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ORDINANCE NO. 348

AN ORDINANCE OF THE COUNTY OF RIVERSIDE

PROVIDING FOR LAND USE PLANNING AND ZONING

REGULATIONS AND RELATED FUNCTIONS.

The Board of Supervisors of the County of Riverside, State of California, do ordain as follows:

ARTICLE I

RIVERSIDE COUNTY LAND USE ORDINANCE

SECTION 1.1. TITLE. This ordinance shall be known as, and may be cited as, the Riverside County Land Use Ordinance.

SECTION 1.2. PLANNING AGENCY. Pursuant to Section 65100 et seq. of the Government Code, the planning agency for Riverside County shall consist of the County Board of Supervisors, the County Planning Commission, and the Planning Department. The planning agency shall perform all functions required by State law and this ordinance.

SECTION 1.3. COUNTY BOARD OF SUPERVISORS. The Board of Supervisors shall consist of five members elected in the manner provided by law. The Board shall perform the duties and functions specified by State law and this ordinance including, but not limited to, the duties related to legislative matters and the duties related to the appeal of quasi-judicial matters. The Board shall also perform those planning and zoning duties and functions which are not expressly delegated or reserved to another body or officer.

SECTION 1.4. COUNTY PLANNING COMMISSION.

a. The County Planning Commission shall consist of five members. Each member of the Board of Supervisors shall recommend that a resident of his district be appointed to the Commission; provided, however, the appointments to the Commission shall require the affirmative vote of not less than a majority of the entire membership of the Board.

b. Members of the Commission shall be appointed for a four year term. Notwithstanding the specified term of four years for a member of the Commission, a member shall not remain eligible to remain on the Commission should the member of the Board of Supervisors from the district which the Commission member was appointed ceases to be a member of the Board of Supervisors or if a Commission member moves his residence out of the district from which he was appointed, and in either such situation membership shall automatically terminate upon the appointment by the Board of a new member to fill the remainder of the unexpired term. The term of two Commissioners shall expire on June 30 of the same year and the term of three Commissioners shall expire on June 30, two years thereafter.

c. The Commission shall elect one member as chairman and one as vice chairman, to hold office at the pleasure of the members. Three members shall be a quorum and three affirmative votes shall be required to carry a motion. The Commission shall hold at least one regular meeting per month.

d. The Commission shall perform those planning and zoning duties specified by State law or ordinance, including, but not limited to, the duties related to legislative matters and the duties related to quasi-judicial matters and appeals thereof.

e. Members of the County Planning Commission shall receive such compensation as may be fixed by or pursuant to the salary ordinance. Commission members shall also receive travel expenses for attending Commission meetings, and other authorized travel, as may be fixed by or pursuant to the salary ordinance.

SECTION 1.5. PLANNING DEPARTMENT. The Planning Department shall be headed by a Planning Director who shall be appointed by the Director of the Transportation and Land Management Agency to hold office at his pleasure, and shall include a staff of employees under his direction as provided by or pursuant to the salary ordinance. The Planning Department shall provide technical and clerical assistance to the County Planning Commission and shall perform functions related to planning, zoning and land divisions as may be required by State law, ordinance or order of the Board of Supervisors.

SECTION 1.6. NOTICE OF HEARING BY PUBLICATION.

a. When a provision of this ordinance requires notice of a public hearing to be given pursuant to this Section, notice shall be published once in at least one newspaper of general circulation within the County at least 10 days prior to the hearing.

b. The notice shall include the information specified in Section 1.10 of this ordinance.

c. In addition to the notice required by this Section, the Planning Director may direct that notice of the hearing be given in any other manner deemed necessary or desirable. The failure of any person or entity to be given such optional additional notice pursuant to this subsection, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the County.

d. Whenever the County considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the County shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. Such notice shall be satisfied by providing mailed notice of hearing to at least one organization which works with the blind community, at least one organization which works with the aged community, and at least one organization which works with the disabled community.

SECTION 1.7. NOTIFICATION PROCEDURES.

a. When a provision of this ordinance requires notice of a public hearing to be given pursuant to this Section, notice shall be given in all of the following ways:

(1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the County may use records of the County assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

(2) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

(3) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the County may use records of the County assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, the County, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County at least 10 days prior to the hearing.

(4) If the notice is mailed or delivered pursuant to paragraph (3), the notice shall also be published once in at least one newspaper of general circulation within the County at least 10 days prior to the hearing.

b. The notice shall include the information specified in Section 1.10 of this ordinance.

c. In addition to the notice required by this Section, the Planning Director may direct that notice of the hearing be given in any other manner deemed necessary or desirable. The failure of any person or entity to be given such optional additional notice pursuant to this subsection, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the County.

d. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the County shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. Such notice shall be satisfied by providing mailed notice of hearing to at least one organization which works with the blind community, at least one organization which works with the aged community, and at least one organization which works with the disabled communities.

SECTION 1.8. REQUEST FOR NOTIFICATION. When a provision of this ordinance requires notice of a public hearing to be given pursuant to Section 1.6 or 1.7, the notice shall also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for notice with the Planning Director accompanied by the fees set forth in County Ordinance No. 671. Any such request for notice shall expire after one year unless renewed by the filing of a new request accompanied by the fees set forth in County Ordinance No. 671.

SECTION 1.9. FAILURE TO RECEIVE MANDATORY NOTICE; FAILURE TO GIVE OR RECEIVE OPTIONAL ADDITIONAL NOTICE. The failure of any person or entity to receive notice required to be given pursuant to this ordinance shall not constitute grounds for any court to invalidate the actions of the County for which the notice was given. The failure of any person or entity to be given optional additional notice pursuant to either subsection 1.6c or subsection 1.7c of this ordinance, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the County.

SECTION 1.10. CONTENTS OF NOTICE OF PUBLIC HEARING. As used in this ordinance, "notice of a public hearing" means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

SECTION 1.11. HEARING CONTINUANCES. Any public hearing conducted under this ordinance may be continued from time to time. No additional notice of public hearing shall be required for a continued public hearing.”

Amended effective:
05-08-2008 (Ord. 348.4573) - Amended Article I in its entirety

ARTICLE II

RIVERSIDE COUNTY GENERAL PLAN AND SPECIFIC PLANS

SECTION 2.1. ADOPTION OR AMENDMENT OF THE GENERAL PLAN.

a. The Riverside County General Plan or any part or element thereof, and any amendment to the plan or any part or element thereof, shall be adopted in accordance with the provisions of Section 65300 et seq. of the Government Code, as now written or hereafter amended, and this Article. No mandatory element of the General Plan shall be amended more frequently than four times during any calendar year, unless otherwise allowed by Section 65358 of the Government Code. Subject to that limitation, an amendment may be adopted at any time, as determined by the Board of Supervisors. Each amendment may include more than one change to the General Plan.

b. The initiation of proceedings for the amendment of the General Plan, or any part or element thereof, shall be conducted in accordance with the provisions of this Article. The initiation of proceedings for the amendment of the General Plan, or any part or element thereof, shall require an order of the Board of Supervisors, adopted by the affirmative vote of not less than a majority of the entire membership of the Board. Either the Planning Director or the Planning Commission may recommend, in the manner provided by this Article, that the Board of Supervisors initiate proceedings for the amendment of the General Plan or any part or element thereof. The owner of real property, or a person authorized by the owner, shall have the right to apply for the initiation of proceedings, in the manner provided by this Article, to amend the General Plan with respect to provisions of the General Plan affecting the use of his property. The initiation of proceedings by the Board of Supervisors for the amendment of the General Plan, or any part or element thereof, shall not imply any such amendment will be approved.

SECTION 2.2. GENERAL PLAN CONSISTENCY. No discretionary permit shall be approved pursuant to this ordinance unless it is determined that the permit is consistent with the General Plan.

SECTION 2.3. DEFINITIONS FOR GENERAL PLAN AMENDMENT PROCEDURES. Capitalized terms in Section 2.4, Section 2.5, Section 2.6 and Section 2.7 shall have the same meanings as set forth in the Riverside County General Plan.

SECTION 2.4. GENERAL PLAN TECHNICAL AMENDMENTS AND ENTITLEMENT/POLICY AMENDMENTS.

a. APPLICABILITY. This Section shall govern the processing of any General Plan amendment which is defined as a Technical Amendment or an Entitlement/Policy Amendment. Technical Amendments involve changes of a technical nature including, without limitation: statistical corrections; mapping error corrections; changes in spheres of influence and city boundaries; changes in Unincorporated Communities or Communities of Interest; editorial clarifications that do not change the intent of the General Plan; or appendix information useful in interpreting the General Plan but which does not change the General Plan intent. Entitlement/Policy Amendments involve changes in land use designations or policies that involve land located entirely within a General Plan Foundation Component but that do not change the boundaries of that component. Notwithstanding the preceding sentence, a proposed change of land use designation to properties located in Eastern Riverside County Desert Area not covered by an Area Plan shall be considered a Foundation Component Amendment and shall be subject to the provisions of Section 2.5 and Section 2.6 of this ordinance. An Entitlement/Policy Amendment may also involve a change in General Plan Policy provided it does not change the Riverside County Vision, a Foundation Component, or a General Planning Principle set forth in General Plan Appendix B.

b. INITIATION OF AMENDMENT PROCEEDINGS. The initiation of proceedings for any amendment pursuant to this Section shall require an order of the Board of Supervisors, adopted by the affirmative vote of not less than a majority of the entire membership of the Board. The Board of Supervisors may adopt an order initiating amendment proceedings at any time. The adoption of an order by the Board initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

c. RECOMMENDATIONS FOR THE INITIATION OF AMENDMENT PROCEEDINGS. Either the Planning Director or the Planning Commission may recommend that the Board of Supervisors adopt an order initiating proceedings for an amendment pursuant to this Section. All such recommendations shall be in writing and shall be submitted to the Clerk of the Board for placement on the agenda of the Board as a matter not requiring a public hearing. Whenever the Planning Director prepares such a recommendation, the comments of the Planning Commission shall be requested and any comments shall be included in the submission to the Board of Supervisors. No public hearing before the Planning Commission shall be required to request such comments.

d. PRIVATE APPLICATIONS FOR THE INITIATION OF AMENDMENT PROCEEDINGS. The owner of real property, or a person authorized by the owner, shall have the right to request that the Board of Supervisors adopt an order initiating proceedings for an amendment pursuant to this Section. Applications shall be made to the Planning Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in County Ordinance No. 671. The Planning Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the Clerk of the Board for placement on the Board agenda as a matter not requiring a public hearing. Prior to submitting the report and recommendation to the Clerk of the Board, the comments of the Planning Commission shall be requested and any comments shall be included in the submission to the Board of Supervisors. No public hearing before the Planning Commission shall be required to request such comments.

e. AMENDMENT PROCEEDINGS AND HEARINGS. After adoption of an order of the Board of Supervisors initiating proceedings for an amendment pursuant to this Section, the amendment shall be processed, heard and decided in accordance with Section 2.1 and Section 2.10 of this ordinance. If the Board adopts orders initiating proceedings for several amendments pursuant to this Section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Planning Director.

f. FINDINGS.

(1) Technical Amendments. A Planning Commission resolution recommending approval of a Technical Amendment and a Board of Supervisors resolution approving a Technical Amendment shall include the first finding listed below and any one or more of the subsequent findings listed below:

(a) The proposed amendment would not change any policy direction or intent of the General Plan.

(b) An error or omission needs to be corrected.

(c) A land use designation was based on inaccurate or misleading information and should therefore be changed to properly reflect the policy intent of the General Plan.

(d) A point of clarification is needed to more accurately express the General Plan’s meaning or eliminate a source of confusion.

(e) A minor change of boundary will more accurately reflect geological or topographic features, or legal or jurisdictional boundaries.

(2) Entitlement/Policy Amendments. A Planning Commission resolution recommending approval of an Entitlement/Policy Amendment and a Board of Supervisors resolution approving an Entitlement/Policy Amendment shall include the first two findings listed below and any one or more of the subsequent findings listed below:

(a) The proposed change does not involve a change in or conflict with: the Riverside County Vision; any General Planning Principle set forth in General Plan Appendix B; or any Foundation Component designation in the General Plan.

(b) The proposed amendment would either contribute to the purposes of the General Plan or, at a minimum, would not be detrimental to them.

(c) Special circumstances or conditions have emerged that were unanticipated in preparing the General Plan.

(d) A change in policy is required to conform to changes in state or federal law or applicable findings of a court of law.

(e) An amendment is required to comply with an update of the Housing Element or change in State Housing Element law.

(f) An amendment is required to expand basic employment job opportunities (jobs that contribute directly to the County’s economic base) and that would improve the ratio of jobs-to-workers in the County.

(g) An amendment is required to address changes in ownership of land or land not under the land use authority of the Board of Supervisors.

SECTION 2.5. GENERAL PLAN FOUNDATION COMPONENT AMENDMENTS - REGULAR.

a. APPLICABILITY. This Section shall govern the processing of regular Foundation Component Amendments occurring during the Five-Year General Plan Review Cycle including any General Plan amendment to change:

(1) The Riverside County Vision;

(2) The General Planning Principles set forth in General Plan Appendix B;

(3) A Foundation Component of the General Plan (except for an amendment to change property to or from the Agriculture Foundation Component which shall be processed in accordance with Section 2.7 of this ordinance); or,

(4) A proposed change to the land use designations established in the Eastern Riverside County Desert Area, not covered by an Area Plan.

b. LIMITATION ON FOUNDATION COMPONENT AMENDMENTS. Except as otherwise provided in Section 2.6 and Section 2.7, no Foundation Component Amendment shall be heard or approved except as part of the Five-Year General Plan Review Cycle. The first Five-Year General Plan Review Cycle shall commence on January 1, 2008 and continue during the 2008 calendar year, and subsequent cycles shall occur at five calendar year intervals thereafter.

c. INITIATION OF AMENDMENT PROCEEDINGS. The initiation of proceedings for any amendment pursuant to this Section shall require an order of the Board of Supervisors, adopted by the affirmative vote of not less than a majority of the entire membership of the Board. The Board of Supervisors may adopt an order initiating amendment proceedings at any time during the calendar year of a Five-Year General Plan Review Cycle. The adoption of an order by the Board initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

d. RECOMMENDATIONS FOR THE INITIATION OF AMENDMENT PROCEEDINGS. Either the Planning Director or the Planning Commission may recommend that the Board of Supervisors adopt an order initiating proceedings for an amendment pursuant to this Section. All such recommendations shall be in writing and shall be submitted to the Clerk of the Board for placement on the agenda of the Board as a matter not requiring a public hearing. Whenever the Planning Director prepares such a recommendation, the comments of the Planning Commission shall be requested and any comments shall be included in the submission to the Board of Supervisors. No public hearing before the Planning Commission shall be required to request such comments.

e. PRIVATE APPLICATIONS FOR THE INITIATION OF AMENDMENT PROCEEDINGS. The owner of real property, or a person authorized by the owner, shall have the right to request that the Board of Supervisors adopt an order initiating proceedings for an amendment pursuant to this Section. The Planning Director shall establish an application period of not less than thirty days during the calendar year of each Five-Year General Plan Review Cycle during which applications will be accepted. After this application period is established, it shall not be extended. Applications shall be made to the Planning Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in County Ordinance No. 671. The Planning Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the Clerk of the Board for placement on the Board agenda as a matter not requiring a public hearing. Prior to submitting the report and recommendation to Clerk of the Board, the comments of the Planning Commission shall be requested and any comments shall be included in the submission to the Board of Supervisors. No public hearing before the Planning Commission shall be required to request such comments.

f. AMENDMENT PROCEEDINGS AND HEARINGS. After adoption of an order of the Board of Supervisors initiating proceedings for an amendment pursuant to this Section, the amendment shall be processed, heard and decided in accordance with Section 2.1 and Section 2.10 of this ordinance. If the Board adopts orders initiating proceedings for several amendments pursuant to this Section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Planning Director. Hearings and the final decision on any amendment pursuant to this Section may occur after the calendar year during which proceedings for the amendment were initiated.

g. FINDINGS. A Planning Commission resolution recommending approval of a regular Foundation Component Amendment and a Board of Supervisors resolution approving a regular Foundation Component Amendment shall include findings, based on substantial evidence, that new conditions or circumstances disclosed during the review process justify modifying the General Plan, that the modifications do not conflict with the overall Riverside County Vision, and that they would not create an internal inconsistency among the elements of the General Plan. The foregoing requirement for findings shall not apply to any amendment to the Riverside County Vision.

SECTION 2.6. GENERAL PLAN FOUNDATION COMPONENT AMENDMENTS – EXTRAORDINARY.

a. APPLICABILITY. This Section shall govern the processing of any Foundation Component Amendment not occurring during the Five-Year General Plan Review Cycle including any General Plan amendment to change:

(1) The Riverside County Vision;

(2) The General Planning Principles set forth in General Plan Appendix B;

(3) A Foundation Component of the General Plan (except for an amendment to change property to or from the Agriculture Foundation Component which shall be processed in accordance with Section 2.7 of this ordinance); or,

(4) A proposed change to the land use designations established in the Eastern Riverside County Desert Area, not covered by an Area Plan.

b. INITIATION OF AMENDMENT PROCEEDINGS. The initiation of proceedings for any amendment pursuant to this Section shall require an order of the Board of Supervisors, adopted by the affirmative vote of not less than a majority of the entire membership of the Board. The Board of Supervisors may adopt an order initiating amendment proceedings at any time. The adoption of an order by the Board initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

c. RECOMMENDATIONS FOR THE INITIATION OF AMENDMENT PROCEEDINGS. Either the Planning Director or the Planning Commission may recommend that the Board of Supervisors adopt an order initiating proceedings for an amendment pursuant to this Section. All such recommendations shall be in writing and shall be submitted to the Clerk of the Board for placement on the agenda of the Board as a matter not requiring a public hearing. Whenever the Planning Director prepares such a recommendation, the comments of the Planning Commission shall be requested and any comments shall be included in the submission to the Board of Supervisors. No public hearing before the Planning Commission shall be required to request such comments.

d. PRIVATE APPLICATIONS FOR THE INITIATION OF AMENDMENT PROCEEDINGS. The owner of real property, or a person authorized by the owner, shall have the right to request that the Board of Supervisors adopt an order initiating proceedings for an amendment pursuant to this Section. Applications shall be made to the Planning Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in County Ordinance No. 671. The Planning Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the Clerk of the Board for placement on the Board agenda as a matter not requiring a public hearing. Prior to submitting the report and recommendation to the Clerk of the Board, the comments of the Planning Commission shall be requested and any comments shall be included in the submission to the Board of Supervisors. No public hearing before the Planning Commission shall be required to request such comments.

e. AMENDMENT PROCEEDINGS AND HEARINGS. After adoption of an order of the Board of Supervisors initiating proceedings for an amendment pursuant to this Section, the amendment shall be processed, heard and decided in accordance with Section 2.1 and Section 2.10 of this ordinance. If the Board adopts orders initiating proceedings for several amendments pursuant to this Section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Planning Director.

f. FINDINGS. A Planning Commission resolution recommending approval of an Extraordinary General Plan Foundation Component Amendment and a Board of Supervisors resolution approving an Extraordinary General Plan Foundation Component Amendment shall include the first two findings listed below and any one or more of the subsequent findings listed below:

(1) The foundation change is based on substantial evidence that new conditions or circumstances disclosed during the review process justify modifying the General Plan, that the modifications do not conflict with the overall Riverside County Vision, and that they would not create an internal inconsistency among the elements of the General Plan. The foregoing requirement for findings shall not apply to any amendment to the Riverside County Vision.

(2) A condition exists or an event has occurred that is unusually compelling and can only be rectified by making changes in the current Riverside County Vision, General Planning Principles set forth in General Plan Appendix B, or Foundation Component.

(3) An unconstitutional taking of property might occur without the amendment, and the amendment alters the General Plan Foundation Component only to the extent necessary to avoid the potential taking.

(4) A natural or man-made disaster or public emergency has occurred that warrants a change in General Plan Foundation Component designations in order to protect the public health, safety or welfare.

(5) A Foundation Component Amendment is required to conform to changes in State or Federal law, or applicable findings of a court of law.

(6) An amendment is required to comply with an update of the Housing Element or change in State Housing Element law.

(7) A Foundation Component Amendment is required to significantly expand basic structural employment (such as industrial, agricultural processing, and research and development), excluding retail, service commercial, warehousing, and residential uses not ancillary to the primary employment use.

(8) A Foundation Component change is necessary to facilitate implementation of open space or transportation corridor designations arising from the adopted MSHCP or Community Environmental Transportation Acceptability Program (CETAP) programs that could not be accomplished by a lesser change in the General Plan.

SECTION 2.7. AGRICULTURAL FOUNDATION COMPONENT GENERAL PLAN AMENDMENTS.

a. APPLICABILITY. This Section shall govern the processing of any General Plan amendment to change property to or from the Agriculture Foundation Component.

b. GENERAL AUTHORIZATION FOR AGRICULTURAL FOUNDATION COMPONENT AMENDMENTS.

(1) All amendments pursuant to this Section shall be assigned to a 2 ½ Year Agricultural Foundation Amendment Cycle based on the date of amendment adoption. The first 2 ½ Year Cycle commenced January 1, 2004 and ended on June 30, 2006; the second 2 ½ Year Cycle extends from July 1, 2006 to December 31, 2008; and subsequent 2 ½ Year Cycles shall continue in the same manner for 2 ½ year periods thereafter.

(2) The Planning Director shall determine the total acreage of land within the Agricultural Foundation Component as of January 1, 2004 (the “Agricultural Foundation Base Acreage”), for each of the following three areas:

(a) The area covered by the Palo Verde Valley Area Plan, the Desert Center Area Plan and the Eastern Desert Land Use Plan;

(b) The area covered by the Eastern Coachella Valley Area Plan and the Western Coachella Valley Area Plan; and,

(c) The area covered by all other Area Plans.

(3) During the first 2 ½ Year Agricultural Foundation Amendment Cycle, seven percent (7%) of the Agricultural Foundation Base Acreage for each of the areas listed in paragraph (2) above shall be generally authorized for conversion from the Agriculture Foundation Component to any other Foundation Component (the “Agricultural Amendment General Authorization Acreage”). During each subsequent 2 ½ Year Agricultural Foundation Amendment Cycle, the Agricultural Amendment General Authorization Acreage for each area listed in paragraph (2) above shall consist of an acreage equal to the Agricultural Amendment General Authorization Acreage for the first 2 ½ Year Agricultural Foundation Amendment Cycle plus the Agricultural Amendment General Authorization Acreage for all subsequent 2 ½ Year Agricultural Foundation Amendment Cycles reduced by the acreage of all General Plan amendments adopted after January 1, 2004 (except General Plan amendments adopted pursuant to subsection g. below) converting land from the Agriculture Foundation Component to any other Foundation Component for each such area.

(4) Unless otherwise allowed as provided in subsection g. below, no amendment pursuant to this Section shall be approved by the Board of Supervisors if such approval would result in a conversion from the Agriculture Foundation Component to any other Foundation Component in excess of the Agricultural Amendment General Authorization Acreage, as determined under paragraph (3) above, during any 2 ½ Year Agricultural Foundation Amendment Cycle.

c. INITIATION OF AMENDMENT PROCEEDINGS. The initiation of proceedings for any amendment pursuant to this Section shall require an order of the Board of Supervisors, adopted by the affirmative vote of not less than a majority of the entire membership of the Board. The Board of Supervisors may adopt an order initiating amendment proceedings at any time. The adoption of an order by the Board initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

d. RECOMMENDATIONS FOR THE INITIATION OF AMENDMENT PROCEEDINGS. Either the Planning Director or the Planning Commission may recommend that the Board of Supervisors adopt an order initiating proceedings for an amendment pursuant to this Section. All such recommendations shall be in writing and shall be submitted to the Clerk of the Board for placement on the agenda of the Board as a matter not requiring a public hearing. Whenever the Planning Director prepares such a recommendation, the comments of the Planning Commission shall be requested and any comments shall be included in the submission to the Board of Supervisors. No public hearing before the Planning Commission shall be required to request such comments.

e. PRIVATE APPLICATIONS FOR THE INITIATION OF AMENDMENT PROCEEDINGS. The owner of real property, or a person authorized by the owner, shall have the right to request that the Board of Supervisors adopt an order initiating proceedings for an amendment pursuant to this Section. Applications shall be made to the Planning Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in County Ordinance No. 671. The Planning Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the Clerk of the Board for placement on the Board agenda as a matter not requiring a public hearing. Prior to submitting the report and recommendation to the Clerk of the Board, the comments of the Planning Commission shall be requested and any comments shall be included in the submission to the Board of Supervisors. No public hearing before the Planning Commission shall be required to request such comments.

f. AMENDMENT PROCEEDINGS AND HEARINGS. After adoption of an order of the Board of Supervisors initiating proceedings for an amendment pursuant to this Section, the amendment shall be processed, heard and decided in accordance with Section 2.1 and Section 2.10 of this ordinance. If the Board adopts orders initiating proceedings for several amendments pursuant to this Section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Planning Director.

g. ADDITIONAL AUTHORIZATION FOR AGRICULTURAL FOUNDATION COMPONENT AMENDMENTS. Notwithstanding the provisions of subsection b. above, the Board of Supervisors may approve an amendment which exceeds the Agricultural Amendment General Authorization Acreage for any 2 ½ Year Agricultural Foundation Amendment Cycle provided the Board first determines that any condition or circumstance including, without limitation, any business consideration or undue hardship, justifies the amendment and also determines that adequate infrastructure to serve the land use designations will be available. Prior to approving an amendment as provided in this subsection, the Board of Supervisors shall first submit the amendment to the Agricultural Task Force for the area where the property subject to the amendment is located for its review and recommendation.

h. FINDINGS. A Planning Commission resolution recommending approval of an Agricultural Foundation Component Amendment and Board of Supervisors resolution approving an Agricultural Foundation Component Amendment shall include a finding that the amendment would either contribute to the achievement of the purposes of the General Plan or, at a minimum, not be detrimental to them.

SECTION 2.8. SPECIFIC PLANS. Specific plans, and amendments thereto, shall be heard and adopted in accordance with the provisions of Section 65450 et seq. of the Government Code, as now written or hereafter amended, and in accordance with Section 2.10 of this Article. The Board of Supervisors may, by affirmative vote of not less than a majority of the entire membership of the Board, order the preparation and hearing of a new specific plan or the amendment of any existing specific plan. Any such order for preparation and hearing shall not imply that any new specific plan or amendment to an existing specific plan will be approved.

SECTION 2.9. APPLICATIONS FOR SPECIFIC PLANS.

a. The owner of real property, or a person authorized by the owner, shall have the right to request that the County consider a specific plan or an amendment to an existing specific plan for the real property. The right to request consideration of a specific plan or a specific plan amendment does not imply that the specific plan or the specific plan amendment will be approved. Whenever any State law, the Riverside County General Plan or any ordinance requires the adoption of a specific plan as a condition to the approval of a project, an application for a specific plan shall be made pursuant to this section.

b. Applications shall be made in writing to the Planning Director on the forms provided by the Planning Department and shall be accompanied by the fee set forth in County Ordinance No. 671. The application shall supply all required information and shall include the following:

(1) Wherever a proposed specific plan is for a project subject to the Alquist-Priolo Earthquake Fault Zoning Act, Public Resources Code Section 2621 et seq., a geologic report shall be submitted as required by County Ordinance No. 547.

(2) Whenever a proposed specific plan will substantially determine the location of any building sites for structures, a flood protection study shall be submitted with the specific plan along with the fee set forth in County Ordinance No. 671.

c. A specific plan shall include text and a diagram or diagrams which specify all of the following in detail:

(1) The distribution, location and extent of the uses of land, including open space, within the area covered by the plan.

(2) The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan.

(3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

(4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2) and (3) of this subsection.

d. A specific plan shall include a statement of the relationship of the specific plan to the General Plan.

SECTION 2.10. HEARINGS ON ADOPTION OR AMENDMENT OF THE GENERAL PLAN. Proposals to adopt or amend the Riverside County General Plan, or any part or element thereof, shall be heard in the following manner:

a. The Planning Commission shall hold a public hearing on the matter. Notice of the public hearing shall be given pursuant to Section 1.6 of this ordinance. If the proposed General Plan or amendment to the General Plan would affect the permitted uses or intensity of uses of real property, notice of the public hearing shall also be given pursuant to Section 1.7 of this ordinance.

b. After closing the public hearing, the Planning Commission shall make a recommendation for approval or disapproval within a reasonable time, by resolution, including therein its findings, and transmit it to the Board of Supervisors with a copy mailed to the applicant, if any. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Planning Commission. If the Commission cannot reach a decision within a reasonable time after closing the hearing, that fact shall be reported to the Board of Supervisors and shall be deemed a recommendation to deny the proposal.

c. Upon receipt of a recommendation of the Planning Commission on adoption or amendment of the General Plan, the Clerk of the Board shall set the matter for public hearing before the Board of Supervisors at the earliest convenient day and shall give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission.

d. After closing the public hearing, the Board of Supervisors shall render its decision within a reasonable time. A decision to adopt or amend the General Plan, or any part or element thereof, shall be made by resolution, which resolution shall be adopted by the affirmative vote of not less than the majority of the total membership of the Board. The Board of Supervisors may approve, modify or disapprove the recommendation of the Planning Commission; provided, however, that any substantial modification of the Planning Commission's recommendation not previously considered by the Commission shall first be referred to the Commission for its recommendation. The Planning Commission shall not be required to hold a public hearing thereon, and failure of the Commission to report within 45 days after the reference or such longer period of time as may be specified by the Board, shall be deemed to be a recommendation for approval of the proposed modification.

e. A proposal to adopt or amend any part or element of the General Plan shall not be approved by the Board of Supervisors until all procedures required by the Riverside County CEQA implementing procedures to approve a matter have been completed.

SECTION 2.11. DETERMINATION OF PROJECT CONFORMANCE WITH ADOPTED SPECIFIC PLAN.

a. Whenever an application for an implementing project varies from and is not in substantial conformance with an adopted specific plan, an amendment to that specific plan shall be adopted pursuant to the provisions of Section 2.8 of this ordinance prior to the approval of the implementing project.

b. Whenever an application for an implementing project varies from but is in substantial conformance with the adopted specific plan, a determination of substantial conformance shall be issued as provided in this subsection prior to the approval of the implementing project.

(1) For purposes of this subsection, the term "substantial conformance" shall mean a non-substantial modification of a condition of approval, diagram, or text of the specific plan that does not change the basic design or improvements required and is consistent with the original resolution adopting the specific plan, the conditions of approval, and the specific plan text. Substantial conformance may include a modification or deletion of a condition which will not substantially or adversely affect the underlying purpose for which the condition was initially required, construction of an implementing project out of phase so long as all infrastructure and public facilities required for the intervening phases are provided, a modification of the approved land uses in a phase which does not increase the land use density or intensity in any phase or planning area beyond that allowed by the specific plan or a modification of the project design which improves circulation, protects topographic features, minimizes grading, improves drainage or improves infrastructure.

(2) An application for a determination of substantial conformance shall be made on forms provided by the Planning Department, shall be accompanied by the fee set forth in County Ordinance No. 671 and shall include the following:

(a) An accurate and complete description of the modification and how it affects the adopted specific plan, along with any necessary exhibits or diagrams.

(b) Any other information, exhibits or drawings the Planning Director may require.

(3) The Planning Director shall transmit all such applications to the appropriate agencies for review and comment and shall then forward them, along with a recommendation, to the Planning Commission for decision. A copy of the notice of decision of the Planning Commission shall be mailed to the applicant and to any person who has made a written request therefor. The Planning Director shall also file a copy of the notice of decision of the Planning Commission with the Clerk of the Board of Supervisors, together with a report of the proceedings, not more than 15 days after the decision. The Clerk of the Board shall place the notice of decision on the next agenda of the Board of Supervisors held five or more days after the Clerk receives the notice from the Planning Director. The decision of the Planning Commission shall be considered final unless the applicant or an interested party files an appeal with the Clerk of the Board of Supervisors accompanied by the fee set forth in County Ordinance No. 671 within ten days after the notice of decision appear on the Board's agenda. If a timely appeal is filed, the Clerk shall place the matter on the next available agenda, and the Board of Supervisors shall determine whether the determination of substantial conformance should be made. An application for a determination of substantial conformance shall not require a noticed public hearing; however, if the Planning Director, the Commission, or the Board decides that notice of the application should be given, notice shall be given at the applicant's expense in the manner provided for by Section 1.6 and 1.7 of this ordinance. Whenever such a decision requiring notice is made, no further action shall be taken on the application until proper notice has been given. The Commission or Board of Supervisors may, at their discretion, allow testimony to be given on the proposed modification.

(4) An application for a determination of substantial conformance may be approved only if the following findings are made:

(a) That the project as modified meets the intent and purpose of the adopted specific plan; and,

(b) That the project as modified is consistent with the findings and conclusions contained in the resolution adopting the specific plan.

c. Notwithstanding any other provision in this Section to the contrary, and even if the application for a determination of substantial conformance otherwise could be approved under this section, an applicant may be required to process a specific plan amendment pursuant to the provisions of Section 2.9 of this ordinance if it is determined that an amendment to the specific plan is required.

SECTION 2.12. REPORTS ON CONFORMITY WITH GENERAL PLAN.

a. The Planning Department is designated as the planning agency, under the provisions of Section 65402 of the Government Code, and any similar provision of State law, to report on public acquisitions, dispositions, abandonments, and construction, as to conformity with the Riverside County General Plan.

b. Whenever any County department or a public agency is processing a project that requires a report under the provisions of Section 65402 of the Government Code, or any similar provision of State law, application shall be made to the Planning Director on forms provided by the Planning Department and shall supply all requested information, including the following:

(1) The name, address and telephone number of applicant, including information regarding any cooperating or involved agencies.

(2) The legal basis for the project on an estimated time schedule for development or action to be taken.

(3) The location, address or legal description of the subject property or area, together with a site plan and description of the proposed project and uses.

(4) The location of adjacent streets, easements, utilities, and other features, both natural and constructed, that may affect or be affected by the proposal.

(5) Development plans of any proposed construction, including such structural features as may be required to determine if the proposal is in conformity with the General Plan and any specific plan in effect in the area.

c. Within 40 days after receipt of a completed application, the Planning Director shall make a report to the applicant as to the conformity of the location, purpose and extent of the proposed project with the General Plan.

d. Within ten days after the date of mailing or delivery of the report of the Planning Director, the applicant may appeal, in writing, to the Planning Commission on the form provided by the Planning Department. Upon receipt of a completed appeal accompanied by the fee set forth in Ordinance No. 671, the Planning Director shall set the matter for hearing before the Planning Commission, not less than five nor more than 35 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The decision of the Commission shall be made within 30 days following the close of the hearing, shall be final, and a copy shall be mailed to the appellant.

e. The provisions of subdivision (a) of Section 65402 of the Government Code shall not apply to:

(1) The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

(2) Acquisitions, dispositions, or abandonments for street widening or alignment projects, provided such projects are of a minor nature.

f. The provisions of paragraph (b) of Section 65402 of the Government Code shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature.

Amended Effective:
02-03-1977 (Ord. 348.1545)
06-27-1978 (Ord. 348.1658)
05-08-1980 (Ord. 348.1785)
09-25-1980 (Ord. 348.1855)
10-23-1980 (Ord. 348.1879)
01-22-1981 (Ord. 348.1908)
07-22-1982 (Ord. 348.2088)
06-30-1983 (Ord. 348.2156)
04-04-1985 (Ord. 348.2444)
03-12-1987 (Ord. 348.2670)

Amended Effective:
03-27-1989 (Ord. 348.3418)
11-30-1995 (Ord. 348.3752)
04-19-1996 (Ord. 348.3770)
05-08-2008 (Ord. 348.4573) - Amended Article II in its entirety

ARTICLE III

ZONE CLASSIFICATIONS

SECTION 3.1. ZONES. For the purpose of providing a uniform basis for zoning, the following zone classifications, referred to alternatively herein as zones, may be applied to the lands in the unincorporated area of the County of Riverside:

R-R - Rural Residential

R-R-O - Rural Residential, Outdoor Advertising

R-1 - One-Family Dwellings

R-1A - One-Family Dwellings - Mountain Resort

R-A - Residential Agricultural

R-2 - Multiple Family Dwellings

R-2A - Limited Multiple Family Dwellings

R-3 - General Residential

R-3A - Village Tourist Residential

R-T - Mobilehome Subdivision and Mobilehome Park

R-T-R - Mobilehome Subdivision - Rural

R-4 - Planned Residential

R-5 - Open Area Combining Zone - Residential Developments

R-6 - Residential Incentive

C-1 & C-P - General Commercial

C-T - Tourist Commercial

C-P-S - Scenic Highway Commercial

C-R - Rural Commercial

C-O - Commercial Office

S-P - Specific Plan

I-P - Industrial Park

M-SC - Manufacturing - Service Commercial

M-M - Manufacturing - Medium

M-H - Manufacturing - Heavy

M-R - Mineral Resources

M-R-A - Mineral Resources & Related Manufacturing

A-1 - Light Agriculture

A-P - Light Agriculture with Poultry

A-2 - Heavy Agriculture

A-D - Agriculture - Dairy

C/V - Citrus/Vineyard

W-2 - Controlled Development Areas

R-D - Regulated Development Areas

N-A - Natural Assets

W-2-M - Controlled Development Areas with Mobilehomes

W-1 - Watercourse, Watershed and Conservation Areas

W-E - Wind Energy Resource Zone

Amended Effective:
08-30-84 (Ord. 348.2358)
04-18-86 (Ord. 348.2623)
08-28-86 (Ord. 348.2612)
07-13-89 (Ord. 348.3010)
11-08-94 (Ord. 348.3692)
11-02-06 (Ord. 348.4423)

SECTION 3.2. ZONE CLASSIFICATION BOUNDARIES. Where uncertainty exists as to the boundaries of any zone classification, the following rules shall apply:

a. Where boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be boundaries.

b. Where boundaries divide lots, the location of such boundaries shall be determined by use of the scale appearing on the underlying map, unless the boundaries are indicated by specific dimensions.

c. If any public street, alley or other right of way is vacated or abandoned, the land formerly in such street, alley or right of way shall be included within the boundaries of the zone classification applicable to the adjoining property on each side. In the event such street, alley or right of way was a zone classification boundary, the new zone classification boundary shall be the former center line of such street, alley or right of way.

Amended Effective:
02-03-77 Ord. 348.1545)
11-02-06 (Ord. 348.4423)

SECTION 3.3. USES ALLOWED IN ZONE CLASSIFICATIONS. The terminology used in Section 3.1 of this ordinance is general only and is not intended to be descriptive of all uses allowed in the zone classifications. The zone classifications are specifically set forth in subsequent articles of this ordinance to which reference should be made to determine all the uses permitted therein. When a use is not specifically listed as permitted or conditionally permitted in a zone classification, the use is prohibited unless, in circumstances where this ordinance empowers him to do to, the Planning Director makes a determination that the use is substantially the same in character and intensity as those uses permitted or conditionally permitted in the zone classification. In no event, however, shall a medical marijuana dispensary as defined in this ordinance be considered a permitted or conditionally permitted use in any zone classification. A medical marijuana dispensary is hereby prohibited in all zone classifications and no permit of any type shall be issued therefore.

Added Effective:
11-02-06 (Ord. 348.4423)

ARTICLE IV

ZONING DISTRICTS

SECTION 4.1. All the unincorporated area of the County of Riverside is placed in a series of mapped zoning districts. All those areas shown within the boundaries of the following maps are placed within the zone classifications shown on said maps, as adopted or thereafter amended:

MAP NUMBER DATE ADOPTED ORDINANCE
Map No. 2 - All the unincorporated area of the County of Riverside not included in one of the following mapped zoning Districts. 12-31-48 348
Map No. 3 - Whitewater District (Annexed into the City of Palm Springs) 04-18-49 348a
Map No. 4 - Cathedral City District 02-20-50 348d
Map No. 5 - University District 11-16-50 348g
Map No. 6 - Beaumont-Banning District 08-27-51 348h
Map No. 6a - Beaumont-Banning District 06-29-64 348.292
Map No. 7 - La Mesa Miravilla (Now part of Cherry Valley) 02-24-53 348j
Map No. 8 - Anza-La Sierra District 08-24-53 348m
Map No. 9 - West Corona District 07-26-54 348o
Map No. 10 - Cathedral City - Palm Desert District 01-03-55 348p
Map No. 11 - Glen Avon District 01-03-55 348q
Map No. 12 - Desert Hot Springs District 02-21-55 348r
Map No. 13 - Calimesa District 01-23-56 348z
Map No. 14 - La Quinta District 03-05-56 348dd
Map No. 15 - Rubidoux District 06-12-56 348hh
Map No. 16 - Idyllwild District 01-14-57 348tt
Map No. 17 - Hemet-San Jacinto District 08-26-57 348eee
Map No. 18 - North Valle Vista District 12-23-57 348jjj
Map No. 19 - Florence (Now Part of Cherry Valley) 10-06-58 348yyy
Map No. 20 - Indian Wells District 10-20-58 348zzz
Map No. 21 - East Valle Vista District 11-10-58 348aaaa
Map No. 22 - Thomas Mountain District 04-13-59 348hhhh
Map No. 23 - North Elsinore District 01-26-59 348iiii
Map No. 24 - Lower Berdoo CanyonDistrict 02-16-59 348jjjj
Map No. 25 - Edgemont-Sunnymead District 09-21-59 348uuuu
Map No. 26 - Pedley District No. 1 (Now Pedley) 10-13-59 348.2xxxx
Map No. 27 - Lakeland Village District 11-30-59 348.2
Map No. 28 - San Gorgonio Pass District No. 1 01-11-60 348.10
Map No. 29 - Mira Loma District No. 1 (Prado-Mira Loma) 01-11-60 348.12
Map No. 30 - Bermuda Dunes District 12-12-60 348.53
Map No. 31 - Cherry Valley District 01-23-61 348.63
Map No. 32 - Ramona District 10-09-61 348.103
Map No. 33 - Mecca District 04-02-62 348.134
Map No. 34 - Pinon Flats District 07-16-62 348.146
Map No. 35 - Little Lake District 08-06-62 348.150
Map No. 36 - Lake Mathews District 02-18-63 348.173
Map No. 37 - Norco District 02-25-63 348.175
Map No. 38 - Prado-Mira Loma District 04-01-63 348.182
Map No. 39 - Pedley District 05-06-63 348.197
Map No. 40 - Thousand Palms District 05-13-63 348.198
Map No. 41 - Lower Coachella Valley Dist. 07-01-63 348.208
Map No. 42 - North Riverside District 07-08-63 348.210
Map No. 43 - Banning Heights 05-11-64 348.282
Map No. 44 - Palm Springs Highlands 08-17-64 348.306
Map No. 45 - El Cerrito 12-14-64 348.339
Map No. 46 - Sun City 08-24-70 348.776
Map No. 47 - Blythe 06-14-65 348.376
Map No. 48 - Meadowbrook 07-06-65 348.380
Map No. 49 - East Corona 08-02-65 348.384
Map No. 50 - Painted Hills 08-16-65 348.389
Map No. 51 - Ripley 08-16-65 348.390
Map No. 52 - El Cariso 04-04-65 348.435
Map No. 53 - Quail Valley 07-05-66 348.461
Map No. 54 - Pine Cove 06-12-67 348.513
Map No. 55 - Perris Reservoir District 06-19-67 348.514
Map No. 56 - Gavilan Hills 12-08-69 348.684
Map No. 57 - Cajalco 03-09-70 348.703
Map No. 58 - Pass and Desert 03-30-70 348.712
Map No. 59 - Woodcrest 03-30-70 348.713
Map No. 60 - Sky Valley 04-27-70 348.731
Map No. 61 - Canyon Lake 08-24-70 348.775
Map No. 62 - Mead Valley 12-28-70 348.839
Map No. 63 - Valley Vista 02-22-72 348.862
Map No. 64 - Garner Valley 01-18-72 348.987
Map No. 65 - Cabazon 12-12-72 348.1118

Amended Effective:
02-03-77 (Ord. 348.1545)

ARTICLE V

R-R ZONE (RURAL RESIDENTIAL)

SECTION 5.1. USES PERMITTED

a.

(1) One-family dwellings.

(2) Water works facilities, both public and private, intended primarily for the production and distribution of water for irrigation purposes.

(3) Nurseries, greenhouses, orchards, aviaries, apiaries, field crops, tree crops, berry and bush crops, vegetables, flower and herb gardening on a commercial scale; the drying, packing, canning, freezing and other accepted methods of processing the produce resulting from such permitted uses, when such processing is primarily in conjunction with a farming operation and further provided that the permanent buildings and structures used in conjunction with such drying, packing and processing operations are not nearer than 20 feet from the boundaries of the premises.

(4) The grazing of cattle, horses, sheep, goats or other farm stock or animals, not including hogs, including the supplementary feeding thereof, not to exceed five animals per acre of all the land available; provided however, the systematic rotation of animals with more than five animals per acre is permitted so long as the total number of permitted animals is not exceeded. For the grazing of sheep or goats, the permissible number of animals per acre may be multiplied by three, except that there shall be no limit to the permissible number of sheep which may be grazed per acre when the grazing is for the purpose of cleaning up unharvested crops, provided that such grazing is not conducted for more than four weeks in any six month period. The provisions of this paragraph apply to mature breeding stock, maintenance stock and similar farm stock, and shall not apply to the offspring thereof, if such offspring are being kept, fed or maintained solely for sale, marketing or slaughtering at the earliest practical age of maturity. In all cases the permissible number of animals per acre shall be computed upon the basis of the nearest equivalent ratio.

(5) Farms for rabbits, fish, frogs, chinchilla, or other small animals (excluding crowing fowl).

Amended Effective:
09-15-00 (Ord. 348.3954)

(6) Farms or establishment for the selective or experimental breeding and raising of cattle, sheep, goats, and horses, subject to the limitations set forth in Subsection a (4) of this section.

(7) The noncommercial raising of hogs, not to exceed five animals; provided, however, that the total number of animals permitted on parcels of less than one acre shall not exceed two animals except that no animals shall be permitted on lots of less than 20,000 square feet. For the purposes of determining the number of hogs on a parcel, both weaned and unweaned hogs shall be counted. (See County Ordinance No. 431 regarding hog ranches).

(8) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge.

Amended Effective:
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)

(9) A temporary stand for the display and sale of the agriculture produce of any permitted use that is produced upon the premises where such stand is located or upon contiguous lands owned or leased by the owner or occupant of the premises. Off-street parking shall be as required in Section 18.12 of this ordinance, except that no paving shall be required.

(10) A sign, single or double faced, not exceeding 12 square feet in area per face, not exceeding 12 square feet in area per face, advertising only the sale of the services or the products produced on the premises. The sign shall not be lighted or have flashing objects or banners.

(11) Mobilehome, used as a one-family residence, subject to the following conditions:

a. Mobilehome shall have a floor area of not less than 450 square feet.

b. The area between the ground level and the floor of the mobilehome shall be screened from view by an opaque skirt entirely around the mobilehome.

Amended Effective:
07-23-99 (Ord. 348.3881)

(12) Home occupations.

(13) Planned residential developments, provided a land division is approved pursuant to the provisions of County Ordinance No. 460 and the development standards in Section 18.5 or 18.6 of this ordinance.

(14) Kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 18.45 of this ordinance.

(15) Mining operation that is subject to the California Surface Mining and Reclamation Act of 1975 is a permitted provided that the operator thereof holds a permit to conduct surface mining operations issued pursuant to County Ordinance No. 555, which has not been revoked or suspended.

(16) The noncommercial raising of not more than (5) miniature pigs on lots of not less than 20,000 square feet, subject to the following conditions:

a) Any person owning or having custody or control of a miniature pig over the age of four (4) months shall pay for and obtain a license from the Animal Control Department.

b) Any miniature pig kept or maintained on a lot with a use permitted under section 5.1.a.(1) shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c) No miniature pig may weigh more than two hundred (200) pounds.

d) Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e) The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

Added Effective:
02-12-99 (Ord. 348.3857)

(17) The keeping or raising of not more than 12 mature female crowing fowl on lots or parcels between 20,000 square feet and 39,999 square feet or not more than 50 mature female crowing fowl and 10 mature male crowing fowl on lots of 40,000 square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

(18) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet.

Amended Effective:
09-15-00 (Ord. 348.3954)
02-24-04 (Ord. 348.4087)

b. PUBLIC UTILITY USES.

(1) Structures and installations necessary to the conservation and development of water such as dams, pipelines, water conduits, tanks, canals, reservoirs, wells and the necessary pumping and water production facilities.

(2) Structures and the pertinent facilities necessary and incidental to the development and transmission of electrical power and gas such as hydroelectric power plants, booster or conversion plants, transmission lines, pipelines and the like.

(3) Radio broadcasting stations.

(4) Telephone transmission lines, telephone exchanges and offices.

(5) Railroads, including the necessary facilities in connection therewith.

(6) Television broadcasting stations, antennas, and cable installations, and microwave relay stations.

c. The following uses are permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of this ordinance.

(1) Fishing lakes, commercial and noncommercial.

(2) Guest ranches and motels.

(3) Educational institutions, libraries, museums and post office.

(4) Golf, tennis, polo or country clubs, archery and golf and driving ranges.

(5) Commercial uses for the convenience of and incidental to any of the above permitted uses when located upon the same lot or parcel of land.

(6) Feed and grain sales.

(7) Garden supply stores.

(8) Pet shops and pet supply shops.

(9) Real estate offices.

(10) Signs, 0n-site advertising.

(11) Arts, crafts and curio shops.

(12) Fraternal lodges, including grange halls.

(13) Repealed.10-21- 99 (Ord. 348.3888)

(14) Private schools.

(15) A permanent stand for the display and sale of the agriculture product of any permitted use that is produced upon the premises where such stand is located or upon contiguous lands owned or leased by the owner or occupant of the premises.

(16) An additional one family dwelling (including mobilehomes), excluding the principal dwelling, shall be allowed for each ten acres gross being farmed. Said additional dwelling units shall be located on a parcel being farmed and occupied by the owner, operator or employee of the farming operation as a one family residence provided that:

a) The mobilehome shall have a floor area of not less than 450 square feet.

b) The dwellings are not rented or held out for lease to anyone other than an employee of the farming operation.

c) The dwellings are located not less than 50 feet from any property line.

d) The dwellings are screened from view from the front property line by shrubs or trees.

e) The arrangement of the dwellings, sanitary facilities and utilities conforms with all of the requirements of the County Health Department, the County of Building and Safety Department, and State law.

f) The number of dwellings for employees shall not exceed four per established farming operation.

(17) Beauty shops, including beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area.

(18) Winery and appurtenant and incidental uses with established on-site vineyard.

(19) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event.

(20) Public parks and public playgrounds, golf courses with standard length fairways, and county clubs.

(21) Child Day Care Center.

Amended Effective:
07-23-99 (Ord. 348.3881)
09-10-99 (Ord. 348.3883)

Added Effective:
03-12-09 (Ord. 348.4596)

d. The following uses are permitted provided a conditional use permit has been granted:

(1) Airport or landing field.

(2) Auto wrecking yards.

(3) Any mining operation which is exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 and Riverside County Ordinance No. 555.

(4) Cemetery, pet or human.

(5) Commercial fairgrounds.

(6) Commercial stables and riding academies.

(7) Antique shops.

(8) Automobile service stations and repair garages with or without the concurrent sale of beer and wine for off-premises consumption.

(9) Bakery shops, including baking only when incidental to retail sales on the premises.

(10) Barber shops and beauty shops.

(11) Bars and cocktail lounges.

(12) Billiard and pool halls.

(13) Cleaning and dyeing shop.

(14) Retail pharmacies.

(15) Equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding ten cubic feet in capacity, and other similar equipment.

(16) Food, meat, poultry and produce markets.

(17) Frozen food lockers.

(18) Hardware stores.

(19) Laundries and laundromats.

(20) Liquid petroleum service stations, with or without the concurrent sale of beer and wine for off-premises consumption, provided that if storage tanks are above ground, the total capacity of all tanks shall not exceed 10,000 gallons. Storage tanks shall be painted a neutral color and shall not have any advertising painted or placed on their surface.

(21) Liquor stores pursuant to the provisions of Section 18.48 of this ordinance.

(22) Parking lots and parking buildings, pursuant to the provisions of Section 18.12 of this ordinance.

(23) Professional offices.

(24) Refreshment stands.

(25) Restaurants and other eating establishments.

(26) Shoe stores and repair shops.

(27) Stations, bus, railroad and taxi.

(28) Tire sales and service.

(29) Tourist information centers.

(30) Underground bulk fuel storage.

(31) Auction houses and yards.

(32) Dune buggy parks.

(33) Fruit and vegetable packing plants and similar uses.

(34) Hog ranches, subject to the provisions of County Ordinance No. 431.

(35) Hunting clubs.

(36) Lumber production of a commercial nature, including commercial logging or commercial development of timber and lumber mills.

(37) Machine shops.

(38) The manufacture of:

a) Brick, tile or terra-cotta.

b) Cement and cement products.

c) Gypsum.

d) Lime or lime products.

(39) Menageries.

(40) Migrant agricultural workers mobilehome parks.

(41) Pen fed cattle operations, livestock sale-yard, livestock auction yards, and dairy farms.

(42) Race tracks, including but not limited to contests between automobiles, horses, go-carts, and motorcycles, but not including contests between human beings only.

(43) Recreational vehicle parks.

(44) Rifle, pistol, skeet, or trapshooting ranges.

(45) Rodeo arenas.

(46) Trail bike parks.

(47) Trailer and boat storage.

(48) Disposal service operations.

(49) Meat cutting and packaging plants, provided there is no slaughtering of animals or rendering of meat.

(50) Outdoor film studios

(51) Water well drilling, operations and service.

(52) Mobilehome parks, developed pursuant to Section 19.93 of this ordinance.

(53) Community auction and sales yards.

(54) Farm labor camp.

(55) Feed stores.

(56) Packaged dry fertilizer storage, not including processing.

(57) Oil production, not including refining or processing.

(58) Mink farms.

(59) Both large and small animal hospitals.

(60) Commercial breeding operations.

e. Any use that is not specifically listed in Subsections b., c. and d. may be considered a permitted or conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

f. Subject to the provisions of Section 18.28b, the number of mature crowing fowl may be increased up to 50% over each (male and female) of the permitted numbers.

Amended Effective:
11-11-82 (Ord. 348.2104)
12-23-82 (Ord. 348.2140)
08-02-84 (Ord. 348.2338)
04-04-87 (Ord. 348.2669)
06-30-88 (Ord. 348.2856)
05-04-89 (Ord. 348.3023)
07-20-89 (Ord. 348.3043)
11-13-90 (Ord. 348.3217)
07-16-98 (Ord. 348.3828)
07-16-98 (Ord. 348.3828)

Amended Effective:
02-12-99 (Ord. 348.3857)
07-23-99 (Ord. 348.3881)
09-10-99 (Ord. 348.3883)
10-21-99 (Ord. 348.3888)
09-15-00 (Ord. 348.3954)

SECTION 5.2. DEVELOPMENT STANDARDS. Where a structure is erected or a use is made in the R-R Zone that is first specifically permitted in another zone classification, such structure or use shall meet the development standards and regulations of the zone in which such structure or use is first specifically permitted, unless such requirements are hereafter modified.

a. One family residences shall not exceed forty (40) feet in height. No other building or structure shall exceed fifty (50') feet in height, unless a greater height is approved pursuant to Section 18.34 of this ordinance. In no event, however, shall a building exceed seventy-five (75') feet in height or any other structure exceed one hundred five (105') feet in height, unless a variance is approved pursuant to Section 18.27 of this ordinance.

Amended Effective:
5-24-01 (Ord. 348.3990)

b. Lot Area. One-half acre, with a minimum average width of 80 feet, including the area to the center of adjacent streets, shall be the minimum size of any lot except as follows:

(1) Public utilities, 20,000 square feet with a minimum average lot width and depth of 100 feet.

c. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

Formerly Article III - renumbered Article V and amended:
05-04-72 (Ord. 348.1023) | 08-09-73 (Ord. 348.1189)
05-30-74 (Ord. 348.1327) | 06-20-74 (Ord. 348.1340)
11-07-74 (Ord. 348.1377) | 03-20-75 (Ord. 348.1429)
07-10-75 (Ord. 348.1458) | 10-02-75 (Ord. 348.1470)
12-10-75 (Ord. 348.1481) | 02-03-77 (Ord. 348.1545)
04-21-77 (Ord. 348.1564) | 09-08-77 (Ord. 348.1588)
04-12-79 (Ord. 348.1688) | 11-29-79 (Ord. 348.1729)
07-02-81 (Ord. 348.1968) | 11-11-82 (Ord. 348.2104)
12-23-82 (Ord. 348.2140) | 05-19-83 (Ord. 348.2162)
08-02-84 (Ord. 348.2338) | 10-06-89 (Ord. 348.3053)
09-10-99 (Ord. 348.3883) | 02-12-99 (Ord. 348.3857)
07-23-99 (Ord. 348.3881) | 09-15-00 (Ord. 348.3954)
05-24-01 (Ord. 348.3990)

Amended Effective:
09-04-62 (Ord. 348.----) | 06-16-65 (Ord. 348.371)
09-15-65 (Ord. 348.391) | 01-19-66 (Ord. 348.422)
05-31-67 (Ord. 348.506) | 08-02-67 (Ord. 348.518)
07-16-69 (Ord. 348.638) | 06-10-70 (Ord. 348.737)
09-23-70 (Ord. 348.777)| 09-30-70 (Ord. 348.783)
08-11-71 (Ord. 348.905)

ARTICLE Va

R-R-O ZONE (RURAL RESIDENTIAL, OUTDOOR ADVERTISING)

SECTION 5.25. USES PERMITTED.

a. Any use permitted in the R-R Zone, subject to all of the regulations and procedures of the R-R Zone applicable to such use.

b. Deleted:

Subsection b. of Section 5.25 of Ordinance No. 348 is hereby deleted. Because the deletion of Subsection b. of Section 5.25 makes the uses permitted in that section the same as the uses permitted in Section 5.1 of this ordinance, on the effective date of this ordinance, all areas designated as being in the R-R-O (Rural Residential, Outdoor Advertising) Zone (Section 5.25 of this ordinance) shall hereafter be designated as being in the R-R (Rural Residential) Zone (Section 5.1 of this ordinance), and the uses permitted in the R-R Zone shall be the only uses permitted, and shall be subject to the same development standards.

Amended Effective:
09-04-62
06-16-66 (Sections 3.26 and 3.27 Repealed)
07-16-85 (Ord. 348.2496)
(Formerly Article IIIa - renumbered Article Va and amended):
05-04-72 (Ord. 348.1023)
02-03-77 (Ord. 348.1545)

ARTICLE VI

R-1 ZONE (ONE-FAMILY DWELLINGS)

SECTION 6.1. USES PERMITTED.

a. The following uses shall be permitted in the R-1 Zone:

(1) One-family dwellings.

(2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products.

(3) The noncommercial keeping of horses on lots not less than 20,000 square feet in area and 100 feet in width, provided they are kept not less than 100 feet from any street and 20 feet from any property line. A maximum of two horses per 20,000 square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry, crowing fowl (chickens only), rabbits, chinchillas, guinea pigs, parakeets and small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing fowl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in area, two sheep or goats or combination thereof may be kept in addition thereto provided they are kept not less than 100 feet from any street, 20 feet from any property line and 50 feet from any residence.

Amended Effective:
02-12-99 (Ord. 348.3857)
09-15-00 (Ord. 348.3954)

(4) Home occupations.

Amended Effective:
(Ord. 348.3928)

(5) The keeping or raising of not more than four (4) mature female crowing fowl (chickens only) on lots or parcels between 7,200 square feet and 39,999 square feet or not more than 12 mature female crowing fowl (chickens only) on lots of 40,000 square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

Amended Effective:
09-15-00 (Ord. 348.3954)

(6) Planned residential developments, provided a land division is approved pursuant to the provisions of County Ordinance No. 460 and the development standards in Section 18.5 or 18.6 of this ordinance.

(7) The noncommercial raising of not more than one (1) miniature pig on lots from 7,200 to 19,999 square feet or not more than two (2) miniature pigs on lots of not less than 20,000 square feet, subject to the following conditions:

a. Any person owning or having custody or control of a miniature pig over the age of four (4) months shall pay for and obtain a license from the Animal Control Department.

b. Any miniature pig kept or maintained on a lot with a use permitted under section 6.1.a.(1) shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c. No miniature pig may weigh more than two hundred (200) pounds.

d. Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e. The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

(8) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge.

(9) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet.

Amended Effective:
02-12-99 (Ord. 348.3857)
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)
02-24-04 (Ord. 348.4180)

b. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance:

(1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area.

(2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event.

(3) Nurseries, horticultural.

(4) Public parks and playgrounds, golf courses with standard length fairways, and country clubs.

(5) Class 1 kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 18.45 of this ordinance.

(6) Child Day Care Center.

Added Effective:
07-23-99 (Ord. 348.3881)
03-12-09 (Ord. 348.4596)

c. The following uses are permitted provided a conditional use permit has been granted pursuant to Section 18.28 of this ordinance:

(1) Mobilehome parks, developed pursuant to Section 19.92 of this ordinance.

d. Deleted.

e. The following uses are permitted provided a public use permit has been granted pursuant to the provisions of Section 18.29 of this ordinance:

(1) Churches, temples and other places of religious worship.

Amended Effective:
12-23-82 (Ord. 348.2140)
06-28-84 (Ord. 348.2341)
04-04-87 (Ord. 348.2669)
02-12-99 (Ord. 348.3857)
09-10-99 (Ord. 348.3883)
10-21-99 (Ord. 348.3888)

SECTION 6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the R-1 Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of this ordinance.

a. Building height shall not exceed three stories, with a maximum height of 40 feet.

b. Lot area shall be not less than 7200 square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

c. The minimum average width of that portion of a lot to be used as a building site shall be 60 feet with a minimum average depth of 100 feet. That portion of a lot used for access on flag lots shall have a minimum width of 20 feet.

d. The minimum frontage of a lot shall be 60 feet, except that lots fronting on knuckles or cul-de-sac may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

e. Minimum yard requirements are as follows:

(1) The front yard shall be not less than 20 feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

(2) Side yards on interior and through lots shall be not less than ten percent of the width of the lot, but not less than three feet in width in any event, and need not exceed a width of five feet. Side yards on corner and reversed corner lots shall be not less than ten feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide the yard need not exceed 20 percent of the width of the lot.

(3) The rear yard shall not be less than ten feet.

(4) No structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of this ordinance. f. Automobile storage space shall be provided as required by Section 18.12 of this ordinance. g. Lot Coverage: In no case shall more than 50% of any lot be covered by dwelling.

Amended Effective:
01-15-64 (Ord. 348.251) | 07-06-89 (Ord. 348.3032)
05-06-64 (Ord. 348.275) | 07-16-98 (Ord. 348.3828)
04-17-68 (Ord. 348.556) | 02-12-99 (Ord. 348.3857)
03-11-70 (Ord. 348.700) | 07-23-99 (Ord. 348.3881)
09-23-70 (Ord. 348.777) | 09-10-99 (Ord. 348.3883)
05-04-72 (Ord. 348.1023) | 10-21-99 (Ord. 348.3888)
10-19-74 (Ord. 348.1091) | 04-14-00 (Ord. 348. 3928)
09-13-73 (Ord. 348.1201) | 09-15-00 (Ord. 348.3954)
05-30-74 (Ord. 348.1327) | 12-21-00 (Ord. 348.3966)
05-01-75 (Ord. 348.1443)
04-12-79 (Ord. 348.1688)
07-02-81 (Ord. 348.1965)
03-16-82 (Ord. 348.2074)
12-23-82 (Ord. 348.2140)
05-19-83 (Ord. 348.2162)
08-29-85 (Ord. 348.2510)

ARTICLE VIa

R-1A ZONE (ONE-FAMILY

DWELLINGS - MOUNTAIN RESORT)

The following regulations shall apply in all R-1A Zones:

SECTION 6.25. USES PERMITTED.

a.

(1) One-family dwellings.

(2) Field crops, flower and vegetables gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products.

(3) The noncommercial keeping of horses on lots not less than 20,000 square feet in area and 100 feet in width, provided they are kept not less than 100 feet from any street and 20 feet from any property line. A maximum of two horses per 20,000 square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry, crowing fowl (chickens only) , rabbits, chinchillas, guinea pigs, parakeets and other small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing fowl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in area, two sheep or goats or combination thereof may be kept in addition thereto provided they are kept not less than 100 feet from any street, 20 feet from any property line and 50 feet from any residence.

Amended Effective:
02-12-99 (Ord. 348.3857)
09-15-00 (Ord. 348.3954)

(4) The keeping or raising of not more than four (4) mature female crowing fowl (chickens only) on lots or parcels between 7,200 square feet and 39,999 square feet or not more than 12 mature female crowing fowl (chickens only) on lots of 40,000 square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

Amended Effective:
09-15-00 (Ord. 348.3954)

(5) Home occupations.

(6) Planned residential developments, provided a land division is approved pursuant to the provisions of County Ordinance No. 460 and the development standards in Section 18.5 or 18.6 of this ordinance.

(7) Real estate offices and insurance offices conducted as home occupations.

(8) Deleted.

Amended Effective:
07-16-98 (Ord. 348.3828)

(9) The noncommercial raising of not more than one (1) miniature pig on lots from 7,200 to 19,999 square feet or not more than two (2) miniature pigs on lots of not less than 20,000 square feet, subject to the following conditions:

a. Any person owning or having custody or control of a miniature pig over the age of four (4) months shall pay for and obtain a license from the Animal Control Department.

b. Any miniature pig kept or maintained on a lot with a use permitted under section 6.25.a.(1) shall be spayed or neutered as a condition of being licensed. No licensed shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c. No miniature pig may weigh more than two hundred (200) pounds.

d. Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e. The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

Added Effective:
02-12-99 (Ord. 348.3857)

(10) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge.

(11) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet.

Amended Effective:
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)
02-24-04 (Ord. 348.4087)

b. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Sections 18.30 of this ordinance:

(1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area.

(2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event.

(3) Nurseries, horticultural.

(4) Public parks and public playgrounds, golf courses with standard length fairways, and county clubs.

Added Effective:
07-23-99 (Ord. 348.3881)

(5) Class 1 kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 18.45 of this ordinance.

(6) Child Day Care Center.

Added Effective:
03-12-09 (Ord. 348.4596)

c. The following uses are permitted provided a conditional use permit has been granted pursuant to Section 18.28 of this ordinance:

(1) Mobilehome parks, developed pursuant to Section 19.92 of this ordinance.

d. The following uses are permitted provided a public use permit has been granted pursuant to the provisions of Section 18.29 of this ordinance:

(1) Churches, temples and other places of religious worship.

Amended Effective:
07-16-98 (Ord. 348.3828)
02-12-99 (Ord. 348.3857)
09-10-99 (Ord. 348.3881)
10-21-99 (Ord. 348.3888)

Added Effective:
10-21-99 (Ord 348.3888)

SECTION 6.26. OTHER REGULATIONS.

a. Building height shall not exceed three stories, with a maximum height of 40 feet.

b. Required lot area shall not be less than 7200 square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

c. In no case shall more than 50% of any lot be covered by buildings.

d. Minimum yard requirements are as follows:

(1) The front yard shall not be less than 20 feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

(2) Side yards on interior and through lots shall not be less than ten percent of the width of the lot, but not less than three feet in width in any event, and need not exceed a width of five feet. Side yards on corner and reversed corner lots shall be not less than ten feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide the yard need not exceed 20 percent of the width of the lot.

(3) The rear yard shall not be less than ten feet.

(4) No structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of this ordinance.

Amended Effective:
07-16-98 (Ord. 348.3828)

SECTION 6.27. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

Amended Effective:
09-22-60
07-27-66 (Ord. 348.459) Subsection(d) repealed
05-30-74 (Ord. 348.1327)
12-23-83 (Ord. 348.2140)
04-04-87 (Ord. 348.2669)
04-13-89 (Ord. 348.3010)
10-06-92 (Ord. 348.3447)
07-16-98 (Ord. 348.3828)
02-12-99 (Ord. 348.3857)
07-23-99 (Ord. 348.3881)
09-10-99 (Ord. 348.3883)
12-21-00 (Ord. 348.3966)

ARTICLE VIb

R-A ZONE (RESIDENTIAL AGRICULTURAL) The following regulations shall apply to all R-A Zones:

SECTION 6.50. USES PERMITTED.

a.

(1) One-family dwellings.

(2) Field crops, and vegetables gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products.

(3) Repealed.

Added Effective:
02-12-1999 (Ord. 348.3857)
07-23-1999 (Ord. 348.3881)

(4) Repealed.

Amended Effective:
(Ord. 348.3881)

(5) Home occupations.

(6) Planned residential developments, provided a land division is approved pursuant to the provisions of County Ordinance No. 460 and the development standards in Section 18.5 or 18.6 of this ordinance.

(7) The noncommercial keeping of horses, cattle, sheep, and goats on lots or parcels over 20,000 square feet in area and 100 feet in width, provided they are kept, fed and maintained not less than 50 feet from any residence existing at the time such use is established. Two such animals may be kept on each 20,000 square feet up to one acre and two such animals for each additional acre.

(8) Poultry, crowing fowl and rabbits for the use of the occupants of the premises only. All poultry, crowing fowl and rabbits shall be kept in an enclosed area, located not less than 20 feet from any property line and not less than 50 feet from any residence existing at the time such use is established.

Amended Effective:
9-15-00 (Ordinance 348.3954)

(9) Wholesale nurseries, greenhouses, orchard, aviaries, apiaries (subject to County Ordinance No. 551), the rasing of field crops and tree crops, berry and bush crops, and vegetable, flower and herb gardening on a commercial scale; the drying, packing and processing of fruits (other than canning), nuts, vegetables and other horticultural products where such drying, packing or processing is primarily in conjunction with a farming operation and provided the permanent buildings and structures used in conjunction with such drying, packing and processing operations are not nearer than 20 feet from the boundaries of the premises.

(10) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge.

Amended Effective:
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)

(11) The raising or breeding of guinea pigs, parakeets, chinchillas, or other similar small fowl or animals (excluding crowing fowl), provided that all such uses are kept and maintained in an enclosed area, located not less than 20 feet from any property line and at least 50 feet from any residence existing at the time such use is established.

Amended Effective:
9-15-00 (Ordinance 348.3954)

(12) A temporary stand, not exceeding 200 square feet in area, used exclusively for the sale of products grown on the premises, and a sign, not to exceed six square feet, advertising the sale of said product. Off-street parking shall be as required in Section 18.12 of this ordinance, except than no paving shall be required.

(13) Farms or establishments for the selective or experimental breeding and raising of cattle, sheep, goats, and other farm stock or animals subject to the permissible number, conditions, and provisions set forth in Subsection a.(7) of this section.

(14) One mobilehome, as a principal residence only, provided:

a) The minimum lot size shall be 21/2 acres.

b) The mobilehome shall have a floor area of not less than 750 square feet.

c) The area between the ground level and the floor of the mobilehome shall be screened from view by an opaque skirt which shall be securely fastened to the mobilehome in a manner which insures that the skirting is rigid and not movable. The skirting shall be the same material and color as the siding on the mobilehome although other materials may be used if they are weather-resistant.

d) The location of the mobilehome, sanitary facilities and utilities shall conform with all of the requirements of the County Health Department, County Building and Safety Department and State law.

(15) The grazing of sheep where such grazing operation is conducted on fields for the purpose of clearing stubble or unharvested crops, without limit as to the number of animals per acre, for a period of not more than 30 days in any six-month period for each parcel.

(16) Kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 18.45 of this ordinance.

(17) An additional one family mobilehome, excluding the principal dwelling, shall be allowed for each ten acres being farmed. Said additional mobilehomes shall be located on a parcel being farmed and occupied by the owner, operator or employee of the farming operation as a one family residence provided:

a) The mobilehome shall have a floor area of not less than 750 square feet.

b) The mobilehome is not rented or held out for lease.

c) The mobilehome is located not less than 50 feet from any property line.

d) The mobilehome is screened from view from the front property line by shrubs or trees and has a sprinkler system installed to insure the proper maintenance of plant materials.

e) The number of dwellings for employees shall not exceed two per established farming operation.

f) The arrangement of the mobilehomes, sanitary facilities and utilities conforms with all of the requirements of the County Health Department, County Building and Safety Department and State law.

(18) The noncommercial raising of not more than one (1) miniature pig on lots from 7,200 to 19,999 square feet or not more than two (2) miniature pigs on lots of not less than 20,000 square feet, subject to the following conditions:

a. Any person owning or having custody or control of a miniature pig over the age of four (4) months shall pay for and obtain a license from the Animal Control Department.

b. Any miniature pig kept or maintained on a lot with a use permitted under section 6.50.a (1) shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c. No miniature pig may weigh more than two hundred (200) pounds.

d. Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e. The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

Added Effective:
02-12-99 (Ord. 348.3857)

(19) The keeping or raising of not more than 12 mature female crowing fowl on lots or parcels between 20,000 square feet and 39,999 square feet or not more than 50 mature female crowing fowl and 10 mature male crowing fowl on lots of 40,000 square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

(20) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet.

Amended Effective:
9-15-00 (Ord. 348.3954)
02-24-04 (Ord. 348.4087)

b. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance.

(1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area.

(2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event.

(3) Public parks and public playgrounds, golf courses with standard length fairways, and county clubs.

(4) Child Day Care Center.

Added Effective:
07-23-99 (Ord. 348.3881)
03-12-09 (Ord. 348.4596)

c. The following uses are permitted provided a conditional use permit has been granted pursuant to Section 18.28 of this ordinance:

(1) Mobilehome parks, developed pursuant to Section 19.92 of this ordinance.

Added: (Ord. 348.153)

d. The following uses are permitted provided a public use permit has been granted pursuant to the provisions of Section 18.29 of this ordinance:

(1) Churches, temples and other places of religious worship.

Amended Effective:
09-10-99 (Ord. 348.3883) repealed
10-21-99 (Ord. 348.3888)

e. Subject to the provisions of Section 18.28b, the number of mature crowing fowl may be increased up to 50% over each (male and female) of the permitted numbers.

Amended Effective:
9-15-00 (Ordinance 348.3954)

Amended Effective:
12-23-82 (Ord. 348.2140)
12-06-84 (Ord. 348.2414)
04-04-87 (Ord. 348.2669)
07-16-98 (Ord. 348.3828)
07-23-99 (Ord. 348.3881)
09-10-99 (Ord. 348.3883)
10-21-99 (Ord. 348.3888)
09-15-00 (Ord. 348.3954)

SECTION 6.51. BUILDING HEIGHT LIMIT. One family residences shall not exceed forty (40') feet in height. No other building or structure shall exceed fifty (50') feet in height, unless a greater height is approved pursuant to Section 18.34 of this ordinance. In no event, however, shall a building exceed seventy-five (75') feet in height or any other structure exceed one hundred five (105') feet in height, unless a variance is approved pursuant to Section 18.27 of this ordinance.

Amended Effective:
07-16-98 (Ord. 348.3828)
05-24-01 (Ord. 348.3990)

SECTION 6.52. REQUIRED LOT AREA AND DIMENSIONS. Minimum lot size of 20,000 square feet, with minimum width of 100 feet and a minimum depth of 150 feet. No animals or fowl, other than domestic pets and poultry and rabbits, for the exclusive use of the occupant, shall be permitted on lots of less than 20,000 square feet.

Amended Effective:
07-16-98 (Ord. 348.3828)

SECTION 6.53. FRONT YARD REQUIRED. The front yard shall not be less than 20 feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

Amended Effective:
07-16-98 (Ord. 348.3828)

SECTION 6.54. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

Amended Effective:
01-15-64 (Ord. 348.251)
06-10-70 (Ord. 348.737)
07-22-70 (Ord. 348.753)
05-30-74 (Ord. 348.1327)
01-19-66 (Ord. 348.422)
12-12-74 (Ord. 348.1396)
11-29-79 (Ord. 348.1729- Operative 1-1-80)

Amended Effective:
12-23-82 (Ord. 348.2140)
07-16-98 (Ord. 348.3828)
02-12-99 (Ord. 348.3857)
09-10-99(Ord. 348.3883)
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)
05-24-01 (Ord. 348.3990)

ARTICLE VII

R-2 ZONE (MULTIPLE FAMILY DWELLINGS)

The following regulations shall apply in all R-2 Zones:

SECTION 7.1. USES PERMITTED.

a.

(1) One-family dwellings.

(2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products.

(3) The noncommercial keeping of horses on lots not less than 20,000 square feet in area and 100 feet in width, provided they are kept not less than 100 feet from any street and 20 feet from any property line. A maximum of two horses per 20,000 square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry, crowing fowl (chickens only), rabbits, chinchillas, guinea pigs, parakeets and small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing fowl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in area, two sheep or goats or combination thereof may be kept in addition thereto provided they are kept not less than 100 feet from any street, 20 feet from any property line and 50 feet from any residence.

Amended Effective:
02-12-99 (Ord. 348.3857)
09-15-00 (Ord. 348.3954)

(4) The keeping or raising of not more than four (4) mature female crowing fowl (chickens only) on single family residential lots or parcels between 7,200 square feet and 39,999 square feet or not more than 12 mature female crowing fowl (chickens only) on single family residential lots of 40,000 square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

Amended Effective:
09-15-00 (Ord. 348.3954)

(5) Home occupations.

(6) Planned residential developments, provided a land division is approved pursuant to the provisions of County Ordinance No. 460 and the development standards in Section 18.5 or 18.6 of this ordinance.

(7) Deleted.

(8) On-site signs, affixed to building walls, stating the name of the structure, use, or institution, not to exceed five percent of the surface area of the exterior face of the wall upon which the sign is located.

(9) One-family dwellings developed as restricted single-family residential subdivisions, subject to the development standards of Section 7.11 of this ordinance. The provisions of Sections 7.2 through 7.10 of this ordinance shall not be applicable to developments under this permitted use.

Amended Effective:
07-16-98 (Ord. 348.3828)

(10) The noncommercial raising of not more than one (1) miniature pig on lots from 7,200 to 19,999 square feet or not more than two (2) miniature pigs on lots of not less than 20,000 square feet, subject to the following conditions:

a. Any person owning or having custody or control of a miniature pig over the age of four (4) months shall pay for and obtain a license from the Animal Control Department.

b. Any miniature pig kept or maintained on a lot with a use permitted under section 7.1.a.(1) shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c. No miniature pig may weigh more than two hundred (200) pounds.

d. Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e. The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

Added Effective:
02-12-99 (Ord. 348.3857)

(11) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge.

(12) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet.

Amended Effective:
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)
02-24-04 (Ord. 348-4087)

b. The following uses shall be permitted provided a plot plan has first been approved pursuant to the provisions of Section 18.30 of this ordinance:

(1) Two family dwellings, multiple family dwellings, bungalow courts and apartment houses.

(2) Boarding, rooming and lodging houses.

(3) Churches, educational institutions, public libraries, museums and art galleries not operated for compensation or profit.

(4) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event.

(5) Congregate care residential facilities.

(6) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area.

(7) Nurseries, horticultural.

(8) Public parks and public playgrounds, golf courses with standard length fairways, and county clubs.

Added Effective:
07-23-99 (Ord. 348.3881)

(9) Class I kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 18.45 of this ordinance.

(10) Child Day Care Center.

Added Effective:
03-12-09 (Ord. 348.4596)

c. The following uses are permitted provided a conditional use permit is granted pursuant to Section 18.28 of this ordinance:

(1) Mobilehome parks, developed pursuant to Section 19.92 of this ordinance.

(2) Congregate care residential facilities, developed pursuant to Section 19.103 of this ordinance.

Amended Effective:
12-23-82 (Ord. 348.2140)
06-28-84 (Ord. 348.2342)
12-06-84 (Ord. 348.2414)
01-02-86 (Ord. 348.2540)
01-15-87 (Ord. 348.2643)
04-04-87 (Ord. 348.2669)

Amended Effective:
07-16-98 (Ord. 348.3828)
02-12-99 (Ord. 348.3857)
07-23-99 (Ord. 348.3881)

SECTION 7.2. BUILDING HEIGHT LIMIT. Building height shall not exceed three stories, with a maximum height of 40 feet.

Amended Effective:
07-16-98 (Ord. 348.3828)

SECTION 7.3. REQUIRED LOT AREA. Lot area shall be not less than 7200 square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

Amended Effective:
07-16-98 (Ord. 348.3828)

SECTION 7.4. FRONT YARD REQUIRED. The front yard shall be not less than 20 feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

Amended Effective:
07-16-98 (Ord. 348.3828)

SECTION 7.5. SIDE YARDS REQUIRED. Side yards on interior and through lots shall be not less than ten percent of the width of the lot, but not less than three feet in width in any event, and need not exceed a width of five feet. Side yards on corner and reversed corner lots shall be not less than ten feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide the yard need not exceed 20 percent of the width of the lot.

Amended Effective:
07-16-98 (Ord. 348.3828)

SECTION 7.6. REAR YARD REQUIRED. The rear yard shall not be less than ten feet.

Amended Effective:
07-16-98 (Ord. 348.3828)

SECTION 7.7. LOT COVERAGE PERMITTED. In no case shall more than 60 per cent of any lot be covered by buildings.

SECTION 7.8. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

SECTION 7.9. DISTANCE REQUIRED BETWEEN MAIN BUILDINGS. No two-story main building shall be closer than 15 feet to any other main building on the same lot and no one-story building shall be closer than ten feet to any other one-story main building on the same lot.

SECTION 7.10. AREA PER DWELLING UNIT. Every main building hereafter erected or structurally altered shall have a lot or building site area of not less than 2500 square feet for each dwelling unit in such main building.

SECTION 7.11. RESTRICTED SINGLE-FAMILY RESIDENTIAL SUBDIVISIONS.

a. DEVELOPMENT OBJECTIVE. The development objective of this section is to facilitate single-family residential subdivision projects which exhibit excellence in design and in the provision of housing opportunities through an integration of site planning, subdivision design, and housing development. It is envisioned that the site plans for these developments will be determined through a thorough analysis of a project site in terms of its constraints, opportunities, grading requirements, area characteristics, the requirements of the County General Plan, and other County ordinances governing the development of land.

Projects developed pursuant to this section are expected to:

(1) Provide for the placement of dwellings on individual lots so as to create variety in the street scene and to balance the distribution of height and bulk of individual dwellings relative to other dwellings and their location in the subdivision, and to provide for superior subdivision design and livability through the location and arrangement of lots, and in the design of streets through the use of short cul-de-sac and/or curvilinear streets in preference to straight or rectangular grid interior street patterns.

(2) Provide for a basic level of usable and total open space, both on individual lots and throughout a subdivision, so as to meet the needs of project residents. (3) Result in residential communities which offer a variety of housing opportunities and provide for diversity in design through careful attention to house designs, floor plans, street scenes, architecture, including the visual impact of garages and placement of mechanical equipment, fencing and landscaping.

b. ALLOWABLE DENSITY. The allowable density of a project will be determined by the physical and service constraints of the property and the area in which the property is located; the planning goals, objectives, policies, and standards of the County General Plan; and, the development standards of this section and other County ordinances.

c. DESIGN GUIDELINES.

(1) Wherever development objectives are identified in this section, or wherever design-oriented objectives are specified under minimum development standards, those objectives shall be implemented in conjunction with design guidelines adopted by the Board of Supervisors.

(2) The Planning Director shall develop, prepare and keep current a design guidelines manual for adoption by resolution of the Board of Supervisors and shall, when appropriate, recommend amendments to the manual for adoption by the Board.

d. FILING REQUIREMENTS.

(1) The following information shall be filed in conjunction with a restricted single family development filed pursuant to this section:

a) An application for a land division pursuant to County Ordinance No. 460.

b) If the application is intended to implement an adopted specific plan of land use, a statement shall be filed specifying how the specific plan is being implemented through the project.

c) A comprehensive site plan, conceptual grading plan and tentative subdivision map, based upon a contour interval no greater than four feet, showing the following in addition to the requirements of County Ordinance No. 460:

1. proposed lots including lot lines and proposed easement lines, if any.

2. building footprints.

3. floor plan assignments.

4. proposed setbacks.

5. pad elevations, street grades and all cut and fill slopes in excess of one foot in vertical height.

d) The following separate tabulations shall be provided:

1. the mix of floor plans

2. the lot/building calculations for each lot in the project as follows:

a. lot area.

b. lot pad area.

c. building footprint area.

d. percentage lot coverage

e. lot width.

f. front setback.

g. area defined by Section 7.11.f.(2)f.

h. usable rear yard depth.

i. usable rear yard area.

j. usable rear-oriented side yards are no less than ten usable feet in width.

k. total rear yard area.

l. total rear-oriented side yard areas where the side yards are no less than ten feet in width.

3. the total gross project area, total net project area, net area devoted to streets and net area devoted to lot purposes.

a) A fencing plan including details of proposed materials to be used.

b) Dimensioned conceptual floor plans and elevations, including details of proposed materials for elevations, and square-footage and heights of individual units.

c) Proposed phasing plan showing the planned sequence of subdivision map recordation and development.

(2) The following additional requirements shall apply to applications filed pursuant to this section:

a) All necessary information shall be filed in order for the project to be environmentally evaluated in accordance with the Riverside County General Plan, the California Environment Quality Act (CEQA), and the Riverside County Rules to Implement CEQA.

b) 81/2" x 11" reduction transparencies of all exhibits and maps shall be provided.

c) The scale of the site plan and all the same with a minimum scale of 1" = 40'. In situations where the required 40' scale maps would involve preparation of multiple sheets to accommodate an entire project, composite reductions on a single sheet may be submitted in order to facilitate distribution to affected agencies.

d) A pre-application conference with the Planning Department shall be encouraged to be held to review a proposed application prior to actual filing.

e) COMPLETE APPLICATION.

(1) An application shall not be deemed complete until a determination is made by the Planning Director that all necessary information has been submitted.

(2) The Planning Director may waive the filing of any information determined to be unnecessary or not applicable with the exception of the required land division application.

f) MINIMUM DEVELOPMENT STANDARDS. One-family dwellings developed as restricted single-family residential subdivisions shall comply with the following minimum development standards:

(1) SITE DEVELOPMENT STANDARDS.

a) Lots shall have a minimum width of 40 feet measured along the 22 foot average building setback line; provided, however, that lots situated along street knuckles and cul-de-sac bulbs shall have not less than 20 feet of frontage measured along the face of curb.

b) Lots situated along collector roadways shall have a minimum width of 50 feet measured along the 22 foot average building setback line.

c) New property lines shall be located at the tops of slopes except along street rights-of-way where the standards of County Ordinance No. 461 shall apply and in zero lot line situations.

d) Side yard manufactured slopes shall not exceed a maximum of ten feet in vertical height in side yard areas between dwelling units; provided, however, dwellings may be set back from the toes of slopes which exceed ten feet in vertical height by one foot for each foot of vertical slope height, and from the tops of such slopes by one-half foot for each foot of vertical slope height. In no case shall the setbacks from a toes and tops of slopes be less than that required by County Ordinance No. 457.

e) Front yards shall have a minimum average depth of 22 feet throughout the project. Dwellings may be located no closer than 18 feet to the front property line in order to achieve variety in front yard setbacks provided the minimum average setback is maintained and further provided that no garages are situated closer than 30 feet to the face of curb.

f) Side yards shall not be less than five feet except that street side yards of corner lots shall be a minimum of ten feet for single-story dwellings and 15 feet for multi-story dwellings.

g) Building separation between dwelling units shall not be less than ten feet for dwellings up to 28 feet in overall height. Building separation shall be increased by one foot for each foot by which any adjoining building exceeds 28 feet in overall height. Attached garages may encroach a maximum of five feet into the required building separation provided no living portions of adjoining dwellings encroach into the required building separation and provided building separation between structures is not reduced below ten feet. Building separation shall mean the distance between the structural portions of adjoining dwellings as measured from that point where the dwellings are nearest; provided, however, that a yard encroachment permitted under Section 18.19 of this ordinance shall not be considered a structural portion for the determination of building separation.

h) Side yards shall be a minimum of 25 feet for lots which have side yards adjacent to streets with a planned width of 110 feet or greater, state highways, or freeways.

i) Rear yards shall be a minimum of 40 feet for lots which have rear yards adjacent to streets with a planned width of 110 feet or greater, state highways, or freeways.

j) Interior side yards may be reduced to accommodate zero lot line or common wall situations, except that, in no case shall the reduction in side yard areas reduce the required separation between detached structures.

(2) OPEN SPACE DEVELOPMENT STANDARDS.

a) Lot coverage by all main buildings and accessory structures shall not exceed 40 percent of the net area of a lot.

b) Rear yards throughout the project shall have a minimum average depth of 25 feet to the rear property line or toe or top of any manufactured slope, whichever is nearer to the rear of the dwelling, but not less than 20 feet in any case.

c) Each rear yard shall contain a minimum of 1000 square feet of usable area where usable area is defined as lot pad area exclusive of any manufactured slopes.

d) Total usable project open space contained within rear yards and rear-oriented portions of side yards of no less than ten usable feet in width shall average not less than 2000 square feet per lot. For purposes of this section, a rear-oriented side yard is a side yard which is either substantially a continuation of the rear yard by virtue of irregularly shaped rear and side yards, or which by virtue of the floor plan of the dwelling is designed to be an integral part of the indoor and outdoor living environment of the dwelling and lot.

e) Total usable project open space contained within rear yards and rear-oriented portions of side yards of no less than ten feet in width may be reduced to an average of not less than 1600 square feet per lot if total project open-space contained within the rear yards of individual lots and rear-oriented side yards of no less than ten feet in width is not less than 40 percent of the net area of a project devoted to residential lot purposes.

f) In all cases where the front yard setback of a dwelling exceeds 22 feet, the area defined by the product of the footage by which the setback exceeds 22 feet and the width of the lot may be counted toward the project's open space requirements specified in Subsections d. and e. above.

g) The requirements in Subsections d. and e. above shall be satisfied for the project as a whole and each phase of the project if the project is to be recorded in phases. Nothing in Subsections d. and e. above, however, shall prohibit individual homeowners from constructing structural additions or accessory structures on individual lots.

(3) HOUSING DEVELOPMENT STANDARDS.

a) Two enclosed off-street parking spaces shall be required for each dwelling unit, notwithstanding the provisions of Section 18.12 of this ordinance. All driveways shall be concrete paved.

b) All dwellings shall comply with the requirements of Section 18.11 of this ordinance, except that no multi-story dwellings shall contain less than 1100 square feet of total living area.

c) Projects shall provide a range of dwelling unit sizes and floor plans developed in concert with the scale of the project. A minimum of one floor plan shall be provided for each 60 dwelling units, or fraction thereof, in a proposed project, except that in no case shall less than three floor plans be provided for any individual project.

d) Projects shall provide a variety of dwelling elevations developed in concert with the scale of the project. A minimum of one elevation shall be provided for each 15 dwelling units, or fraction thereof, in a proposed project, except that in no case shall less than six elevations be provided for any individual project.

e) Dwellings situated on lots which take access from a collector roadway (66 foot right-of-way) shall either have garages setback deeper from the street than the front of the dwelling, but not less than 30 feet from the face of curb, or be designed with swing in (side oriented) garage entries.

f) Fencing, from building to building, parallel to the street, shall be provided in all side yard areas between dwelling units.

g) The heights and construction of all reverse frontage walls shall be determined through an acoustical study of the forecasted noise environment, but shall not be less than six feet in height from the finished grade of the lot in any case.

h) Dwellings and structures shall not exceed 40 feet in overall height.

i) The number of dwelling units in one residential building shall not exceed two.

g. FINAL PLAN OF DEVELOPMENT.

(1) No final subdivision map shall be recorded pursuant to this section until such time as a final site plan has been submitted to and approved by the Planning Director. The final site plan shall show all lots, building footprints, setbacks, yard spaces, floor plans and elevations, and such additional information as deemed necessary by the Planning Director to determine that the final site plan conforms to this section and the final site plan approved in conjunction with the tentative subdivision map for the property.

(2) Nonsubstantial adjustments to an approved project's design including setbacks, floor plans, and elevations are permitted subject to the approval of the Planning Director or the approval of a minor change pursuant to County Ordinance No. 460. Changes determined to be substantial by the Planning Director including changes in concept and product type, shall be submitted for review in accordance with the provisions of County Ordinance No. 460 governing minor changes and revised tentative maps.

Amended Effective:
(09-22-60)
09-23-70 (Ord. 348.777)
09-13-73 (Ord. 348.1201)
05-30-74 (Ord. 348.1327)
08-29-78 (Ord. 348.1664)
12-23-82 (Ord. 348.2140)
06-28-84 (Ord. 348.2342)
12-06-84 (Ord. 348.2414)

Amended Effective:
08-29-85 (Ord. 348.2510)
07-16-98 (Ord. 348.3828)
02-12-99 (Ord. 348.3857)
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)

ARTICLE VIIa

R-2A ZONE (LIMITED MULTIPLE - FAMILY DWELLINGS)

The following regulations shall apply in all R-2A Zones:

SECTION 7.25. USES PERMITTED.

a.

(1) One-family dwellings.

(2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products.

(3) The noncommercial keeping of horses on lots not less than 20,000 square feet in area and 100 feet in width, provided they are kept not less than 100 feet from any street and 20 feet from any property line. A maximum of two horses per 20,000 square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry, crowing fowl (chickens only), rabbits, chinchillas, guinea pigs, parakeets and other small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing fowl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in area, two sheep or goats or combination thereof may be kept in addition thereto provided they are kept not less than 100 feet from any street, 20 feet from any property line and 50 feet from any residence.

Amended Effective:
02-12-99 (Ord. 348.3857)
09-15-00 (Ord. 348.3954)

(4) The keeping or raising of not more than four (4) mature female crowing fowl (chickens only) on single family residential lots or parcels between 7,200 square feet and 39,999 square feet or not more than 12 mature female crowing fowl (chickens only) on single family residential lots of 40,000 square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

Amended Effective:
09-15-00 (Ord. 348.3954)

(5) Home occupations.

(6) Planned residential developments, provided a land division is approved pursuant to the provisions of County Ordinance No. 460 and the development standards in Section 18.5 or 18.6 of this ordinance.

(7) On-site signs, affixed to building walls, stating the name of the structure, use or institution, not to exceed five percent of the surface area of the exterior face of the wall upon which the sign is located.

(8) Deleted.

(9) The noncommercial raising of not more than one (1) miniature pig on lots from 7,200 to 19,999 square feet or not more than two (2) miniature pigs on lots of not less than 20,000 square feet, subject to the following conditions:

a. Any person owning or having custody or control of a miniature pig over the age of four (4) months shall pay for and obtain a license from the Animal Control Department.

b. Any miniature pig kept or maintained on a lot with a use permitted under section 7.25.a.(1) shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c. No miniature pig may weigh more than two hundred (200) pounds.

d. Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e. The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

Added Effective:
02-12-99 (Ord. 348.3857)

(10) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge.

(11) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet.

Amended Effective:
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)
02-24-04 (Ord. 348.4087)

b. The following uses shall be permitted provided a plot plan has first been approved pursuant to the provisions of Section 18.30 of this ordinance.

(1) Two family dwellings, multiple-family dwellings and apartment houses.

(2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event.

(3) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area.

(4) Nurseries, horticultural. (5) Public parks and public playgrounds, golf courses with standard length fairways, and county clubs.

(6) Churches, temples and other places of religious worship.

Amended Effective:
07-23-99 (Ord. 348.3881)
09-10-99 (Ord. 348.3883) repealed
10-21-99 (Ord. 348.3888)

(7) Class I kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 18.45 of this ordinance.

(8) Child Day Care Center.

Amended Effective:
07-16-98 (Ord. 348.3828)
07-23-99 (Ord. 348.3881)
09-10-99 (Ord. 348.3883) repealed
10-21-99 (Ord. 348.3888)
03-12-09 (Ord. 348.4596)

c. The following uses are permitted provided a conditional use permit is granted pursuant to Section 18.28 of this ordinance:

(1) Mobilehome parks, developed pursuant to Section 19.92 of this ordinance.

Amended Effective:
12-23-82 (Ord. 348.2140)
12-06-84 (Ord. 348.2414)
01-02-86 (Ord. 348.2540)
04-04-87 (Ord. 348.2669)
07-16-98 (Ord. 348.3828)
02-12-99 (Ord. 348.3857)
07-23-99 (Ord. 348.3881)

SECTION 7.26. BUILDING HEIGHT LIMIT.

Two stories of 30 feet.

SECTION 7.27. REQUIRED LOT AREA.

7,200 square feet.

SECTION 7.28. YARD REQUIREMENTS.

a. Front yard, 20 feet.

b. Side yard, five feet.

c. Rear yard, ten feet.

d. No structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of this ordinance.

Amended Effective:
08-29-85 (Ord. 348.2510)

SECTION 7.29. LOT COVERAGE PERMITTED.

In no case shall more than 60 percent of any lot be covered by buildings.

SECTION 7.30. DISTANCE REQUIRED BETWEEN MAIN BUILDINGS.

No two-story main building shall be closer than 15 feet to any other main building on the same lot and no one-story building shall be closer than ten feet to any other one-story main building on the same lot.

SECTION 7.31. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

Amended Effective:
09-22-60
09-23-70 (Ord. 348.777)
09-13-73 (Ord. 348.1201)
05-30-74 (Ord. 348.1327)
03-16-82 (Ord. 348.2074)
12-23-82 (Ord. 348.2140)
08-29-85 (Ord. 348.2510)
07-16-98 (Ord. 348.3828)
02-12-99 (Ord. 348.3857)
07-23-99 (Ord. 348.3881)

Amended Effective:
09-10-99 (Ord. 348.3883)
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)

ARTICLE VIII

R-3 ZONE (GENERAL RESIDENTIAL)

The following regulations shall apply in all R-3 Zones:

SECTION 8.1. USES PERMITTED.

a. The following uses are allowed providing a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Ordinance 348 is approved:

(1) One-family dwelling.

(2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products.

(3) The noncommercial keeping of horses on lots not less than 20,000 square feet in area and 100 feet in width, provided they are kept not less than 100 feet from any street and 20 feet from any property line. A maximum of two horses per 20,000 square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry, crowing fowl (chickens only), rabbits, chinchillas, guinea pigs, parakeets and small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing fowl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in area, two sheep or goats or combination thereof may be kept in addition thereto provided they are kept not less than 100 feet from any street, 20 feet from any property line and 50 feet from any residence.

Amended Effective:
02-12-99 (Ord. 348.3857)
09-15-00 (Ord. 348.3954)

(4) Public parks and public playgrounds, golf courses with standard length fairways, and country clubs.

(5) Home occupations.

(6) On-site signs, affixed to building walls, stating the name of the structure, use, or institution, not to exceed five percent of the surface area of the exterior face of the wall upon which the sign is located.

(7) One-family dwellings developed as restricted single-family residential subdivisions, subject to the development standards of Section 7.11 of this ordinance. The provisions of Sections 8.2 of this ordinance shall not be applicable to developments under this permitted use.

(8) Accessory buildings, to a specific permitted use, provided that the accessory building is established as an incident to a principal use and does not change the character of that use.

(9) On-site signs, affixed to building walls, stating the name of the structure, use, or institution, not to exceed five percent of the surface area of the exterior face of the wall upon which the sign is located.

(10) Planned residential developments, provided a land division is approved pursuant to the provisions of County Ordinance No 460 and the development standards in Section 18.5 or 18.6 of this ordinance.

(11) Kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 18.45 of this ordinance.

(12) Two family dwellings, multiple family dwellings, bungalow courts and apartment houses.

(13) Boarding, rooming and lodging houses.

(14) Churches, educational institutions, public libraries, museum and art galleries not operated for compensation or profit.

(15) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event.

(16) Congregate care residential facilities.

(17) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area.

(18) Nurseries, horticultural.

(19) Nonprofit clubs and lodge halls.

(20) Fraternity and sorority houses.

(21) Hotels, resort hotels, and motels.

(22) Child Day Care Center.

Added Effective:
03-12-09 (Ord. 348.4596)

(23) Institutions for the aged licensed by the California State Department of Social Welfare or the County Department of Public Welfare.

(24) Offices, including medical, dental, chiropractic law offices, architectural, engineering, community planning and real estate; provided there is no outdoor storage of materials, equipment, or vehicles, other than passenger cars.

(25) The noncommercial raising of not more than one (1) miniature pig on lots from 7,200 to 19,999 square feet or not more than two (2) miniature pigs on lots of not less than 20,000 square feet, subject to the following conditions:

a. Any person owning or having custody or control of a miniature pig over the age of four (4) months shall pay for and obtain a license from the Animal Control Department.

b. Any miniature pig kept or maintained on a lot with a use permitted under section 8.1.a.(1) shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c. No miniature pig may weigh more than two hundred (200) pounds.

d. Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e. The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

(26) Churches, temples, and other places of religious worship.

Added Effective:
02-12-99 (Ord. 348.3857)
09-10-99 (Ord. 348.3883)

(27) The keeping or raising of not more than four (4) mature female crowing fowl (chickens only) on single family residential lots or parcels between 7,200 square feet and 39,999 square feet or not more than 12 mature female crowing fowl (chickens only) on single family residential lots of 40,000 square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

Amended Effective:
09-15-00 (Ord. 348.3954)

(28) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge.

Amended Effective:
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)

b. The following uses shall be permitted provided a conditional use permit is obtained pursuant to this ordinance:

(1) Mobilehome parks, developed pursuant to Section 19.92 of this ordinance.

(2) Parking area for commercial uses.

(3) Congregate care residential facilities, developed pursuant to Section 19.103 of this ordinance.

Amended Effective:
03-12-09 (Ord. 348.4596)

c. The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet.

Amended Effective:
07-16-98 (Ord. 348.3828)
12-23-82 (Ord. 348.2140)
06-28-84 (Ord. 348.2341)
04-04-87 (Ord. 348.2669)
01-15-87 (Ord. 348.2543)
07-16-98 (Ord. 348.3828)
02-12-99 (Ord. 348.3857)
12-21-00 (Ord. 348.3966)
02-24-04 (Ord. 348-4087)

SECTION 8.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the R-3 Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of this ordinance.

a. The minimum lot area shall be 7200 square feet with a minimum average width of 60 feet and a minimum average depth of 100 feet, unless different minimums are specifically required in a particular area.

b. The minimum front and rear yards shall be ten feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back from the front and rear lot lines no less than ten feet plus two feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from any existing or future street line as shown on any specific street plan of the County. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback.

c. The minimum side yard shall be five feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back from each side lot line five feet plus two feet for each foot by which the height exceeds 35 feet; if the side yard adjoins a street, the side setback requirement shall be the same as required for a front setback. No structural encroachments shall be permitted in the front, side, or rear yard except as provided in Section 18.19 of this ordinance.

d. No lot shall have more than 50 percent of its net area covered with buildings or structures.

e. The maximum ratio of floor area to lot area shall not be greater than two to one, not including basement floor area.

f. All buildings and structures shall not exceed 50 feet in height, unless a height up to 75 feet is specifically permitted under the provisions of Section 18.34 of this ordinance.

g. (Deleted)

h. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

Amended Effective:
01-15-64 (Ord. 348.251)
01-19-66 (Ord. 348.422)
06-07-67 (Ord. 348.507)
09-23-70 (Ord. 348.777)
09-16-71 (Ord. 348.920)
05-04-72 (Ord. 348.1023)
06-21-73 (Ord. 348.1180)
09-13-73 (Ord. 348.1201)
05-30-74 (Ord. 348.1327)
12-10-75 (Ord. 348.1481)

Amended Effective:
04-12-79 (Ord. 348.1688)
03-16-82 (Ord. 348.2074)
12-23-82 (Ord. 348.2140)
08-29-85 (Ord. 348.2510)
07-16-98 (Ord. 348.3828)
02-12-99 (Ord. 348.3857)
09-10-99 (Ord. 348.3883)
10-21-99 (Ord. 348.3888)
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)

ARTICLE VIIIa

R-3A ZONE (VILLAGE TOURIST RESIDENTIAL)

SECTION 8.24. PURPOSE AND INTENT. It is the intent of this article to allow residents in mountainous resort areas of the unincorporated area of the County to combine limited commercial uses with a residential dwelling. It is the intent of the Board of Supervisors in adopting this article that these limited commercial uses shall not alter or disturb the residential or resort nature of the premises or its surroundings. The combination of commercial and residential uses shall be known as cottage commercial.

SECTION 8.25. USES PERMITTED.

a. The following uses are permitted in the R-3A Zone:

(1) One-family dwellings.

(2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to sale of the products.

(3) Repealed.

Amended Effective:
07-23-99 (Ord. 348.3881)

(4) Home occupations.

(5) Planned residential developments, provided a land division is approved pursuant to the provisions of County Ordinance No. 460 and the development standards in Section 18.5 or 18.6 of this ordinance.

(6) The noncommercial raising of not more than one (1) miniature pig on lots from 7,200 to 19,999 square feet or not more than two (2) miniature pigs on lots of not less than 20,000 square feet, subject to the following conditions:

a. Any person owning or having custody or control of a miniature pig over the age of four (4) months shall pay for and obtain a license from the Animal Control Department.

b. Any miniature pig kept or maintained on a lot with a use permitted under section 8.25.a.(1) shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c. No miniature pig may weigh more than two hundred (200) pounds.

d. Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e. The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

Added Effective:
02-12-99 (Ord. 348.3857)

(7) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet.

Amended Effective:
02-24-04 (Ord. 348.4087)

b. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance, and provided that the commercial uses are conducted entirely within a one family dwelling and are secondary to the principal use of the dwelling as a residence:

(1) Antique shops

(2) Arts and crafts shops, including art galleries.

(3) Beauty and barber shops.

(4) Blue print and duplicating services.

(5) Bookstores and binders.

(6) Boutique shops.

(7) Ceramics.

(8) Costume design studios.

(9) Dwelling, bed and breakfast.

(10) Florist shops.

(11) Gift shops.

(12) Hobby shops.

(13) Interior decorating shops.

(14) Jewelry stores with incidental repairs.

(15) Locksmith shops.

(16) Mail order businesses.

(17) Manufacturer's agent.

(18) Music stores.

(19) Recreational and sporting goods.

(20) Shoe repair shops.

(21) Shoeshine stands.

(22) Stained glass assembly.

(23) Tailor shops.

(24) Tourist information centers.

(25) Toy shops.

(26) Travel agencies.

(27) Watch repair shops.

(28) Wedding chapels.

(29) Bakery shops for baked goods produced on premises, catering services, and confectionery or candy stores, provided the applicant receives clearance from the County Health Department prior to plot plan approval that the proposed use will not violate Section 27636 of the Health and Safety Code.

(30) Public parks and playgrounds, golf courses with standard length fairways, and country clubs.

Added Effective:
07-23-99 (Ord. 348.3881)

c. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance:

(1) Churches, temples and other places of religious worship, educational institutions, public libraries and museums not operated for compensation or profit.

Amended Effective:
09-10-99 (Ord. 348.3883) repealed
10-21-99 (Ord. 348.3888)

(2) Sports and recreational facilities, not including video arcades, motor-driven vehicles and riding academies, but including archery ranges, athletic fields, golf driving ranges, miniature golf, skating rinks and commercial swimming pools.

(3) Child Day Care Center.

Added Effective:
03-12-09 (Ord. 348.4596)

d. The following uses are permitted provided a conditional use permit has been granted:

(1) Ambulance services.

(2) Apartments.

(3) Automobile and truck repair and service stations.

(4) Bungalow courts.

(5) Country clubs.

(6) Golf courses with standard length fairways.

(7) Hotels, resort hotels, and motels.

(8) Mobilehome parks developed pursuant to Section 19.91 of this ordinance.

(9) Offices, including business, law, medical, dental, chiropractic, architectural and engineering.

(10) Parking lot.

(11) Recreational vehicle parks.

Amended Effective:
03-12-09 (Ord. 348.4596)

e. Kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 18.45 of this ordinance.

f. If any use that is not specifically listed in Subsections b., c. and d. may be considered a permitted or conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

Amended Effective:
12-23-82 (Ord. 348.2140)
12-26-85 (Ord. 348.2535)
04-04-87 (Ord. 348.2669)
07-06-89 (Ord. 348.3032)
02-12-99 (Ord. 348.3857)
09-10-99 (Ord. 348.3883)

SECTION 8.26 DEVELOPMENT STANDARDS. The following standards of development shall apply in the R-3A Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of this ordinance:

a. The minimum lot area shall be 9,000 square feet.

b. The maximum allowed density for apartments shall be 20 units per acre. The maximum allowed density for mobile home parks shall be as required by Section 19.91 of this ordinance. The maximum allowed density for hotels, motels, kitchenettes, and recreational vehicle parks shall be 15 units per acre.

c. Off-street parking facilities shall be provided as required by Section 18.12 of this ordinance.

d. Building height limits, required front, rear and side yard setbacks, permitted lot coverage and distance between main buildings shall be the same as in the R-3 Zone.

Amended Effective:
12-26-85 (Ord. 348.2535)
08-28-86 (Ord. 348.2612)

SECTION 8.27. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

Amended Effective:
09-22-60
05-30-74 (Ord. 348.1327)
12-23-82 (Ord. 348.2140)
02-12-99 (Ord. 348.3857)
09-10-99 (Ord. 348.3883)

ARTICLE VIIIb

R-T ZONE (MOBILEHOME SUBDIVISIONS AND MOBILEHOME PARKS)

The following regulations shall apply in all R-T Zones:

SECTION 8.50. USES PERMITTED. The following uses shall be permitted in the R-T Zone. Structures that do not conform to the zone shall not be constructed or maintained in the R-T Zone.

a. One-family mobilehomes with a floor area of not less than 450 square feet, and one-family factory built and conventional dwelling units with a floor area of not less than 750 square feet.

(1) Community recreation facilities, as part of the subdivision development.

(2) Temporary real estate tract offices, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years per subdivision.

(3) Home occupations, only in mobilehome subdivisions.

b. The following use is permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30. of this ordinance:

(1) Child Day Care Center.

Added Effective:
03-12-09 (Ord. 348.4596)

c. Uses permitted by conditional use permit. The following uses are permitted provided a conditional use permit has been granted:

(1) Mobilehome parks.

(2) Trailer and boat storage areas, provided such use is developed in conjunction with and adjacent to a mobilehome park.

d. The following uses are permitted provided a public use permit has been granted pursuant to the provisions of Section 18.29 of this ordinance:

(1) Churches, temples and other places of religious worship.

Amended Effective:
01-05-84 (Ord. 348.2244)
03-12-87 (Ord. 348.2670)
07-20-89 (Ord. 348.3043)
09-10-99 (Ord. 348.3883)

SECTION 8.51. MOBILEHOME SUBDIVISION STANDARDS. The following standards of development shall apply to mobilehome subdivisions:

a. No real property shall be used unless a subdivision has been recorded pursuant to the provisions of the County Land Division Ordinance No. 460 and this article.

b. (Deleted)

c. Mobilehomes shall meet the following minimum lot setbacks: 20 feet front yard, five feet side yard and five feet rear yard. The 20 foot front setback may be reduced on interior streets to ten feet if community recreation areas are developed as a part of the subdivision. No structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.19 of this ordinance.

d. Building height shall not exceed three stories, with a maximum height of 40 feet.

e. Minimum lot size shall be either of the following:

(1) Minimum lot size of 7200 square feet, with a minimum average width of 60 feet and a minimum frontage of not less than 45 feet and a minimum average depth of 100 feet for each lot. Lots fronting on knuckle and cul-de-sac streets may have a frontage of not less than 35 feet. Lots that do not front on a street shall be permitted only upon a finding by the Planning Commission that it is impractical due to topographical conditions, terrain or configuration of the parcel of land to develop full street frontage lots. Such lots, designated as flag lots, shall meet all lot requirements except that requirement of street frontage but shall have an access strip to a street not less than 20 feet wide and not exceeding 150 feet in length.

(2) Minimum lot size of 3,600 square feet, with a minimum average width of 40 feet and a minimum frontage of not less than 30 feet, if community open areas or recreational facilities or a combination thereof, are developed as a part of the subdivision. The standards for the recreation area shall be as follows:

a) A minimum of 500 square feet for each residential lot in the subdivision shall be developed into usable community open and recreation areas. The combined square footage of community area and residential lot area, not including streets rights-of-way, shall total no less than 6,000 square feet for each residential lot in the subdivision.

b) The recreation areas shall be designated on the subdivision map and shall be located entirely within the subdivision development.

f. For subdivisions that include community open or recreation areas, a community association with the unqualified right to assess the owners of the residential lots for all maintenance operations and other costs of the common areas and facilities and the community association shall be established and continuously maintained. The association shall have the right to lien the lots of owners who default in the payment of their assessments. The association's lien shall not be subordinate to any encumbrance other than a deed of trust or mortgage made in good faith and for value which is of record prior to the recordation of the lien of the association. Prior to recordation of the final subdivision map, the developer shall submit for approval the declaration of covenants, conditions and restrictions for the project. The approved declaration shall be recorded at the time of the recording of the final subdivision map.

g. The following improvements shall be installed on all lots used for residential purposes:

(1) A concrete slab or other metal or wood deck containing at least 200 square feet.

(2) The area between the ground level and the floor of a mobilehome shall be screened from view by an opaque skirt entirely around the mobilehome.

h. No common area for storage of camp and boat trailers shall be permitted unless it is designated on the subdivision map.

i. Not more than one mobilehome for residential purposes shall be permitted on a lot.

j. Whenever the soil is excavated below a mobilehome, a retaining wall shall be installed extending six inches above grade. Plans for the retaining wall shall be approved by the County Building and Safety Department.

Amended Effective:
05-19-83 (Ord. 348.2162)
08-29-83 (Ord. 348.2510)

SECTION 8.52. MOBILEHOME PARK STANDARDS. In addition to any conditions imposed upon the granting of a conditional use permit, the following minimum standards shall apply to mobilehome parks:

a. The minimum site that may be developed for a mobilehome park shall be five acres gross.

b. Minimum area for each mobilehome site shall be 2500 square feet with a minimum width of 30 feet.

SECTION 8.53. OTHER REGULATIONS.

a. All mobilehome subdivisions and mobilehome parks that are proposed to be constructed adjacent to, or across the street from, land zoned R-1, R-1A or R-A, unless the gross area of each lot in the mobilehome development is not less than 21/2 acres and the average width of each lot is not less than 260 feet, shall have a common area consisting of a 20 foot minimum setback along all adjoining boundary streets and a 15 foot side and rear setback along all non-street boundaries of the development. Masonry walls six feet high shall be erected along all boundary lines, except that along all street boundaries the wall shall be erected five feet from the right of way line. The area between the wall and the street shall be planted in ground cover. Trees or shrubs shall be planted within a ten foot strip adjacent to the inside of all boundary walls unless an interior street adjoins a perimeter wall. All trees and shrubs planted shall be of a variety that will grow to a height of not less than 15 feet and shall be planted at intervals so that at maturity the trees or shrubs will provide solid screening of mobilehome park or mobilehome subdivision. All planting shall be maintained in a growing condition. In mobilehome subdivisions, approved provisions shall be required for the continued maintenance of the landscaped common area surrounding the development by a community association composed of the owners of the individual lots or other legal entity providing for participation by the individual lot owners in the responsibility and cost thereof. The association shall have the right to place a lien upon the individual lots for all necessary costs and expenses of maintaining the area. Exception: The improvement and setback requirements contained in this section may be modified or eliminated when the Commission finds that due to topographical conditions or property ownership patterns these requirements are impractical and will not serve to protect the present or future welfare of the public.

b. Lots in a mobilehome subdivision or mobilehome park shall not front on a street which is zoned R-1, R-1A, or R-A on the opposite side of the street.

c. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

Adopted: 02-19-62

Amended Effective:
03-30-65 (Ord. 348.356)
04-17-68 (Ord. 348.556)
05-14-69 (Ord. 348.628)
04-29-70 (Ord. 348.718)
09-16-70 (Ord. 348.773)
03-24-71 (Ord. 348.860)
05-04-72 (Ord. 348.1023)
05-30-74 (Ord. 348.1327)
03-06-75 (Ord. 348.1411)
03-16-82 (Ord. 348.2074)

Amended Effective:
05-19-83 (Ord. 348.2162)
01-05-84 (Ord. 348.2244)
02-12-99 (Ord. 348.3857)
09-10-99 (Ord. 348.3883)

ARTICLE VIIIc

R-T-R ZONE (MOBILEHOME SUBDIVISION-RURAL)

The following regulations shall apply in all R-T-R Zones:

SECTION 8.60. USES PERMITTED. Only the following uses shall be permitted in the R-T-R Zone:

a. One-family mobilehomes with a floor area of not less than 450 square feet, and one-family factory built and conventional dwelling units with a floor area of not less than 750 square feet.

(1) The following agricultural uses on individual lots:

a) The noncommercial keeping of horses, cattle, sheep, and goats, for the use of the occupants of the premises, provided they are kept, fed and maintained not less than 20 feet from any street and 20 feet from any residential use. A total of four adult animals, plus the offspring thereof until they reach the age of maturity, may be kept for each 40,000 square feet.

b) The keeping and raising of rabbits, birds, poultry and crowing fowl for the use of the occupants of the premises, provided they are kept not less than 20 feet from any street and not less than 50 feet from any residence.

Amended Effective:
09-15-00 (Ordinance 348.3954)

c) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge.

Amended Effective:
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)

d) Orchards, the raising of field and tree crops, berry and bush crops and vegetable, flower and herb gardening on a commercial scale.

e) The keeping or raising of not more than 12 mature female crowing fowl on lots or parcels between 20,000 square feet and 39,999 square feet or not more than 50 mature female crowing fowl and 10 mature male crowing fowl on lots of 40,000 square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

Amended Effective:
09-15-00 (Ord. 348.3954)

(2) Temporary real estate tract office located within the subdivision to be used only for and during the original sale of the subdivision, but not to exceed a period of two years for a subdivision.

(3) Home occupations.

b. The following use is permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30. of this ordinance:

(1) Child Day Care Center.

Added Effective:
03-12-09 (Ord. 348.4596)

c. Uses permitted by conditional use permit. The following uses are permitted provided a conditional use permit has been granted:

(1) The keeping of animals other than those listed as a permitted use.

d. Kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 18.45 of this ordinance.

Amended Effective:
09-10-99 (Ord. 348.3883) repealed
10-21-99 (Ord. 348.3888)

e. Subject to the provisions of Section 18.28b, the number of mature crowing fowl may be increased up to 50% over each (male and female) of the permitted numbers.

Amended Effective:
09-15-00 (Ordinance 348.3954)

Amended Effective:
01-05-84 (Ord. 348.2244)
04-04-87 (Ord. 348.2669)
06-30-88 (Ord. 348.2856)
06-20-89 (Ord. 348.3043)
09-10-99 (Ord. 348.3883)
10-21-99 (Ord. 348.3888)
09-15-00 (Ord. 348.3954)
12-21-00 (Ord. 348.3966)
03-12-09 (Ord. 348.4596)

SECTION 8.61. RURAL MOBILEHOME SUBDIVISION STANDARDS. The following standards of development shall apply to mobilehome subdivisions:

a. No real property shall be used unless a subdivision has been recorded pursuant to the provisions of the County Ordinance No. 460 and this article.

b. (Deleted)

c. Mobilehomes shall meet the following minimum lot setbacks: 20 feet front yard, five feet side yard, and five feet rear yard. No structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.19 of this ordinance.

d. Building height shall not exceed three stories, with a maximum height of 40 feet.

e. Minimum lot size shall be 40,000 square feet net area with a minimum frontage at the property line of 100 feet and a minimum depth of 100 feet for each lot. Lots fronting on knuckle and cul-de-sac streets may have a frontage of not less than 50 feet. Lots that do not front on a street shall be permitted upon a finding that it is impractical due to topographical conditions, terrain or configuration of the parcel of land to develop full street frontage lots. Such lots, designated as flag lots, shall meet all lot requirements except that requirement of street frontage, but shall have an access strip to a street not less than 20 feet wide and not exceeding 150 feet in length.

f. The following improvements shall be installed on all lots used for residential purposes:

(1) A concrete slab or other metal or wood deck containing at least 200 square feet.

(2) The area between the ground level and the floor of a mobilehome shall be screened from view by an opaque skirt beneath the mobilehome and appropriate landscaping.

g. Not more than one mobilehome for residential purposes shall be permitted on a lot. Not more than one travel trailer and camper and boat shall be stored on a lot.

h. When any portion of a mobilehome is installed below the level of the existing graded lot a retaining wall shall be installed below the mobilehome extending six inches above the grade. Plans for the retaining wall shall be approved by the County Building and Safety Department.

i. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

Amended Effective:
03-06-75 (Ord. 348.1411)
03-16-82 (Ord. 348.2074)
05-19-83 (Ord. 348.2162)
08-29-85 (Ord. 348.2510)
09-10-99 (Ord. 348.3883)
12-21-00 (Ord. 348.3966)

ARTICLE VIIId

R-4 ZONE (PLANNED RESIDENTIAL)

SECTION 8.90. STATEMENT OF INTENT AND POLICY. The Board of Supervisors finds that because of the rapid urbanization taking place in the County, it is desirable to permit the development of subdivisions containing open areas that will be used for recreation purposes or will tend to preserve the rural atmosphere of the area. Therefore, lots containing an area less than the minimum lot area now established may be permitted provided open areas are developed and maintained for the use and benefit of the residents of the subdivision.

SECTION 8.91. PERMITTED USES.

a. One-family dwellings, and accessory uses or buildings normally incidental thereto.

b. Multiple-family dwellings subject to the provisions of Section 8.96 of this ordinance.

c. Nonprofit community centers, social halls, churches, parks, and community recreation facilities, including but not limited to swimming pools, and golf courses and the normal accessory uses thereto.

d. Community service areas and medical facilities designed primarily for the use of the residents of the subdivision.

e. On-site signs, affixed to building walls, stating the name of the structure, use, or institution, not to exceed 5 percent of the surface area of the exterior face of the wall upon which the sign is located.

f. The following uses shall be permitted provided a conditional use permit is granted pursuant to Section 18.28 of this ordinance:

(1) Mobilehome parks, developed pursuant to Section 19.92 of this ordinance.

g. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30:

(1) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event.

(2) Child Day Care Center.

Added Effective:
03-12-09 (Ord. 348.4596)

h. The following uses are permitted provided a public use permit has been granted pursuant to the provisions of Section 18.29 of this ordinance:

(1) Churches, temples and other places of religious worship.

Amended Effective:
12-23-82 (Ord. 348.2140)
01-02-86 (Ord. 348.2540)
09-10-99 (Ord. 348.3883) repealed
10-21-99 (Ord. 348.3888)

SECTION 8.92. The R-4 Zone shall not be applied to any area containing less than 9 acres.

SECTION 8.93. LAND USE REGULATIONS.

a. The minimum overall area for each dwelling unit, exclusive of the area used for commercial purposes and area set aside for street rights of way, but including recreation and service areas shall be 6000 square feet.

b. The minimum lot area for the individual lots used as a residential building site shall be 3500 square feet. The minimum width of each lot shall be 40 feet and the minimum depth shall be 80 feet.

c. One family residences shall not exceed forty (40') feet in height. No other building or structure shall exceed fifty (50') feet in height, unless a greater height is approved pursuant to Section 18.34 of this ordinance. In no event, however, shall a building or structure exceed seventy-five (75') feet in height, unless a variance is approved pursuant to Section 18.27 of this ordinance.

Amended Effective:
05-24-01 (Ord. 348.3990)

d. MINIMUM YARD REQUIREMENTS. The minimum yard requirements are as follows:

a. The front yard shall be not less than twenty (20) feet, measured from the existing right-of-way as shown on any specific plan of highways, whichever is nearer the proposed structure

b. Side yards on interior and through lots shall be not less than a width of five feet. Side yard on corner and reversed corner lots shall be not less than ten (10) feet from the existing right-of-way or from any future right-of-way as shown on any specific plan of highways, whichever is nearer the proposed structure.

c. The rear yard shall not be less than ten (10) feet.

d. No structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of this ordinance.

Corrected Effective:
08-14-02

Amended Effective:
11-29-02 (Ord. 348.4088)

e. Off-street parking shall be provided as set forth in Section 18.12 of the ordinance.

f. Individual sewage disposal systems shall not be permitted on lots containing an area of less than one-half acre unless a report has been received by the Planning Commission from the County Health Department stating that such a system will be acceptable.

g. The recreation areas shall be of a size, based on the particular use, adequate to meet the needs of the anticipated population, and shall be arranged so as to be readily accessible to the residents of the subdivision.

h. Adequate and permanent access from a public street to each family dwelling shall be provided for pedestrians and emergency vehicles.

Amended Effective:
5-19-83 (Ord. 348.2162)
6-30-88 (Ord. 348.2856)

SECTION 8.94. SUBDIVISION AND DEVELOPMENT PLAN REQUIREMENTS. Before any structure is erected or use established in the R-4 Zone, there shall be a subdivision map recorded and a development plan approved as set forth in Section 8.95 of this ordinance.

SECTION 8.95. CONDITIONS OF DEVELOPMENT.

a. A subdivision conforming to the standards and conditions of County Ordinance No. 460, as presently worded or hereafter amended, not inconsistent with specific provisions of this section shall be recorded. All lots not to be used for residential purposes shall be given a lot letter instead of a lot number.

b. A development plan conforming to the requirements of this article and containing the following minimum information shall be approved by the Planning Commission.

(1) Location of each existing and each proposed structure in the development area, the use or uses to be contained therein. Typical plans indicating use on a lot may be used.

(2) Location of all pedestrian walks, malls, recreation and other open areas for the use of occupants and members of the public.

(3) Location and height of all walls, fences and screen planting, including a plan for the landscaping of the development, types of surfacing, such as paving, turfing, or other landscaping to be used at various locations.

(4) Plans and elevations of typical structures to indicate architectural type and construction standards.

c. Documents setting forth the method of conveying title, the type of estate to be granted, the method of maintaining the open areas and service areas, and the conditions of use of the open or recreation areas shall be submitted to and approved by the Planning Commission. The following minimum standards shall be maintained:

(1) The right to use recreational facilities and service areas shall be appurtenant to ownership of residential lots within the development, or shall be made a covenant to run with the land.

(2) Provisions shall be made for maintenance of the common and service areas by a corporation, partnership, trust or other legal entity having the right to assess the individual lot owners.

SECTION 8.96.

a. Multiple family dwellings may be erected subject to the following standards and conditions.

(1) The use shall comply with all provisions of the R-3 Zone.

(2) A plot plan has first been approved pursuant to the provisions of Section 18.30 of this ordinance. The plot plan shall contain the following information:

a) Location of each existing and proposed structure in the development area and the use or uses to be contained therein.

b) Location of all pedestrian walks, malls and recreation areas.

c) Location and height of all walls, fences and screen planting, including a plan for the landscaping and surfacing of the development.

d) Plans and elevations of typical structures to indicate architectural type and construction standards.

Amended Effective:
01-15-64 (Ord. 348.251)
09-13-73 (Ord. 348.1201)
12-10-75 (Ord. 348.1481)
03-16-82 (Ord. 348.2074)
12-23-82 (Ord. 348.2140)
05-19-83 (Ord. 348.2160)
12-06-84 (Ord. 348.2414)
09-10-99 (Ord. 348.3883)

ARTICLE VIIIe

R-5 ZONE

(OPEN AREA COMBINING ZONE-RESIDENTIAL DEVELOPMENTS)

SECTION 8.100. USES PERMITTED.

a. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance:

(1) Golf courses and appurtenant facilities, including clubhouses. A clubhouse is permitted to have customary retail shop and restaurant facilities.

(2) Noncommercial community association recreation and assembly buildings and facilities.

(3) Lakes, including noncommercial fishing therefrom.

(4) Picnic grounds.

(5) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of this ordinance, except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Section 18.12 of this ordinance.

(6) Water wells and appurtenant facilities.

(7) On-site identification signs, maximum size - ten square feet.

(8) Cemetery, pet or human.

(9) Child Day Care Center.

Added Effective:
07-23-99 (Ord. 348.3881)
03-12-09 (Ord. 348.4596)

b. The following uses are permitted provided a conditional use permit has been granted:

(1) Riding academies and stables.

c. The following uses are permitted provided a public use permit has been granted pursuant to the provisions of Section 18.29 of this ordinance:

(1) Churches, temples and other places of religious worship.

Amended Effective:
09-10-99 (Ord. 348.3883) repealed
10-21-99 (Ord. 348.3888)

SECTION 8.101. DEVELOPMENT STANDARDS.

a. Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone.

b. Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than 50 feet. If more than one building is constructed on one lot, there shall be not less than 20 feet separation between the buildings. No structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.19 of this ordinance.

c. Trash Areas. All trash collection areas shall be enclosed with a solid fence or wall no less than six feet high.

d. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

e. All buildings and structures shall not exceed 50 feet in height, unless a height up to 75 feet is specifically permitted under the provisions of Section 18.34 of this ordinance.

Amended Effective:
09-01-71 (Ord. 348.912)
05-30-74 (Ord. 348.1327)
12-10-75 (Ord. 348.1481)
08-29-85 (Ord. 348.2510)
07-23-99 (Ord. 348.3881)
09-10-99 (Ord. 348.3883)
10-21-99 (Ord. 348.3888)

ARTICLE VIIIf

R-6 ZONE (RESIDENTIAL INCENTIVE)

SECTION 8.201. INTENT. The Housing Element of the Riverside County General Plan has identified the need for affordable housing as one of the most significant housing problems in the County of Riverside. It is the intent of the Board of Supervisors in enacting the R-6 Zone to establish a specialized zone that will, through incentives and consideration of a specific housing proposal in connection with a proposed zone change, facilitate construction of affordable housing. Pursuant to the Housing Element, the density of a project shall be determined by the physical and service constraints of the parcel being considered, during the hearing process, and may exceed the density permitted for standard projects by the Land Use Element.

The Board finds and determines and declares that it is its intent that the R-6 Zone be used and applied in areas where basic services such as water, sewer, other utilities and adequate road circulation already exist or can be reasonably extended. The Board further determines that the R-6 Zone shall be applied to a specific geographic area only in conjunction with an approved plan for development, including any necessary land division maps, plot plans or other approvals, as required by the County, and that applications for the R-6 Zone and related projects are to receive priority processing by all County departments involved in the review and issuance of permits for the development.

The Board further determines that when the R-6 Zone is applied to a specific area, it shall be used only for the construction of the project approved in connection with the granting of the zone classification, or for a project that is thereafter specifically approved by the Board as an affordable housing project to replace the previously approved project. This requirement shall not prohibit the County from allowing nonsubstantial changes in an approved development plan that become necessary in the actual engineering of a project, provided that such changes shall not increase the density of an approved project.

SECTION 8.202. USES PERMITTED. The following uses are permitted upon approval of a plot plan in accordance with the provisions of this article:

a. One-family dwellings, including mobilehomes on permanent foundations.

b. Two-family dwellings and multiple family dwellings.

c. Planned residential developments.

d. Apartment houses.

e. Accessory buildings, provided there is a main building on the lot.

f. Home occupations.

g. Temporary real estate offices located within a subdivision, to be used only for and during the original sale of the subdivision.

h. Community recreation facilities as a part of a development.

i. Child Day Care Center.

j. The following uses are permitted provided a public use permit has been granted pursuant to the provisions of Section 18.29 of this ordinance:

(1) Churches, temples and other places of religious worship.

k. The following uses are permitted provided a conditional use permit is granted pursuant to Section 18.28 of this ordinance:

(1) Mobilehome parks, developed pursuant to Section 19.92 of this ordinance.

Amended Effective:
12-23-82 (Ord. 348.2140)
09-10-99 (Ord. 348.3883)
10-21-99 (Ord. 348.3888)
03-12-09 (Ord. 348.4596)

SECTION 8.203. BASIC REQUIREMENTS FOR SALES UNITS. All developments shall comply with one of the following requirements in Subsections a., b., or c. and with Subsection d.:

a. The average selling price of the dwelling units shall not exceed 80 percent of the average home sales price in a market area. The market area and average home sales price shall be determined by the Board of Supervisors, or

b. The selling price of 25 percent of the dwelling units shall be at an amount affordable to families earning no greater than 120 percent of the County median income, as determined by the board of Supervisors, or

c. The selling price of 15 percent of the dwelling units shall be at an amount affordable to families earning no greater than 80 percent of the County median income, as determined by the Board of Supervisors.

d. If a development is benefitted, directly or indirectly, through the use of governmental funds for site acquisition, extension of basic services or roads, or other expenditures that assist the development, the sales price determined pursuant to Subsections a., b., or c. of this section may be reduced by the Board of Supervisors.

Amended Effective:
12-23-82 (Ord. 348.2140)

SECTION 8.204. DEVELOPMENT STANDARDS. The following standards of development shall apply in the R-6 Zone.

a. The allowable density of a project will be determined by the physical and service constraints of the property and the area in which the property is located; however, the density of each approved development must exceed four units per gross acre.

b. The minimum lot area for single family detached developments shall be 5,000 square feet.

c. Lots shall have a minimum frontage of 30 feet except that minimum frontage may be reduced on knuckles and cul-de-sacs or as part of an approved zero lot line attached unit housing project.

d. A minimum of 30 percent of each lot's net area in a single-family development shall be designed for usable open space. Usable open space shall be defined as those portions of the site not encumbered by a structure. The net lot area is defined as the total area contained within the property lines. Side yard setbacks shall be approved as part of the design of the project. Setbacks for garages that open parallel with the access way shall not be less than 20 feet.

e. A minimum of 20 percent of the net lot area for apartment developments shall be in usable open space. Minimum front and rear yard setbacks shall be ten feet. Additional setbacks, including side yards, may be required depending on the height of the structure and adjacent land uses. All apartment projects shall contain at least four dwelling units. No application for conversion of an apartment building to condominiums or any other form of cooperative or units that may be sold individually, shall be accepted by the Planning Director, unless the matter has first been presented to and approved by the Board of Supervisors as being consistent with the intent and purpose of the original approval of the project to provide affordable housing.

f. One-family residences shall not exceed 35 feet in height. All other uses shall not exceed 50 feet in height.

g. One off-street parking space shall be required for each dwelling unit, notwithstanding the apartment building parking standards contained in Section 18.12 of this ordinance. All single-family homes shall have two-car garages.

h. Open space or recreational facilities proposed in a project shall be subject to approval of the County.

i. Streets providing circulation within a development shall be constructed to a minimum width of 36 feet within a 56 foot right-of-way for major interior streets and a minimum width of 32 feet of improvements within a 50 foot right-of-way for minor interior streets and cul-de-sac streets. All improvements to be in accordance with the improvement standards of County Ordinance No. 461.

j. Design standards, dedications, and improvements will be in conformance with the requirements of County Ordinances Nos. 460 and 461, and as approved by the County Road Commissioner, for all streets other than interior streets.

Amended Effective:
12-23-82 (Ord. 348.2140)
06-30-88 (Ord. 348.2856)

SECTION 8.205. APPLICATIONS.

a. Applications for the R-6 Zone shall be filed only in conjunction with an application for a land division pursuant to County Ordinance No. 460, or an application for a plot plan pursuant to the provisions of this ordinance. Notwithstanding the provisions of State law or County ordinance providing for different processing or time requirements for processing the various applications, an applicant, by filing an application for the R-6 Zone, shall agree that the two or more applications shall be considered together and that approval of a land division or plot plan shall not be final until the zone change has been granted and shall not be used until the zone change has gone into effect.

b. All applications shall include floor plans and elevations for each type of unit that is proposed to be constructed and such additional information related to design or market area as may be required by the Planning Director.

Amended Effective:
12-23-82 (Ord. 348.2140)

SECTION 8.206. SPECIAL PROVISIONS

a. The market area for a project and a tentative sales price or median income determination shall be made by the Board of Supervisors during the processing of the applications for the project.

b. The County, from time to time, by resolution of the Board of Supervisors, shall publish information relating to home sales price, market areas and median income in the County of Riverside, which information shall be available to prospective applicants prior to filing an application for a project.

c. The final determination of the home sales price or median income for a specific project shall be made at the time of issuance of building permits for the project, provided, however, that amount shall not be less than the tentative amount determined during the processing of the applications. The determination shall be made by the Board of Supervisors upon the recommendation of the Planning Director, which shall be initiated by application of the developer coordinated with the request for building permits.

d. At the time of recordation of the final map, a Declaration of Covenants, Conditions and Restrictions, approved by the County, shall be recorded that establish the affordability criteria for the development, including, but not limited to, structure size, type and reference to the method for fixing the sales price for units in the development.

e. In the furtherance of the intent that the R-6 Zone be used only for the construction of affordable housing, the Declaration of Covenants, Conditions and Restrictions shall prohibit the sale of lots without dwelling units sold on or constructed there on in conjunction with the sale of the lot; provided, however, this shall not prohibit the sale of an entire tract, or an approved unit thereof, for construction of the units by the purchaser thereof.

Amended Effective:
12-23-82 (Ord. 348.2140)
09-10-99 (Ord. 348.3883)

ARTICLE IX

C-1 ZONE / C-P ZONE

(GENERAL COMMERCIAL)

The following regulations shall apply in all C-1 Zones and C-P Zones:

SECTION 9.1. USES PERMITTED.

a. The following uses are permitted, only in enclosed buildings with not more than 200 square feet of outside storage or display of materials appurtenant to such use, provided a plot plan shall have been approved pursuant to provisions of Section 18.30 of this ordinance:

(1) Ambulance services.

(2) Antique shops.

(3) Appliance stores, household.

(4) Art supply shops and studios.

(5) Auction houses.

(6) Auditoriums and conference rooms.

(7) Automobile repair garages, not including body and fender shops or spray painting.

(8) Automobile parts and supply stores.

(9) Bakery goods distributors.

(10) Bakery shops, including baking only when incidental to retail sales on the premises.

(11) Banks and financial institutions.

(12) Barber and beauty shops.

(13) Bars and cocktail lounges.

(14) Billiard and pool halls.

(15) Blueprint and duplicating services.

(16) Book stores and binders.

(17) Bowling alleys.

(18) Catering services.

(19) Cleaning and dyeing shops.

(20) Clothing stores.

(21) Confectionery or candy stores.

(22) Costume design studios.

(23) Dance halls.

(24) Delicatessens.

(25) Department stores.

(26) Drug stores.

(27) Dry goods stores.

(28) Employment agencies.

(29) Escort bureaus.

(30) Feed and grain sales.

(31) Florists shops.

(32) Food markets and frozen food lockers.

(33) Gasoline service stations, not including the concurrent sale of beer and wine for off-premises consumption.

(34) Gift shops.

(35) Hotels, resort hotels and motels.

(36) Household goods sales, including but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios, and television sets, including repair thereof.

(37) Hobby shops.

(38) Ice cream shops.

(39) Ice sales, not including ice plants.

(40) Interior decorating shops.

(41) Jewelry stores, including incidental repairs.

(42) Labor temples.

(43) Laboratories, film, dental, medical, research or testing.

(44) Laundries and laundromats.

(45) Leather goods stores.

(46) (Deleted)

(47) Locksmith shops.

(48) Mail order businesses.

(49) Manufacturer's agent.

(50) Market, food, wholesale or jobber.

(51) Massage parlors, Turkish baths, health centers and similar personal service establishments.

(52) Meat markets, not including slaughtering.

(53) Mimeographing and addressograph services.

(54) Mortuaries.

(55) Music stores.

(56) News stores.

(57) Notions or novelty stores.

(58) Offices, including business, law, medical, dental, chiropractic, architectural, engineering, community planning, real estate.

(59) One on-site operator's residence, which may be located in a commercial building.

(60) Paint and wallpaper stores, not including paint contractors.

(61) Pawn shops.

(62) Pet shops and pet supply shops.

(63) Photography shops and studios and photo engraving.

(64) Plumbing shops, not including plumbing contractors.

(65) Poultry markets, not including slaughtering or live sales

(66) Printers or publishers.

(67) Produce markets.

(68) Radio and television broadcasting studios.

(69) Recording studios.

(70) Refreshment stands.

(71) Restaurants and other eating establishments.

(72) Schools, business and professional, including art, barber, beauty, dance, drama, music and swimming.

(73) Shoe stores and repair shops.

(74) Shoeshine stands.

(75) Signs, on-site advertising.

(76) Sporting goods stores.

(77) Stained glass assembly.

(78) Stationer stores.

(79) Stations, bus, railroad and taxi.

(80) Taxidermist.

(81) Tailor shops.

(82) Telephone exchanges.

(83) Theaters, not including drive-ins.

(84) Tire sales and service, not including recapping.

(85) Tobacco shops.

(86) Tourist information centers.

(87) Toy shops.

(88) Travel agencies.

(89) Typewriter sales and rental, including incidental repairs.

(90) Watch repair shops.

(91) Wholesale businesses with samples on the premises but not including storage.

(92) Car washes.

(93) Fortune telling, spiritualism, or similar activity.

(94) Recycling collection facilities.

(95) Convenience stores, not including the sale of motor vehicle fuel.

(96) Day care centers.

(97) Deleted.

Amended Effective:
09-10-99 (Ord. 348.3883) repealed
10-21-99 (Ord. 348.3888)

b. The following uses are permitted, together with outside storage and display of materials appurtenant to such use, provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance:

(1) Repealed.

Amended Effective:
09-29-00 (Ord. 348.3955)

(2) Bicycle sales and rentals.

(3) Boat and other marine sales.

(4) Ceramic sales and manufacturing for on-site sales, provided the total volume of kiln space does not exceed 16 cubic feet.

(5) Electrical substations.

(6) Equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding ten cubic feet in capacity and other similar equipment.

(7) Fishing and casting pools.

(8) Golf cart sales and service.

(9) Hardware stores, including not more than 1000 square feet of outside storage lumber.

(10) Liquid petroleum service stations, not including the concurrent sale of beer and wine, provided the total capacity of all tanks shall not exceed 10,000 gallons.

(11) Mobilehomes, provided they are kept mobile and licensed pursuant to State law, used for:

a) Sales offices on mobilehome sales lots.

b) Construction offices and caretaker's quarters on construction sites for the duration of a valid building permit, provided they are inconspicuously located.

c) Caretakers or watchmen and their families, provided no rent is paid, where a permitted and existing commercial use is established. Not more than one mobilehome shall be allowed for a parcel of land or a shopping center complex.

(12) Mobilehome sales and storage, trailer sales and rental house trailers.

(13) Nurseries and garden supply stores.

(14) Parking lots and parking structures.

(15) Sports and recreational facilities, not including motor driven vehicles and riding academies, but including archery ranges, athletic playgrounds, sports arenas, skating rinks, stadiums, and commercial swimming pools.

(16) Churches, temples, and other places of religious worship.

Amended Effective:
10-21-99 (Ord. 348.3888)

(17) (Deleted)

(18) Trailer and boat storage.

(19) Trucks and trailers; the rental of trucks not over 19,500 pounds gross vehicle weight, with body not to exceed 22 feet in length from the back of the cab to the end of body; and the rental of trailers not exceeding six feet in width or 22 feet in length.

(20) Truck sales and service.

c. (Deleted)

d. The following uses are permitted provided a conditional use permit has been granted pursuant to the provisions of Section 18.28 of this ordinance:

(1) Sale, rental, repair, or demonstration of motorcycles, scooters, and motorbikes.

(2) Drive-in theaters.

(3) Heliports.

(4) Tire recapping.

(5) Animal hospitals.

(6) Body and fender shops and spray painting.

(7) Swap meets.

(8) All uses permitted in Subsection a. of this section that have more than 200 square feet of outside storage or display of materials.

(9) Mini-warehouse structures.

(10) Lumber yards, including only incidental mill work.

(11) Building materials sales yards.

(12) Underground bulk fuel storage.

(13) Congregate care residential facilities.

(14) Convenience stores, including the sale of motor vehicle fuel.

(15) Gasoline service stations with the concurrent sale of beer and wine for off-premises consumption.

(16) Liquid petroleum service stations with the concurrent sale of beer and wine for off-premises consumption, provided the total capacity of all tanks shall not exceed 10,000 gallons.

(17) Liquor stores pursuant to the provisions of Section 18.48 (Alcoholic Beverage Sales) of this ordinance.

(18) Automobile Sales and rental agencies.

Amended Effective:
09-29-00 (Ord. 348.3955)

e. The uses listed in Subsections a., b., and d. do not include sex-oriented businesses.

Amended Effective:
03-01-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)

f. Accessory Uses. An accessory use to a permitted use is allowed provided the accessory use is incidental to, and does not alter the character of, the principal permitted use, including, but not limited to:

(1) Limited manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or service as the trade or service business conducted on the premises and provided any such activity does not exceed any of the following restrictions:

a) The maximum gross floor area of the building permitted to be devoted to such accessory use shall be 25 percent.

b) The maximum total horsepower of all electric motors used in connection with such accessory use shall be five horsepower.

c) The accessory use shall be so conducted that noise, vibration, dust, odor, and all other objectionable factors shall be reduced to the extent that there will be no annoyance to persons outside the premises. Such accessory use shall be located not nearer than 50 feet to any residential zone.

d) Accessory uses shall be conducted wholly within a completely enclosed building.

g. Any use that is not specifically listed in Subsections a., b., and d. may be considered a permitted or conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

Amended Effective:
07-16-85 (Ord. 348.2496)
08-29-85 (Ord. 348.2510)
12-26-85 (Ord. 348.2535)
06-30-88 (Ord. 348.2856)
05-04-89 (Ord. 348.3023)
08-10-89 (Ord. 348.3047)
11-05-89 (Ord. 348.3078)
11-13-90 (Ord. 348.3217)
03-10-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)

Amended Effective:
10-21-99 (Ord. 348.3888)
09-10-99 (Ord. 348.3883)

SECTION 9.2. PLANNED COMMERCIAL DEVELOPMENTS. Planned commercial developments are permitted provided a land division is approved pursuant to the provision of Ordinance No. 460.

SECTION 9.3. (Deleted)

SECTION 9.4. DEVELOPMENT STANDARDS. The following standards of development are required in the C-1 and C-P Zones:

a. There is no minimum lot area requirement, unless specifically required by zone classification for a particular area.

b. There are no yard requirements for buildings which do not exceed 35 feet in height except as required for specific plans. Any portion of a building which exceeds 35 feet in height shall be set back from the front, rear and side lot lines not less than two feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from the existing street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line, or from an existing adjacent street line unless a specific plan has been adopted, in which case it will be measured from the specific plan street line.

c. No building or structure shall exceed fifty (50') feet in height, unless a greater height is approved pursuant to Section 18.34 of this ordinance. In no event, however, shall a building or structure exceed seventy-five (75') feet in height, unless a variance is approved pursuant to Section 18.27 of this ordinance.

Amended Effective:
05-24-01 (Ord. 348.3990)

d. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

e. All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet.

Amended Effective:
01-15-64 (Ord. 348.251)
11-10-65 (Ord. 348.401)
01-19-66 (Ord. 348.422)
05-04-72 (Ord. 348.1023)
09-14-72 (Ord. 348.1070)
10-19-72 (Ord. 348.1091)
09-13-73 (Ord. 348.1201)
07-25-74 (Ord. 348.1349)
10-02-75 (Ord. 348.1470)
11-13-75 (Ord. 348.1476)

Amended Effective:
12-10-75 (Ord. 348.1481)
04-21-77 (Ord. 348.1564)
06-29-78 (Ord. 348.1647)
08-29-78 (Ord. 348.1664)
04-12-79 (Ord. 348.1688)
10-23-80 (Ord. 348.1879)
03-05-81 (Ord. 348.1926)
08-07-86 (Ord. 348.2591)
06-30-88 (Ord. 348.2856)
05-04-89 (Ord. 348.3023)

Amended Effective:
08-10-89 (Ord. 348.3047)
10-05-89 (Ord. 348.3053)
03-01-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)
09-10-99 (Ord. 348.3883)

ARTICLE IXa

C-T ZONE (TOURIST COMMERCIAL)

SECTION 9.25. USES PERMITTED.

a. The following uses are permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of this ordinance:

(1) Automobile service stations, truck service stations, not including the concurrent sale of beer and wine for off-premises consumption.

(2) Automobile sales, truck sales, new and used.

(3) Restaurants, drive-in restaurants, bars.

(4) Curio shops, gift shops.

(5) Sign, on-site advertising.

(6) Hotels, motels.

(7) Dwelling, bed and breakfast.

(8) Churches, temples and other places of religious worship.

(9) Child Day Care Center.

Added Effective:
03-12-09 (Ord. 348.4596)

Amended Effective:
09-10-99 (Ord. 348.3883) repealed
10-21-99 (Ord. 348.3888)

b. The uses listed in Subsection a. do not include sex-oriented businesses.

c. No building or structure shall exceed fifty (50') feet in height, unless a greater height is approved pursuant to Section 18.34 of this ordinance. In no event, however, shall a building or structure exceed seventy-five (75') feet in height, unless a variance is approved pursuant to Section 18.27 of this ordinance.

Amended Effective:
12-26-85 (Ord. 348.2535)
05-04-89 (Ord. 348.3023)
03-01-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)
05-24-01 (Ord. 348.3990)

SECTION 9.26. DEVELOPMENT STANDARDS. The following shall be the standards of development in the C-T Zone, unless a lot is to be developed to a hotel or motel use. If a lot is to be developed to a hotel or motel use, it shall meet all the requirements of Section 8.2 of this ordinance R-3 Zone).

a. The minimum lot area shall be 10,000 square feet, unless a different minimum is specifically required in a particular area. More than one use shall be permitted on a lot.

b. If a lot adjoins a lot zoned C-T, C-1, C-P, C-P-S, M-SC, M-M, or M-H, there is no side or rear yard requirement for buildings which do not exceed 35 feet in height, but there shall be a minimum 19 foot front yard setback. For all other lots, the minimum front, side and rear yards shall be ten feet for buildings which do not exceed 35 feet in height. On all lots, any portion of a building which exceeds 35 feet in height shall be set back from the front, rear and side lot lines not less than two feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from the existing street line or the future street line as shown on an adopted specific plan for the street. The rear setback shall be measured from the rear lot line or any recorded alley or easement unless the rear line adjoins a street in which case it shall be measured as required for a front setback. Each side setback shall be measured from the side lot line or from the existing street line or any future street line as shown on an adopted specific plan for the street.

c. All buildings and structures shall not exceed 50 feet in height, unless a height up to 75 feet is specifically permitted under the provisions of Section 18.34 of this ordinance.

d. (Deleted)

e. Automobile storage space shall be provided as required by Section 18.12 of this ordinance. Not less than five percent of the parking area shall be landscaped. No planting area shall be less than five feet wide at any point.

f. Trash areas shall be screened with an opaque six-foot high fence or wall and shall have an opaque gate.

Adopted Effective:
09-22-60

Amended Effective:
07-09-69 (Ord. 348.635)
05-04-72 (Ord. 348.1023)
09-13-73 (Ord. 348.1201)
10-02-75 (Ord. 348.1469)
12-10-75 (Ord. 348.1481)
03-01-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)
09-10-99 (Ord. 348.3883)
10-21-99 (Ord. 348.3888)

ARTICLE IXb

C-P-S ZONE (SCENIC HIGHWAY COMMERCIAL)

The following regulations shall apply in all C-P-S Zones:

SECTION 9.50. USES PERMITTED.

a. The following uses are permitted, only in enclosed buildings with not more than 200 square feet of outside storage or display of materials appurtenant to such use, provided a plot plan shall have been approved pursuant to the provisions of Section 18.30 of this ordinance:

(1) Ambulance services.

(2) Antique shops.

(3) Appliance stores, household.

(4) Art supply shops and studios.

(5) Auditoriums and conference rooms.

(6) Automobile parts and supply stores.

(7) Bakery goods distributors.

(8) Bakery shops, including baking only when incidental to retail sales on the premises.

(9) Banks and financial institutions.

(10) Barber and beauty shops.

(11) Bars and cocktail lounges.

(12) Bicycle sales and rentals.

(13) Billiard and pool halls.

(14) Blueprint and duplicating services.

(15) Book stores and binders.

(16) Bowling alleys.

(17) Catering services.

(18) Ceramic sales and manufacturing for on-site sales, provided the total volume of kiln space does not exceed 16 cubic feet.

(19) Cleaning and dyeing shops.

(20) Clothing stores.

(21) Confectionery or candy stores.

(22) Costume design studios.

(23) Dance halls.

(24) Delicatessens.

(25) Department stores.

(26) Drug stores.

(27) Dry goods stores.

(28) Electrical substations.

(29) Employment agencies.

(30) Escort bureaus.

(31) Feed and grain sales.

(32) Fishing and casting pools.

(33) Florist shops.

(34) Food markets and frozen food lockers.

(35) Gift shops.

(36) Hardware stores.

(37) Household goods sales and repair, including but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios, and television sets, including repair thereof.

(38) Hobby shops.

(39) Ice cream shops.

(40) Ice sales, not including ice plants.

(41) Interior decorating shops.

(42) Jewelry stores with incidental repairs.

(43) Labor temples.

(44) Laboratories, film, dental, medical, research or testing.

(45) Laundries and laundromats.

(46) Leather goods stores.

(47) (Deleted)

(48) Locksmith shops.

(49) Mail order businesses.

(50) Manufacturer's agent.

(51) Market, food, wholesale or jobber.

(52) Massage parlors, turkish baths, health centers and similar personal service establishments.

(53) Meat markets, not including slaughtering.

(54) Mimeographing and addressograph services.

(55) Mobilehomes, provided they are kept mobile and licensed pursuant to State law, use for:

a) Construction offices and caretaker's quarters on construction sites for the duration of a valid building permit, providing they are inconspicuously located.

b) Agricultural worker employment offices for a maximum of 90 days in any calendar year.

c) Caretakers or watchmen and their families provided no rent is paid, where a permitted and existing commercial use is established. Not more than one mobilehome shall be allowed for a parcel of land or a shopping center complex.

(56) Music stores.

(57) News stores.

(58) Notions or novelty stores.

(59) Nurseries and garden supply stores.

(60) Offices, business.

(61) One on-site operator's residence, which may be located in a commercial building.

(62) Paint and wall paper stores, not including paint contractors.

(63) Parking lots and parking structures.

(64) Pawn shops.

(65) Pet shops and pet supply shops.

(66) Photography shops and studios and photo engraving.

(67) Plumbing shops, not including plumbing contractors.

(68) Poultry markets, not including slaughtering or live sales.

(69) Printers or publishers.

(70) Produce markets.

(71) Radio and television broadcasting studios.

(72) Recording studios.

(73) Refreshment stands.

(74) Restaurants and other eating establishments.

(75) Schools, business and professional, including art, barber, beauty, dance drama, music and swimming.

(76) Shoe stores and repair shops.

(77) Shoeshine stands.

(78) Signs, on-site advertising.

(79) Sporting goods stores.

(80) Stained glass assembly.

(81) Stationery stores.

(82) Stations, bus, railroad and taxi.

(83) Taxidermist.

(84) Tailor shops.

(85) Telephone exchanges.

(86) Theaters, not including drive-ins.

(87) Tobacco shops..

(88) Tourist information centers.

(89) Toy shops.

(90) Travel agencies.

(91) Typewriter sales and rental and incidental repairs.

(92) Watch repair shops.

(93) Wedding chapels.

(94) Wholesale businesses with samples on the premises, but not to include storage.

(95) Recycling collection facilities.

(96) (Deleted)

(97) Gasoline service stations, not including the concurrent sale of beer and wine for off-premises consumption.

(98) Golf cart sales and service.

(99) Hotels, resort hotels and motels.

(100) Day care centers.

(101) Convenience stores, not including the sale of motor vehicle fuel. (102) Churches, temples and other places of religious worship.

Amended Effective:
10-21-99 (Ord. 348.3888)

b. Uses Permitted by Conditional Use Permit. The following uses are permitted provided a conditional use permit has been granted pursuant to the provisions of Section 18.28 of this ordinance:

(1) Automobile repair garages, body shops, spray painting shops.

(2) Automobile sales and rental agencies.

(3) Boat sales, rentals and services.

(4) Car washes.

(5) Drive-in theaters.

(6) Equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding 20 cubic feet in capacity and other similar equipment.

(7) Heliports.

(8) Liquid petroleum service stations, with or without the concurrent sale of beer and wine, provided the total capacity of all tanks shall not exceed 10,000 gallons.

(9) Mortuaries.

(10) Sale, rental, repair, or demonstration of motorcycles, scooters or motorbikes of two horsepower or greater.

(11) Animal hospitals.

(12) Sports and recreational facilities, not including motor-driven vehicles and riding academies, but including archery ranges, athletic fields, beaches, golf driving ranges, gymnasiums, miniature golf, parks, playgrounds, sports arenas, skating rinks, stadiums, and commercial swimming pools.

(13) Tire recapping.

(14) Tire sales and services, not including recapping.

(15) Trailer and boat storage.

(16) Travel trailers, mobilehomes and recreational vehicles sales and service.

(17) Truck sales and services.

(18) Trucks and trailers; the rental of trucks not over 19,500 pounds gross weight, with body not to exceed 22 feet in length from the back of the cab to the end of the body; and the rental of trailers not exceeding six feet in width or 22 feet in length.

(19) Underground bulk fuel storage.

(20) (Deleted)

(21) All uses permitted in Subsection a. that have more than 200 square feet of outside storage of display of materials.

(22) Gasoline service stations, with the concurrent sale of beer and wine for off-premises consumption.

(23) Convenience stores, including the sale of motor vehicle fuel.

(24) Liquor stores pursuant to the provisions of Section 18.48 (Alcoholic Beverage Sales) of this ordinance.

c. The uses listed in Subsections a. and b. do not include sex-oriented businesses.

Amended Effective:
03-01-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)

d. Accessory Uses. An accessory use to a permitted use is allowed, provided the accessory use is established on the same lot or parcel of land, and is incidental to, and consistent with the character of the permitted principal use, including but not limited to:

(1) Limited manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or service as the trade or service business conducted on the premises and providing any such related activity does not exceed any of the following restrictions:

a) The maximum gross floor area of the building permitted to be devoted to such accessory use shall be 25 percent.

b) The maximum total horsepower of all electric motors used in connection with such accessory use shall be five horsepower.

c) The accessory use shall be so conducted that noise, vibration, dust, odor, and all other objectionable factors shall be reduced to the extent that there will be no annoyance to persons outside the premises. Such accessory use shall be located not nearer than 50 feet to any residential zone.

d) Accessory uses shall be conducted wholly within a completely enclosed building.

e. Any use that is not specifically listed in Subsections a. and b. may be considered a permitted or conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

Amended Effective:
12-26-85 (Ord. 348.2535)
05-04-89 (Ord. 348.3023)
08-10-89 (Ord. 348.3047)
09-05-89 (Ord. 348.3078)
11-13-90 (Ord. 348.3217)
03-01-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)

SECTION 9.51. PLANNED COMMERCIAL DEVELOPMENT. Planned commercial developments are permitted provided a land division is approved pursuant to the provisions of Ordinance No. 460.

SECTION 9.52. (Deleted)

SECTION 9.53. DEVELOPMENT STANDARDS. The following shall be the standards of development in the C-P-S Zones:

a. There is no minimum lot area requirement, unless specifically required by zone classification for a particular area.

b. There are no yard requirements for buildings which do not exceed 35 feet in height, except as required for specific plans. Any portion of a building which exceeds 35 feet in height shall be set back from the front, rear and side lot lines not less than two feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from the existing street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line or from an existing adjacent street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line.

c. No building or structure shall exceed fifty (50') feet in height, unless a greater height is approved pursuant to Section 18.34 of this ordinance. In no event, however, shall a building or structure exceed seventy-five (75') feet in height, unless a variance is approved pursuant to Section 18.27 of this ordinance.

Amended Effective:
05-24-01 (Ordinance 348.3990)

d. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

e. All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet.

Added Effective:
07-19-67 (Ord. 348.517)

Amended Effective:
05-30-74 (Ord. 348.1327)
06-20-74 (Ord. 348.1340)
07-25-74 (Ord. 348.1349)
11-13-75 (Ord. 348.1476)
12-10-75 (Ord. 348.1481)
04-21-77 (Ord. 348.1564)
04-12-79 (Ord. 348.1688)
07-26-79 (Ord. 348.1702)
10-23-80 (Ord. 348.1879)
03-05-81 (Ord. 348.1926)

Amended Effective:
09-04-81 (Ord. 348.2000)
08-07-86 (Ord. 348.2591)
09-05-89 (Ord. 348.3053)
03-01-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)
10-21-99 (Ord. 348.3888)
05-24-01 (Ord. 348.3990)

ARTICLE IXc

C-R ZONE (RURAL COMMERCIAL)

SECTION 9.61. INTENT. The Board of Supervisors finds that because there is a need for small-scale, commercial uses in the outlying areas of the County along rural highway corridors for the convenience of residents and travelers, and because the development standards for these commercial uses should reflect areas where urban services and facilities are generally unavailable and are not likely to be provided in the near future, it is desirable to establish a zone classification which will promote these rural commercial uses on parcels of generally less than 21/2 acres.

SECTION 9.62. USES PERMITTED.

a. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance:

(1) Automobile service stations, not including the concurrent sale of beer and wine for off-premises consumption.

(2) Bakery shops, including baking only when incidental to retail sales on the premises.

(3) Barber and beauty shops.

(4) Bars and cocktail lounges.

(5) Confectionary and candy stores.

(6)Churches, temples and other places of religious worship.

Amended Effective:
09-10-99 (Ord. 348.3883)
10-21-99 (Ord. 348.3888)

(7) Clothing, shoe, shoe repair and leather goods stores.

(8) Delicatessens.

(9) Drug stores.

(10) Dwelling, bed and breakfast.

(11) Feed and grain sales, including outside storage.

(12) Florist shops.

(13) Gift, antique, curio, and art supply shops.

(14) Grocery, dry goods, health food, and variety stores.

(15) Hardware stores.

(16) Hotels and motels, with no more than 25 guest rooms.

(17) Ice cream shops.

(18) Laundries, laundromats and dry cleaning shops.

(19) Libraries.

(20) Convenience stores, not including the sale of motor vehicle fuel.

(21) Meat and poultry markets, not including slaughtering or live sales.

(22) Meeting, fraternal lodge, and community halls.

(23) Museums.

(24) Nurseries and garden supply stores, including outside storage.

(25) Pet and pet supply shops.

(26) Post offices.

(27) Produce markets.

(28) Professional offices.

(29) Real estate offices.

(30) Restaurants, drive-in restaurants and refreshment stands.

(31) Signs, on-site advertising only.

(32) Sporting equipment, gun, bait and tackle, and equestrian shops.

(33) Taxidermist.

(34) Tourist information centers.

(35) One on-site operator's residence, which may be located in a commercial building.

(36) Mobilehomes, provided they are kept mobile and licensed pursuant to state law for use for:

a) Construction offices and caretaker's quarters on construction sites for the duration of a valid building permit, provided they are inconspicuously located; or

b) Agricultural worker employment offices for a maximum of 90 days in any calendar year; or

c) Caretakers or watchmen and their families, provided no rent is paid, where a permitted and existing commercial use is established. No more than one mobilehome shall be allowed for a parcel of land.

(37) Recycling collection facilities.

(38) Child Day Care Center.

Added Effective:
03-12-09 (Ord. 348.4596)

Amended Effective:
09-10-99 (Ord. 348.3883)
10-21-99 (Ord. 348.3888)

b. The following uses are permitted provided a conditional use permit has been approved pursuant to Section 18.28 of this ordinance:

(1) Animal hospitals.

(2) Automobile and truck repair garages, not including body and fender shops or spray painting shops.

(3) Building supply stores and equipment rental, including outside storage.

(4) Liquid petroleum service stations, with or without concurrent sale of beer and wine, provided the total capacity of all tanks shall not exceed 10,000 gallons.

(5) Automobile service stations, with the concurrent sale of beer and wine for off-premises consumption.

(6) Convenience stores, including the sale of motor vehicle fuel.

(7) Liquor stores pursuant to the provisions of Section 18.48 (Alcoholic Beverage Sales) of this ordinance.

c. The uses listed in Subsections a. and b. do not include sex-oriented businesses.

Amended Effective:
03-01-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)

d. Any use that is not specifically listed in Subsections a. and b. may be considered a permitted or conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

Amended Effective:
04-04-89 (Ord. 348.3029)
07-11-89 (Ord. 348.3047)
11-13-90 (Ord. 348.3217)
03-01-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)

SECTION 9.63. LOCATIONAL POLICIES.

No zone change to the C-R Zone shall be approved if:

a. Any part of the parcel lies within an approved specific plan of land use; or

b. Any part of the parcel is contiguous to any city or lies within the adopted sphere of influence of any city; provided, however, that a zone change may be approved within the adopted sphere of a city if the Board determines that the zone change will not conflict with the expected development patterns of the area; or

c. Any part of the parcel lies within 300 feet of a freeway.

SECTION 9.64. DEVELOPMENT STANDARDS.

The following shall be the standards of development in the C-R Zone:

a. The minimum lot area shall be 20,000 square feet, unless a different minimum is specifically required in a particular area.

b. The front, side and rear yard setbacks shall be 25 feet. The front setback shall be measured from the existing adjacent street line or the street line as shown on an adopted highway specific plan. The rear setback shall be measured from the rear lot line or any recorded alley or easement. Each side setback shall be measured from the side lot line or from any existing adjacent street line or the street line as shown on an adopted highway specific plan.

c. No buildings or structures shall exceed 40 feet in height.

d.Total building coverage on a single parcel shall not exceed 20 percent of the net lot size.

e.Automobile parking areas and landscaping shall be in accordance with Section 18.12 of this ordinance.

f.Trash areas shall be visually screened with a six-foot high fence or wall and shall have a gate and be inaccessible to wildlife.

g. No outside storage shall be permitted unless specifically allowed in Section 9.62. Any such storage shall be in the rear of the structure and shall be enclosed with a visually screening fence.

h. The following uses shall be required to install an acceptable security system:

(1) Automobile service stations.

(2) Bars and cocktail lounges.

(3) Liquor and convenience stores.

Added Effective:
9-18-86 (Ord. 348.2623)

Amended Effective:
03-01-94 (Ord. 348.3584)
06-27-97 (Ord. 348.3793)
09-10-99 (Ord. 348.3883)

ARTICLE IXd

C-O (COMMERCIAL-OFFICE ZONE)

SECTION 9.71. INTENT. The Board of Supervisors finds that there is a need in the County of Riverside for a zone classification designed to provide areas where primarily professional and administrative offices and related uses may be located. It is the intent that this zone classification ensures that such uses are well designed and landscaped to be harmonious and compatible with surrounding land uses.

SECTION 9.72. USES PERMITTED.

a. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance:

(1) Administrative and professional offices, including but not limited to business, law, medical, dental, chiropractic, architectural, engineering, community planning, and real estate offices, in which no activity is carried on catering to retail sales and no stock of goods is maintained for sale.

(2) Art gallery, library, reading room, museum.

(3) Banks and financial institutions.

(4) Employment agencies.

(5) Parking lots and parking structures.

(6) Prescription pharmacy when related and incidental to a professional office building.

(7) Tourist information centers.

(8) Travel agencies.

(9) Day care centers.

(10) Churches, temples and other places of religious worship.

Amended Effective:
09-10-99 (Ord. 348.3883) repealed
10-21-99 (Ord. 348.3888)

b. The following uses are permitted provided a conditional use permit has been approved pursuant to Section 18.28 of this ordinance:

(1) Clinics, including but not limited to medical, dental and chiropractic.

(2) (Deleted)

(3) Health and exercise centers, provided all facilities are located within an enclosed building.

(4) Hotels, resort hotels and motels.

(5) Laboratories, film, dental, medical, research or testing.

(6) Restaurants, not including drive-in or take-out restaurants.

(7) Studios for professional work in or teaching of any form of fine arts, including but not limited to photography, music, drama, and dance, where no stock of goods is maintained for sale.

c. The uses listed in Subsections a. and b. do not include sex-oriented businesses.

Amended Effective:
03-01-94 (Ord. 348.3584)

d. Any use that is not specifically listed in Subsections a. or b. may be considered a permitted or conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

Amended Effective:
05-05-92 (Ord. 348-3420)
03-01-94 (Ord. 348.3584)

SECTION 9.73. DEVELOPMENT STANDARDS. The following shall be the standards of development in the C-O Zone:

a. Lot Area. There is no minimum lot area requirement, unless specifically required by zone classification for a particular area.

b. Setbacks.

(1) Where the front, side, or rear yard adjoins a street, the minimum setback shall be 25 feet from the right-of-way line. Where the front, side, or rear yard adjoins a lot zoned R-R, R-1, R-A, R-2, R-3, R-4, R-6, R-T, R-T-R, W-2-M, or SP with a residential use, the minimum setback shall be 25 feet from the property line.

(2) Where the front, side, or rear yard adjoins a lot with a zoning classification other than those specified in paragraph (1) above, there is no minimum setback.

(3) Setback areas may be used for driveways, parking, and landscaping.

c. Height Requirements. The height of structures, including buildings, shall be as follows:

(1) Structures shall not exceed 40 feet at the yard setback line.

(2) Buildings shall not exceed 50 feet unless a height up to 75 feet is granted pursuant to Section 18.34 of this ordinance.

d. Masonry Wall. Prior to occupancy of any use permitted in this article, a six foot high solid masonry wall or combination landscaped earthen berm and masonry wall shall be constructed on each property line that adjoins any parcel specifically zoned for residential use.

e. Landscaping.

(1) A minimum of 15 percent of the site proposed for development shall be landscaped and irrigated.

(2) Not less than five feet of the front yard setback shall be landscaped.

f. Parking Areas. Parking areas shall be provided as required by Section 18.12 of this ordinance.

g. Trash Collection Areas. Trash collection areas shall be screened by landscaping or architectural features in such a manner as not to be visible from a public street or from any adjacent residential area.

h. Outside Storage Areas. Outside storage areas are prohibited.

i. Utilities. Utilities shall be installed underground except that electrical lines rated at 33kv or greater may be installed above ground.

j. Mechanical Equipment. All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet.

k. Lighting. All lighting fixtures, including spot lights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas, shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property.

l. On-site Signs.

(1) Not more than one freestanding sign shall be permitted on a project site, except that if a project has frontage on two or more streets, the project shall be permitted two freestanding signs, provided that the two signs are not located on the same street.

(2) Freestanding signs shall refer only to the permitted uses conducted on the premises, shall be located outside of the road right-of-way, shall not exceed a height of six feet and the maximum surface area of the sign shall not exceed 32 square feet.

(3) Signs affixed to building walls and stating the name of the structure, use or institution, shall not exceed five percent of the surface area of the wall upon which the sign is located, and shall not be illuminated when facing any parcel specifically zoned for residential use.

(4) A building directory with letters not exceeding two inches in height and containing only the name of the occupant, the suite or office number, and the nature of the use or service rendered, shall be permitted.

(5) No on-site sign shall be affixed on, above or over the roof of any building, and no on-site sign shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet.

m. Access. No access shall be allowed from residential streets.

SECTION 9.74. EXCEPTIONS TO DEVELOPMENT STANDARDS. The development standards contained herein, except lot size, setbacks and height, may be waived or modified as part of the plot plan or conditional use permit process if it is determined that the standard is inappropriate for the proposed use, and that waiver or modification of the standard will not be contrary to the public health and safety.

Added Effective:
03-14-89 (Ord. 348.3010)
05-05-92 (Ord. 348.3420)
03-01-94 (Ord. 348.3584)

Amended Effective:
09-10-99 (Ord. 348.3883)

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