No use of land or structures shall be established, constructed, reconstructed, altered, expanded, allowed or replaced unless the use of land or structures complies with the following requirements.
A. Allowable Use.
The land use shall be identified by 16.08 (Residential Districts), 16.10 (Commercial Districts), 16.11 (Office Districts), 16.12 (Business Park and Industrial Districts), 16.13 (Innovation District), 16.14 (Special Purpose Districts), or 16.16 (Combining and Overlay Districts) as being allowable in the zoning district applied to the site.
B. Permit Requirements.
Land use permits required by this development code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in 16.02.020 (Exemptions from Land Use Permit Requirements).
C. Development Standards.
Uses and/or structures shall comply with the applicable development standards of this development code, including Article II (Zoning Districts and Allowable Land Uses), and the provisions of Article III (Site Planning and General Development Standards), and other city standards and policies related to the use and development of land.
D. Exceptions to Development Standards.
The development standards contained herein may be waived or modified as part of the development plan or conditional use permit process if it is determined that the standard is inappropriate for the proposed use, and that the waiver or modification of the standard will not be contrary to the public health, safety, and general welfare.
E. Conditions of Approval.
Uses and/or structures shall comply with all conditions imposed by a previously granted land use permit.
F. Development Agreements.
Uses and/or structures shall comply with an applicable development agreement approved by the city in compliance with 16.54 (Development Agreements) or by Riverside County prior to city incorporation, even if in conflict with this development code.
G. Other Development Policies.
The city may adopt policies separate from this development code that may effect the use and development of land. All applicable policies, standards, and procedures related to land development shall apply when appropriate as determined by the review authority.
(Ord. 559-20 § 3, 2020; Ord. 492 Exhibit 2, 2014; Ord. 182 § 2 (part), 1997)
The land use permit requirements of this development code do not apply to the activities, uses of land and/or structures identified by this section.
A. General Requirements for Exemption. The activities, uses of land and/or structures identified by subsection B. below are exempt from the land use permit requirements of this development code only when:
1. The activity or use is established and operated in compliance with applicable development standards of Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Standards); and
2. Permits or approvals required by regulations other than this development code are obtained in compliance with 16.02.040 (Additional Permits and Approvals May Be Required).
B. Exempt Activities and Uses. The following activities, uses of land and/or structures are exempt from the land use permit requirements of this development code when in compliance with subsection A. above.
1. Decks, Paths, and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit or Grading Permit and are not over eighteen (18) inches above natural grade.
2. Fences and Walls—Residential Zoning Districts. Fences and walls in the residential zoning districts are exempt from land use permit requirements as follows:
a. Interior Lots: Fences and walls up to three feet in height when located within the required front yard, or up to six feet in height when located outside the required front yard; and
b. Corner Lots: Fences and walls up to three feet in height within the required front yard. street side yard, and within a traffic safety visibility area. Fences and walls up to six feet in height when located outside the required front yard and traffic safety visibility areas, and at least five feet from the street side property line.
3. Governmental Activities. Activities of the city. state or an agency of the state, or the federal government on land owned or leased by a governmental agency.
4. Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or a change in the allowed use of the structure.
5. Repairs and Maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if exterior repairs employ the same materials and design as the original.
6. Small Residential Accessory Structures. Portable storage sheds and other small structures in residential zoning districts that are exempt from Building Permit requirements and are less than one hundred twenty (120) square feet in gross floor area. These facilities shall comply with the side and rear setback requirements established by Article II (Zoning Districts and Allowable Land Uses) for the applicable zoning district, or 16.44.150 (Residential Accessory Uses and Structures), where applicable.
7. Outdoor Play Equipment. Outdoor play equipment (e.g., swings, slides, climbing towers, bridges, and similar elements) less than eight feet in height and a footprint less than one hundred twenty (120) square feet. These facilities shall comply with the side and rear setback requirements established by Article 11 (Zoning Districts and Allowable Land Uses) for the applicable zoning district, or 16.44.150 (Residential Accessory Uses and Structures), where applicable.
8. Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and fish ponds, etc., that do not exceed: one hundred twenty (120) square feet in total area. including related equipment; contain more than two thou-sand (2,000) gallons of water; and exceed eighteen (18) inches in depth. These facilities shall comply with the side and rear setback requirements established by Article II (Zoning Districts and Allowable Land Uses) for the applicable zoning district. or Section 16.44.150 (Residential Accessory Uses and Structures), where applicable.
9. Utilities. The erection, construction, alteration. or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.), but not including structures. shall be allowed in any zoning district. Satellite and cellular telephone antennas are subject to Section 16.44.170 (Telecommunications Facilities).
10. Walls, Retaining Walls. Walls less than thirty (30) inches in height located in compliance with subsection (B)(2) above, and retaining walls (retaining earth only) that result in grade changes of thirty (30) inches or less and are not required to have a building permit.
(Ord. 182 § 2 (part), 1997)
Requirements for establishing a temporary use (e.g.. construction yards. seasonal sales lots, special events, temporary office trailers, etc.) are in Chapter 16.70 (Temporary Use Permits).
(Ord. 182 § 2 (part), 1997)
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