Chapter 17.61 — ACCESSORY DWELLING UNIT REGULATIONS

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. Accessory dwelling units (ADU) may exceed the allowable density for the lot upon which the ADU is located and are a residential use that is consistent with the existing general plan and zoning designation for the lot.

(Ord. No. 18-03, 9-26-18)

This purpose and objective of this chapter is to contribute needed housing to the community housing stock and establish reasonable standards for the development of ADU's on all lots that already contain one legally created residential unit.

(Ord. No. 18-03, 9-26-18)

The following standards shall apply to the establishment of accessory dwelling units:

A.

Accessory Structures within Existing Space. An ADU within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the section if complying with:

1.

Building and safety codes.

2.

Independent exterior access.

3.

Sufficient side and rear setback for fire safety.

B.

Accessory Dwelling Unit Attached and Detached.

The ADU may be rented separate from the primary residence 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.

2.

The lot is zoned to allow residential uses that include an existing or proposed single-family dwelling.

3.

The ADU shall be located on the same lot as the existing dwelling.

4.

The floor space of an attached ADU shall not exceed fifty percent of the proposed or existing primary dwelling living area or one thousand two hundred square feet.

5.

The total area of floor space for a detached ADU shall not exceed one thousand two hundred square feet.

6.

The minimal parcel size that an ADU may be located on is seven thousand square feet.

7.

A passageway shall not be required in conjunction with the construction of an ADU.

8.

No setback shall be required for an existing garage that is converted to an accessory dwelling, and a setback of no more than five feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.

9.

An ADU shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

10.

If an ADU is detached, a ten-foot separation between the primary residence and the secondary residence is required.

11.

Parking requirements for ADUs shall not exceed one off-street parking space per unit. These spaces may be provided as tandem parking on a driveway, or in setback areas, excluding the non-driveway front yard setback.

Additional parking is not required to support an ADU that meets any of the following:

a.

The ADU is located within one-half mile of public transit, including transit stations and bus stations.

b.

Is within an architecturally and historically significant historic district.

c.

Is part of an existing primary residence or an existing accessory structure.

d.

Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.

e.

When there is a car share vehicle located within one block of the ADU.

13.

When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU, replacement parking shall not be required and may be located in any configuration on the same lot as the ADU.

14.

Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

15.

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 structure.

16.

The city shall require a new or separate utility connection for exterior ADUs, subject to a connection fee or charge that is based on the ADUs size or the number of its plumbing fixtures.

17.

No ADU shall exceed two stories or twenty-five feet in height.

The ADU shall be constructed in accordance with provisions of the latest editions of the building codes.

(Ord. No. 18-03, 9-26-18)

ADUs shall be permitted ministerially, in compliance with this chapter within one hundred twenty days of application. The building official shall issue a building permit to establish an ADU in compliance with this chapter if all applicable requirements above are met. The community development director may approve an ADU that is not in compliance with the above requirements as set forth in the review process below.

(Ord. No. 18-03, 9-26-18)

An ADU that does not comply with the applicable standards listed in this article may be permitted with a site plan review permit at the discretion of the community development director subject to the findings listed in the section below.

A.

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 adequate off-street parking or other alternative parking is available to support the ADU.

4.

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.

(Ord. No. 18-03, 9-26-18)

Chapter 17.62 - APARTMENT COMPLEX REGULATIONS

Sections:

The provisions of this chapter shall be known as the "apartment complex regulations." These provisions apply to uses classified as multifamily residential.

(Ord. 82-4 §3 (part)).

The purpose and objective of this chapter is to set reasonable minimum standards for the development of well-designed apartment buildings or dwelling groups containing five or more dwelling units.

(Ord. 82-4 §3 (part)).

A.

Interior Access Drives. Interior private access drives shall be paved with a minimum of two inches of asphaltic cement over six inches of compacted base, and shall be paved to a width of not less than sixteen feet for one-way traffic, twenty-five feet for two-way traffic. All corners shall have a minimum twenty-fivefoot radius.

B.

Open Space.

1.

At least one substantial area of group usable open space shall be provided. Such area shall:

a.

Total at least one hundred fifty square feet per dwelling unit; required setbacks shall not be considered open space;

b.

Be landscaped;

c.

Include outdoor recreational facilities for both active and passive recreation.

2.

Private open space areas shall be provided as follows:

a.

Above Ground Level. Sixty square feet, the least dimension which is seven feet;

b.

Ground Level. One hundred twenty square feet, the least dimension of which is ten feet and which is enclosed by a view-obscuring fence four to six feet in height; a "private open space" shall be an area contiguous to the individual dwelling unit which allows its occupants the personal use of an outdoor space; each dwelling unit shall have at least one private open space;

c.

Refuse Storage. There shall be adequate areas provided for refuse storage. Such refuse storage areas shall be screened from view by a six-foot-high solid fence, and shall be no more than one hundred feet from any residence;

d.

Access. Each apartment complex shall have direct vehicular access from a publicly maintained street. This requirement does not apply to the expansion of an existing apartment complex when adequate access is obtained through the existing portion of the apartment complex;

e.

Storage Areas. Storage areas of a minimum of fifty cubic feet shall be provided for each dwelling unit. These shall be of a type and design to provide secure storage, accessible from the ground level in the vicinity of resident parking stalls.

(Ord. 82-4 §3 (part)).

Chapter 17.63 - EMERGENCY SHELTER REGULATIONS

Sections:

The purpose of these standards is to ensure that the development of shelters for the homeless do not adversely impact adjacent parcels or the surrounding neighborhood and shall be developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses, while providing for the housing needs of a vulnerable segment of the community and complying with state law.

(Ord. No. 18-03, 9-26-18)

The following standards shall apply to shelters for the homeless:

A.

General Standards.

1.

Emergency shelter facilities shall comply with all federal and California State licensing requirements.

Emergency shelter facilities shall comply with all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.

3.

No parcel with an emergency shelter shall be established closer than three hundred feet from another parcel with an emergency shelter use.

4.

Exterior lighting shall be provided to adequately illuminate all sides of the building housing the emergency shelter to allow for security to monitor the building.

5.

Emergency shelters shall have a designated outdoor smoking area that is not visible from a public street.

6.

Emergency shelters shall provide secure storage areas for its intended residents' personal property.

7.

The shelter shall have set hours of operation and the hours shall be posted in a publicly visible and accessible location on a sign that is no larger than three square feet.

8.

The shelter may provide the following services and facilities to occupants in a designated area separate from the sleeping areas:

a.

A recreation area either inside or outside the shelter. If located outside, the area shall be screened from public view.

b.

A counseling center for job placement, educational, health care, legal, or mental health services.

c.

One or more kitchens for the preparation of meals.

d.

Dining hall.

e.

Other similar services supporting the needs of homeless occupants.

B.

On-site Management.

1.

The emergency shelter provider shall have a written management plan to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Minimum standards and practices in the plan shall be as follows:

a.

The emergency shelter shall be operated by a responsible agency or organization, with experience in managing or providing social services.

b.

The emergency shelter shall have an identified administrator and representative to address community concerns.

c.

The emergency shelter shall provide at least one responsible on-site supervisor at all times for every ten occupants.

d.

Residents shall be evaluated by persons experienced in emergency shelter placement.

e.

Medical assistance, training, counseling, and personal services essential to enable homeless persons to make the transition to permanent housing may be provided, with or without meals, as an incident to the operation of an emergency shelter.

f.

Referral services shall be provided to assist residents in obtaining permanent housing and income. Such services shall be available at no cost to residents of a shelter.

g.

All emergency shelters shall be maintained in a safe and clean manner and free from refuse or discarded goods.

C.

Security.

1.

A minimum of one supervisory level staff member must be present on the site during hours of operation. Operator(s) must ensure that loitering does not occur on the property during off-hours and must ensure that clients are not loitering, littering, or otherwise creating a nuisance to the neighborhood. If a client is socially disruptive or is responsible for creating any type of nuisance to neighborhood or facility, the operator must discharge the client and notify the Willits police department.

D.

Maximum number of beds per person.

1.

The maximum number of beds does not apply in situations of citywide or statewide designated disasters or catastrophic conditions.

2.

The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall not exceed ten persons.

E.

Off-street parking.

1.

Off-street parking shall be required based upon demonstrated need, but not to exceed parking requirements for other residential or commercial uses within the same zone.

F.

Noise.

1.

For the purposes of noise abatement in residential districts, outdoor activities may only be conducted between the hours of 8:00 a.m. to 10:00 p.m. The shelter shall comply with the city's applicable noise regulations at all times.

(Ord. No. 18-03, 9-26-18)

Chapter 17.64 - MOBILE HOME PARK REGULATIONS

Sections:

The provisions of Sections 17.64.010 through 17.64.040, inclusive, shall be known as the "mobile home park regulations." These provisions apply to uses classified in the mobile home park use type. (See Chapter 17.06, Group 2d.)

(Ord. 82-4 §3 (part)).

The purpose and objective of this chapter is to recognize mobile homes as an alternative means of providing additional affordable housing to the city's housing stock, and to set reasonable standards for the development of well-designed mobile home parks.

(Ord. 82-4 §3 (part)).

Development criteria for mobile home parks includes:

A.

Setbacks: Perimeter. Mobile homes and buildings within a mobile home park shall maintain the following setbacks:

1.

A side yard and rear yard setback of at least fifteen feet from the exterior boundary of the mobile home park, suitably landscaped to provide effective screening;

2.

A setback of twenty feet shall be maintained from the nearest edge of the street right-of-way;

B.

Interior Access Drives. Interior private access drives shall be paved with a minimum of two inches of asphaltic cement over six inches of compacted base, and shall be paved to a width of not less than sixteen feet for one-way traffic, twenty-five feet for two-way traffic. All corners shall have a minimum twenty-fivefoot radius. Rolled concrete curb and gutter shall be provided along all drives;

C.

Open Space.

1.

At least one substantial area of group usable open space shall be provided. Such area shall:

a.

Total at least one hundred fifty square feet per dwelling unit; required perimeter setbacks shall not be considered open space;

b.

Be landscaped;

c.

Include outdoor recreational facilities for both active and passive recreation;

D.

Refuse Storage. There shall be individual refuse storage and pickup for each lot. In addition, there shall be one refuse-storage facility for every twenty-five lots; these shall be screened from view by a six-foot-high solid fence, and located a minimum of fifty feet from the nearest mobile home;

E.

Emergency Access. Provisions shall be made for one emergency access into the mobile home park in addition to the primary ingress and egress point;

F.

Access. Each mobile home park shall have direct vehicular access from a publicly maintained street. This requirement does not apply to the expansion of an existing mobile home park when adequate access is obtained through the existing portion of the mobile home park.

(Ord. 82-4 §3 (part)).

Development criteria for mobile home lots includes:

A.

Density of Occupation. Each mobile home lot shall be designed to be occupied by one mobile home and uses accessory thereto. The overall density of the mobile home park shall conform to R3 density requirements.

B.

Setback From Interior Access Drive. Each mobile home lot shall have a front yard setback of not less than five feet extending the entire width of the mobile home lot. A front yard will be measured from the nearest element of the mobile home or any mobile home accessory structure to the closest edge of the interior access drive.

C.

Side and Rear Yard Setbacks. Each mobile home lot shall have a side and rear yard of not less than five feet, with the exception that storage sheds shall be set back a minimum of six inches from the rear and side lot lines. A side or rear yard will be measured from the nearest element of the mobile home or any accessory structure, with the exception stated above, to the side or rear lot line respectively.

D.

Access. All mobile home lots and recreation facilities shall have access only from an interior access drive.

(Ord. 82-4 §3 (part)).

Chapter 17.65 - REASONABLE ACCOMMODATIONS POLICY AND PROCEDURES

Sections:

The purpose of this chapter is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (together, the acts) in the application of zoning laws and other land use regulations, policies, and procedures.

(Ord. No. 18-03, 9-26-18)

A.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity when the application of a requirement of this Zoning Code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the acts.

B.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and/or use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

D.

A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.

(Ord. No. 18-03, 9-26-18)

17.65.030 - Procedures.

A.

Application. A request for reasonable accommodation shall be submitted on an application form provided by the community development department or in the form of a letter to the community development director, and shall contain the following information:

1.

The applicant's name, address, and telephone number;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The basis for the claim that the individual is considered disabled under the acts;

5.

The Zoning Code provision, regulation, or policy from which reasonable accommodation is being requested; and

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (conditional use permit, etc.), then the applicant shall file the information required by subsection "application" above together for concurrent review with the application for discretionary approval.

(Ord. No. 18-03, 9-26-18)

A.

A request for reasonable accommodation shall be reviewed by the community development director if no approval is sought other than the request for reasonable accommodation.

B.

A request for reasonable accommodation submitted for concurrent review with a discretionary land use application (i.e. use permit) shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. No. 18-03, 9-26-18)

17.65.050 - Request for reasonable accommodations review.

A.

The community development director shall make a written determination within forty-five days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

B.

The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

(Ord. No. 18-03, 9-26-18)

17.65.060 - Approval findings.

The written decision to grant or deny a request for reasonable accommodation will be consistent with the acts and shall be based on consideration of the following findings:

A.

The housing in the request is used by an individual considered disabled under the acts;

B.

The request for reasonable accommodation is necessary to make specific housing available to an individual considered disabled under the acts;

C.

The requested reasonable accommodation would not impose an undue financial or administrative burden on the city;

D.

The requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

E.

The request does not have the potential to impact surrounding uses;

F.

The request is due to the physical attributes of the property and structures; and

G.

There are no other reasonable accommodations that may provide an equivalent level of benefit.

(Ord. No. 18-03, 9-26-18)

In granting a request for reasonable accommodation, the city may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

(Ord. No. 18-03, 9-26-18)

Chapter 17.66 - SUPPLEMENTAL PROVISIONS

Sections:

The purpose of this chapter is to establish the relationship between adjacent uses and surrounding land uses and the criteria for regulating these uses.

(Ord. 85-23 §3 (part)).

In addition to the principal and accessory uses expressly included in the use regulations, each zone subject to such use regulations shall be deemed to include such accessory uses which are specifically identified by these accessory use regulations, and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental and subordinate to, such principal uses.

(Ord. 85-23 §3 (part)).

Subject to the restrictions and limitations specified, the following accessory buildings and uses shall be permitted in zones where residential uses exist as a principal permitted use, conditional use, or legal nonconforming use:

A.

1.

Limited Agriculture. Incidental agricultural uses for the growth and harvesting of products including:

a.

Raising of vegetable and flower gardens and the harvesting of fruit and nut bearing trees,

b.

Greenhouses for the propagation of plants, not to exceed two hundred square feet in size,

2.

Limited agriculture does not include the raising, breeding or keeping of any livestock on the premises other than household pets as defined in subsection B;

3.

No sale of any agricultural products is permitted;

B.

Household Pets. Animals or fowl ordinarily permitted in the house and kept for pleasure or company and not for profit, such as dogs, cats or canaries, but not more than two dogs each four months of age or older, and not to exceed three cats six weeks of age or older. Household pets may also include not more than twelve chinchillas, twelve hamsters, twelve white mice or other laboratory animals; provided, that not more than four kinds of household pets may be kept for any dwelling unit at any one time;

C.

Small Animals. Not more than six adult rabbits and/or hares, and domestic fowl (hens only), providing not more than twelve of any one combination of such animals, and fowl may be maintained on a parcel;

D.

Private Garage. An accessory building or portion of a main building designed for the storage of selfpropelled passenger vehicles, camping trailers or boats belonging to the owners or occupants of the site;

E.

Children's playhouses, patios, porches, gazebos, etc.;

F.

Radio and television receiving antennas;

G.

Boarding of one or two individuals;

H.

Vehicle and Equipment Repairs or Fabrication. Repair, fabrication or other work on automobiles, other vehicles or equipment on residential premises shall be subject to the following conditions and restrictions:

Such work shall be limited to those vehicles or equipment which may be stored within a private garage upon residential premises,

2.

Such work shall be done only upon such vehicles or equipment which are owned by an occupant of the residential premises,

3.

Such work shall be done only between the hours of eight a.m. and ten p.m.,

4.

Such work shall not be done in a public right-of-way,

5.

Storage of parts for such vehicles or equipment on the premises shall be limited to those parts reasonably necessary for repair of the occupant's vehicle or equipment. Parts which cannot be conveniently located within an enclosed structure shall be screened from view from the public way and adjacent property, and may not occupy any required open space prescribed elsewhere in this title,

6.

Notwithstanding anything to the contrary herein, no such work shall be permitted which creates a nuisance, as defined in Section 8.20.010 of this code, or which otherwise tends to deteriorate the environment, peace, tranquility and enjoyment of the residents in the surrounding neighborhood,

7.

Flammable liquids shall not be used in any building or residential premises in connection with such work, and no welding or torch cutting may be done anywhere on such premises except by permit obtained from the city fire marshal. All such work will be conducted in conformance with the applicable provisions of the fire code, Chapter 15.16 of this code.

(Ord. 85-23 §3 (part)).

A.

A home occupation shall be defined as an activity which is clearly incidental and secondary to the use of a dwelling for residential purposes.

B.

Home occupations shall be permitted only after a home occupation permit has been issued by the planning director, and a business license secured from the city finance department.

C.

A home occupation shall not change the residential character of either the dwelling or the surrounding neighborhood.

D.

A home occupation shall be conducted entirely within a dwelling, and shall not be permitted in any accessory structure or within any yard space.

E.

A home occupation shall be operated and maintained only by a resident of the dwelling in which such home occupation occurs, and, there shall be no employees.

F.

A home occupation shall not have a separate entrance from outside a dwelling.

G.

A home occupation shall not involve the use of more than one room or fifty percent of the ground floor areas of a dwelling unit, whichever is greater.

H.

A home occupation shall not utilize mechanical or electrical equipment except that which is customary for purely domestic or hobby purposes.

I.

No home occupation shall be operated in such a manner as to cause offense noise, vibration, smoke, or other particulate matter, odorous matter, heat, humidity, glare, electronic interference, or constitute a nuisance or safety hazard.

J.

No wholesale, jobbing, or retail business shall be permitted unless it is conducted entirely by mail and/or telephone; provided, however, that articles produced by the members of the immediate family residing on the premises may be sold upon the premises.

K.

No outdoor storage of materials used to conduct a home occupation shall be permitted.

L.

A home occupation shall not be permitted to generate vehicular traffic and parking beyond that normal to the zoning district in which it is located.

M.

No sign, nameplate, or any other form of advertising shall be displayed on the premises in connection with any home occupation.

N.

In no event shall a home occupation be interpreted to include an animal hospital or kennel; automobile and/or body and fender repairing; barber or beauty shop; business, dance, or music school; doctor or dentist office; mortuary; private club; repair shop or service establishment; or restaurant or tourist home.

(Ord. 85-23 §3 (part)).

The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or households shall be permitted only within a zoning district in which a new building for similar occupancy would be permitted in accordance with the provisions of this chapter. Further, such a conversion shall be permitted:

A.

Only after a zoning site plan review or conditional use permit has been obtained;

B.

Only when the resulting occupancy will comply with the requirements governing new residential construction in the affected zoning district with respect to minimum requirements for lot size, setbacks, offstreet parking, etc.

(Ord. 85-23 §3 (part)).

The following minimum distances between main or principal buildings in a dwelling group shall be as follows:

A.

Minimum distance of twenty feet between one story parallel buildings, and thirty feet between two story parallel buildings, with an increase of six feet of further separation for each additional story of building height.

B.

Minimum distance of twelve feet between one or two story buildings in a single row, with an increase of six feet of further separation for each additional story of building height.

(Ord. 85-23 §3 (part)).

17.66.070 - Temporary land uses.

A.

Carnivals, circuses, fairs, festivals, animal displays, amusement rides, and other similar gatherings shall be permitted in any nonresidential zoning district for a maximum ten day period of time upon the approval of a zoning permit application by the planning director.

B.

Temporary sales offices, those which are open to the general public, shall be permitted within a residential subdivision for a maximum one-year period of time by the planning director.

1.

If such offices are detached and separate from a dwelling group, for instance, a mobile home which has been converted for sales office purposes, they shall be located at least one hundred feet from an existing residential dwelling unit, and, shall be connected to on-site water and sewer utility hook-ups.

C.

Christmas tree sales lots shall be permitted only within the administrative office (CO), community commercial (C1), and heavy commercial (C2) zoning districts. Further:

1.

Such lots shall be permitted to be established by the planning director only between Thanksgiving and New Years;

2.

Such lots shall be restricted only to the sale of Christmas trees;

3.

Such lots shall be permitted to display signs only in accordance with the provisions of the Willits sign ordinance.

D.

Seasonal uses including the temporary display and sale of crops, fruits or vegetables shall be permitted in the administrative office (CO), community commercial (C1), and heavy commercial (C2) zoning districts by the planning director. Further, such uses shall:

1.

Be permitted for no more than four nonconsecutive seven-day periods in a calendar year;

2.

Such uses shall be permitted to display signs only in accordance with the provisions of the Willits sign ordinance.

E.

Peddlers and hawkers shall be permitted business uses in all zoning districts by the planning director. Further, such businesses shall:

1.

Be permitted for no more than four nonconsecutive seven-day periods in a calendar year;

2.

Such uses shall be permitted to display signs only in accordance with the provisions of the Willits sign ordinance.

F.

Temporary construction offices shall be permitted for a maximum one-year period of time by the planning director.

G.

Temporary commercial and administrative office buildings may be permitted for a maximum two-year period of time only upon approval of a conditional use permit application by the city planning commission.

(Ord. 85-23 §3 (part)).

17.66.080 - Moving of buildings.

A.

No buildings whether now in use or formerly used for residential, commercial, or industrial purposes, shall be permitted to be physically moved from a lot within Willits, or, from a lot outside the city, to a lot within the city, unless said building and its placement on a lot of record can meet all of the minimum provisions of the zoning district in which it is to be located.

B.

Upon the filing of a zoning permit application to move a building, the planning director shall refer said application to the building official. He shall then be responsible for making an inspection of the building to be moved, and prepare a report concerning the integrity of such building and any improvements which will be required to be made. The building official may recommend denial of a zoning permit if, in his opinion, the construction, age, or condition of the building to be moved raises doubts as to its structural integrity, or, if the proposed building to be moved is sufficiently heavy to cause damage to any street or pavement within the city.

C.

Prior to issuing a zoning permit, the planning director shall determine that the moving of said building will have no detrimental effect on the living environment of the surrounding neighborhood, or upon the property values in said neighborhood.

(Ord. 85-23 §3 (part)).

Public utility services are uses associated with minor public utility service. These uses shall be permitted in all zoning districts, provided that the utility services available service the neighboring area only:

A.

Electrical distribution lines;

B.

Minor incidental appurtenances to utility lines;

C.

Sewer lines;

D.

Telephone lines;

E.

Water or gas pipes, mains and conduits.

(Ord. 85-23 §3 (part)).

17.66.100 - Outside storage of trash.

A.

With the exception of single-family detached, duplex and triplex residences, all outdoor storage facilities for fuel, raw materials, trash and/or waste products shall be enclosed by a four-sided screened fence or wall, or combination thereof, so as to completely conceal such matter from surrounding land uses.

B.

All outside areas used for the storage of trash shall be constructed with a concrete floor and curb.

C.

In no case shall such facilities be permitted to be placed within a required front yard.

D.

All trash enclosure areas shall be surrounded by a five-foot-high fence or wall.

(Ord. 85-23 §3 (part)).

Whenever an official plan line has been established for any street, required yards shall be measured from such a line.

(Ord. 85-23 §3 (part)).

Manufactured homes, as defined in Section 17.04.1025, shall be permitted within the single-family residence (R1) zone only when all of the following findings can be made:

A.

All development standards, to include but not be limited to, setbacks, covered parking, lot coverage, installation of curb, gutter and sidewalk, and undergrounding of utilities have been met;

B.

The proposed manufactured home has been certified by the state under the National Mobile Home Construction and Safety Standard Act of 1974;

C.

The proposed manufactured home will be installed on a permanent foundation subject to the approval of the building inspector;

D.

The proposed manufactured home will not be finished with metal siding.

(Ord. 88-1 §2 (part)).

Chapter 17.67 - DENSITY BONUSES

Sections:

The purpose of this section is to implement state law regarding the granting of density bonuses and other incentives for certain residential projects and to promote the construction of affordable housing within the city to meet the targets for moderate, low and very low income households in the city of Willits housing element.

(Ord. No. 18-03, 9-26-18)

Pursuant to Government Code Section 65915, when a developer proposes to construct a housing development of at least five dwelling units, of which a certain percentage (excluding any bonus units) will be limited to occupants meeting specified criteria set forth in Government Code subsection 65915(b); and/or when the proposed project meets other specified criteria in Government Code subsections 65915(h)

or (i), the project shall be eligible for a density bonus (see Table 17.67-A) and at least one concession or incentive.

(Ord. No. 18-03, 9-26-18)

A.

Density Bonus Allowance for Housing Development Projects with Affordable Housing Component. As demonstrated in Table 17.67-A the amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable units offered by the applicant exceeds the percentage of the minimum affordable housing component; the applicant may also elect to accept a lesser percentage of density bonus. (Gov. Code § 65915(f).)

All density calculations resulting in fractional units shall be rounded up to the next whole number. (Gov. Code § 65915(f)(5).)

Table 17.67-A:

B.

Regulatory Concessions and Incentives.

1.

When a project meets any of the criteria described in Table 17.67-A, the city shall grant a density bonus and one or more concessions or incentives, as defined in Government Code Section 65915 and subject to the requirements of Government Code Section 65915, provided that such concessions or incentives are required to make the proposed housing units economically feasible.

2.

Neither this subsection nor state law limits or requires the provision of direct financial incentives from the city for a qualifying project, including the provision of publicly-owned land by the city or the waiver of city fees or dedication requirements.

(Ord. No. 18-03, 9-26-18)

The developer of a housing development for which a density bonus is granted under section (a) shall enter into either a development agreement pursuant to California Government Code Section 65865 et seq. or other recorded density bonus agreement satisfactory to the city which guarantees that the targeted units will be provided by the developer and will remain available to the targeted persons or households for the applicable period deemed appropriate by the city council in conformance with state law. The agreement shall identify the means by which such continued availability will be secured and the procedures under which the targeted units will be rented and/or sold during such period, and may contain other terms and provisions, not inconsistent with Government Code Section 65915, that the city may require.

(Ord. No. 18-03, 9-26-18)

17.67.050 - Application for density bonus.

A.

Application.

1.

The developer of a proposed residential development seeking a density bonus shall file an application with the community development department for approval of such on a form specified by the community development director, and shall be accompanied by all maps, plans and other information deemed necessary by the community development director.

2.

An application shall be accompanied by a fee established by the city council.

3.

An application for a density bonus and any additional concession or incentive shall include the following information:

a.

The provisions of Government Code Section 65915 under which the density bonus is sought and the size of the density bonus requested, expressed as a percentage of the maximum number of units allowed by the zoning district and general plan designation within which the project is located.

b.

Identification of the requested regulatory concession or incentive.

c.

Specific information and data concerning the proposed development which establishes that the regulatory concession or incentive sought by the applicant is necessary to make the housing units economically feasible.

d.

Evidence of consultation with the appropriate decision-making body regarding any proposed concession or incentive or provision of publicly-owned land.

e.

Such other pertinent information as the community development director may require to enable the city to adequately analyze the economic feasibility of the project with respect to the requested concession or incentives.

f.

An offer to enter into the density bonus agreement required by subsection 17.67.030(C) to guarantee the reservation of the targeted units.

(Ord. No. 18-03, 9-26-18)

17.67.060 - Process for approval or denial.

A.

Process for Approval. The density bonus and incentives and concessions request shall be considered in conjunction with any necessary development entitlements for the project. The designated approving authority for the project shall be the city council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement. The form and content of the density bonus agreement shall be determined by the city.

B.

Approval Required Unless Denial Findings Made. The city shall grant the incentives and concessions associated with the density bonus and requested by the applicant, unless the city makes a written finding, based upon substantial evidence, of either of the following:

1.

The incentive or concession is not required in order to provide for affordable housing costs or affordable rents;

2.

The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

(Ord. No. 18-03, 9-26-18)