and attached appurtenant structures including silos, cupolas, flag poles, monuments, gas tanks, water tanks and those appurtenant structures listed in Section 42.10 (b) may exceed height limits upon the securing of a major use permit in each case. (Ord. No. 2594, 7/25/2002)

• (a) Fences, walls, and hedges not exceeding four (4) feet in height may be placed in the required front yard (setback) of an interior lot. Fences and walls in excess of three (3) feet in height but not higher than four (4) feet may occupy any required front yard of a corner lot, provided that the portion of the fence exceeding three (3) feet that is located within: 1) fifty (50) feet of the corner property line(s) or extended corner property line(s), or 2) from the edge of a prescriptive right of way, whichever provides the most unobstructed vision, is constructed of wire mesh, chain link or other material allowing unobstructed visibility. Fences, walls, and hedges exceeding four (4) feet but six (6) feet or less in height may be approved in the required front yard area upon first securing a minor use permit in each case if the Review Authority makes the following additional findings (Ord. No. 1749, 7/7/1988; Ord. No. 2128, 1/14/1993) :

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  1. Approval will not result in obstruction of sight distance so as to create or increase any traffic safety hazard. 

  2. The design of the project provides for off-street, on-site parking of one (1) vehicle in tandem to any gated vehicle entrance. **(Ord. No. 1749, 7/7/1988)** 

• (b) A maximum six (6) foot high fence, wall or hedge may be located within the required side or rear yard (setback) of an interior lot or corner lot. Fences, walls and hedges exceeding six (6) feet in height may be permitted in the required side or rear yard (setback) of an interior lot, or interior side of a corner lot, subject to the approval of a minor use permit in each case. (Ord. No. 1749, 7/7/1988; Ord. No. 2128, 1/14/1993)

• (c) Fences, walls, and hedges exceeding four (4) feet in height may not be placed within ten (10) feet of the front property line in the “C2” district. (Ord. No. 2128, 1/14/1993)

• (d) Fences, walls and hedges in excess of six (6) feet but not exceeding twelve (12) feet may be located around a tennis court anywhere on a lot, except in a required front yard (setback) adjacent to a street, subject to securing a minor use permit. (Ord. No. 2128, 1/14/1993)

• (e) The Review Authority or Development Review Committee may approve a maximum six (6) foot high wall or fence in any required front yard in any “C3”, “M1” or “M2” district. Walls or fences exceeding six (6) feet may be approved subject to first obtaining a minor use permit in each case. (Ord. No. 1749, 7/7/1988; Ord. No. 2128, 1/14/1993)

• 42.12 Height and yard exceptions for utility facilities: Utility distribution and transmission poles and towers are exempt from the maximum height and minimum yard regulations of this Chapter.

• 42.14 Height exceptions, general: The maximum height limitations of this Article and Chapter may be exceeded upon securing a major use permit in each case.

• (a) Swimming pools, open decks and appurtenant energy systems are exempt from the maximum lot coverage requirements of this Chapter. (Ord. No. 1749, 7/7/1988)

• (b) In the “R1” and “R2” districts, lots less than six thousand (6,000) square feet in area may be developed with single-story structures with a maximum lot coverage of forty (40) percent provided all other requirements of this Chapter are met. (Ord. No. 1749, 7/7/1988)

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• (a) Where the length of an existing parcel exceeds the length to width ratio of any district of this Chapter by a factor of two (2) or more, the Review Authority for a subdivision may approve lots longer than the required length to width ratio as long as the existing lot width is not reduced by more than twenty-five (25) percent.

• (b) The length to width ratio limitations of this Article and Chapter may be exceeded upon securing a major use permit in each case. The Review Authority approving such a request shall in addition to the findings of Section 51.4 find that strict adherence to this standard would result in increased environmental impacts or poor usability of resulting parcels, or physical features such as watercourses, ridges, and existing roads are to be utilized as boundaries.

• 42.21 Purpose: These regulations are adopted to provide for adequate building setbacks from State highways and other roads in the County of Lake. (Ord. No. 1749, 7/7/1988)

• (a) Master Plan of Streets and Highways means that certain portion of the General Plan of Lake County, California, which consists of a map and text, and shows the location of existing and proposed major thoroughfares in said County.

• (b) Official setback lines refers to lines established as set forth in Section 42.20, and located at specified distance on either side of a line midway between the right-ofway, easement, or side property lines of any road, if there is no right-of-way or easement, the centerline of the traveled surface of said road, or any centerline established by resolution of the Board of Supervisors.

• (c) Precise Plan means such rules and regulations as set forth in Section 42.20 of this Article and such other maps, rules, and regulations which are or may be adopted to protect and carry out the “Master Plan of Streets and Highways.”

• (d) Road means any street, way, lane, avenue, county road, road or state highway in the County of Lake.

• (e) Structure means that which is built or constructed: an edifice or building of any kind, any piece of work, including swimming pools, retaining walls, stairways and any underground storage facility in excess of one thousand (1,000) gallons capacity; provided, however, “structure” shall not include: any structure or building existing on the effective date of Section 42.20; public utility distribution lines; wells; septic tanks; trees, garden or agricultural crops; wire fences or similar fences which are largely transparent; solid fences under three (3) feet in height; structures established by governmental agencies; signs and movable awnings attached to the face of a building and projecting not more than eight (8) feet beyond the official setback line, provided that the lowest part of such sign or

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awning and all supporting members shall be not less than eight (8) feet above the ground immediately below.

• 42.23 Master Plan: There is hereby adopted a Master Plan of Streets and Highways, said plan being the Circulation Plan of the Lake County General Plan, consisting of the following parts of the Lake County General Plan:

  • (a) The Circulation Plan, Figure IV-11, page IV-47; and

  • (b) Lake County Road Standards, Table 10-9, page IV-48; and

  • (c) Pages IV-46 to IV-50.

• 42.24 Precise Plan: Based on said Master Plan, there is hereby adopted a Precise Plan of Streets and Highways. The following State highways and County roads, together with the official setback lines indicated below, are hereby declared to be the “Precise Plan” for roads and highways of the County of Lake:

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• (a) No structure shall hereafter be moved, erected or structurally altered so as to be closer to any road than the distance specified by the official setback lines established by Section 42.20.

• (b) In the event that this Article imposes greater setbacks on certain properties than those imposed by the zoning regulations of the County of Lake or by building setback lines on any subdivision map, then the provisions of this Article applicable to setbacks on such properties shall apply.

• (c) No official setback lines, as established herein, shall be interpreted as permitting any encroachment of any building structure, fence or any other device within any road right-of-way.

• (d) The setback provisions of this Article shall not apply to structures built adjacent to any road in areas where the topography of land adjacent to the road is steeper than plus twenty (20) feet vertical per one hundred (100) feet of horizontal distance measured from the edge of the traveled way.

• (a) The official setback lines of Section 42.20 may be lessened by the Planning Director in established community business districts along the highways and roads identified in Section 42.26(b) when the Planning Director finds that any of the following conditions exist:

  1. Existing development in the vicinity does not meet the requirements of the official setback line.

  2. The development proposed will replace a building structure or use existing on the effective date of this Ordinance.

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3. On properties not developed on the effective date of this Ordinance, adherence to the official setback line would substantially restrict the development potential of the property, and result in setbacks significantly greater than existing development on adjacent lots.

• (b) Community business districts: In the following areas the official setback lines may be reduced to those of the base zoning district on both sides of the roads unless indicated otherwise:

  1. On Hwy. 20:

     • i. From 300 feet west of Mendenhall to 500 Upper Lake feet east of Government Street on the north side of Hwy. 20. (Ord. No. 1897, 12/7/1989)

     • ii. Lucerne

     • ii. Foothill Drive to Country Club Drive. iii. From Sayre Avenue to Lakeshore Drive. Nice

     • iv. From Island Drive to High Valley Road and Clearlake on the south side of Hwy. 20 from High Oaks Valley Road to Keys Blvd.

  2. On Hwy. 175: From Hwy. 29 to Big Canyon Road. Middletown

  3. On Hwy. 53: From the junction of Hwys. 29 and Lower Lake 53 to 650 feet north on the west side and 1,100 feet on the east side. (Ord. No. 1897, 12/7/1989)

  4. On Hwy. 29: From Hill Avenue to Wardlaw Street Middletown 5. On Morgan Valley Road: From Hwy. 53 to 300 feet Lower Lake east of Mill Street.

• (a) Any sign existing on the effective date of Section 42.20., and not otherwise allowed by Section 42.22(e) of this Article, which sign is within any official setback line established herein, may be remodeled, reconstructed or replaced, provided that a development review permit is first secured from the Development Review Committee subject to the following conditions:

  1. No part of any sign shall encroach any further into the setback area than the existing sign.

  2. The sign shall be removed by the owner thereof at no expense to the State of California, the County of Lake, or any other public agency, in the event that the area of encroachment is required for street widening or any other public purpose.

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• (b) Application for the development review permit required by this Section shall be accompanied by plans and drawings sufficient to demonstrate that the sign applied for shall not constitute a hazard to vehicular or pedestrian traffic.

• (c) A decision of the Development Review Committee made pursuant to this Section may be appealed to the Planning Commission in accordance with the provisions of Section 58.10 et. seq. of this Chapter. (Ord. No. 1749, 7/7/1988)

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