LAKEPORT >> The Lake County Community Development Department released the first draft of an ordinance that, if enacted, would allow the survivors of all three summer fires to rebuild destroyed homes without conforming to the current county zoning code.
According to Interim Community Development Director Scott DeLeon, county staff modeled the ordinance after one in Napa County that dealt with similar issues in the wake of the Atlas Peak Fire of 1981. That measure permitted legal non-conforming structures to be rebuilt as long as the property wasn’t transferred or abandoned and the project’s scope remained the same size.
Community Development staff used similar language and, with assistance from County Counsel staff, also added preventions of additional structures and changes from the original structure.
“It allows folks to simply rebuild what they had,” DeLeon said. “It doesn’t enable changes from the previous structure or allow additional structures that were not present prior to the fire.”
Specifically targeted are those survivors whose houses couldn’t conform to setback limits from property lines or were less than the 720 square foot minimum. But other exceptions were kept in mind, such as businesses that are on properties now zoned in a residential area.
District 3 Supervisor Jim Steele inquired if this legislation further dealt with state environmental requirements like septic tank distances from waterways.
DeLeon said no, explaining that owners — including those in Anderson Springs — will have to individually deal with the state’s regulatory agencies to seek exceptions.
“This is specific to setbacks and sizes,” he added.
But for survivors that fail to meet minimum setback distances, it’s not that simple. In fact, the county is asking them to conform if it’s possible.
“We’re going to ask them to make an effort to comply with the legal setbacks,” he said. “What we’re going to be looking for is physical constraints.”
The BOS unanimously supported the draft, which would be known as Zoning Ordinance 59.10. The final ordinance will be brought back to board at a later meeting.
