This chapter describes the general requirements of this title
for the approval of proposed development and new land use activities
by the city. Land use requirements for specific land uses are established
by Divisions II (Zoning Districts) and III (Development and Operational
Standards). Land use and development approval and administrative provisions
are established by Division IV (Review and Approval Procedures) and
V (Administration).
(Ord. 777 § 1 (Exh. A),
2002)
Use of land or structures shall not be allowed, altered, constructed,
established, expanded, reconstructed, or replaced unless the use of
land or structures complies with the following.
A. Allowable Use. The land use shall be identified by Chapter
17.08 (Residential Zoning Districts), 17.10 (Commercial and Industrial Zoning Districts), 17.12 (Special Purpose Districts), or 17.14 (Overlay Zoning Districts), as being allowable in the zoning district applied to the site.
B. Approval Requirements. Land use approvals required by this title shall be obtained before the proposed activity is constructed, otherwise established, or put into operation, unless the proposed activity is listed in Section
17.04.030 (Exemptions from land use approval requirements).
C. Development
Standards. Uses and/or structures shall comply with the applicable
development standards of this title, including Division II (Zoning
Districts), Division III (Development and Operational Standards),
the general plan and other city standards and policies related to
the use and development of land.
D. Conditions
of Approval. Uses and/or structures shall comply with all conditions
imposed by the review authority.
E. Development Agreements. Uses and/or structures shall comply with requirements referenced in an applicable development agreement approved by the city in compliance with Chapter
17.56 (Development Agreements) or by Riverside County before city incorporation, even if in conflict with this title.
F. Other
Development Policies. The city may adopt policies separate from this
title that may effect the use and development of land. Applicable
policies, standards, and procedures related to land development shall
apply as deemed appropriate by the review authority.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 1019 § 2, 2011)
The land use requirements of this title do not apply to the
activities, uses of land and/or structures identified by this section.
A. General Requirements for Exemption. The activities, uses of land and/or structures identified by subsection
B are exempt from the land use requirements of this title only when:
1. The
activity or use is established and operated in compliance with applicable
development standards of Divisions II (Zoning Districts) and III (Development
and Operational Standards); and
2. Approvals required by regulations other than this title are obtained in compliance with Section
17.04.050 (Additional approvals may be required).
B. Exempt Activities and Uses. The following activities, uses of land and/or structures are exempt from the land use requirements of this title when in compliance with subsection
A of this section.
1. Decks,
Paths, and Driveways. Decks, platforms, on-site paths, and driveways
that are not required to have a building permit or grading permit
and are not over twelve inches above finished grade.
2. Fences
and Walls Residential Zoning Districts. Fences and walls in the residential
zoning districts are exempt from land use requirements as follows:
a. Interior Lots. Fences and walls up to three feet in height when located
within the required front yard, or up to six feet in height when located
outside the required front yard; and
b. Corner Lots. Fences and walls up to three feet in height within the
required front yard, street side yard, and within a traffic safety
visibility area. Fences and walls up to six feet in height when located
outside the required front yard and traffic safety visibility areas,
and at least five feet from the street side property line.
3. Interior
Remodeling. Interior alterations that do not decrease room sizes below
the required minimum areas, increase the number of rooms or the gross
floor area within the structure, or a change in the allowed use of
the structure.
4. Repairs
and Maintenance. Ordinary repairs and maintenance, if the work does
not result in any change in the approved land use of the site or structure,
or the addition to, enlargement or expansion of the structure, and
if exterior repairs employ the same materials and design as the original.
5. Small Residential Accessory Structures. Portable storage sheds and other small structures in residential zoning districts that are exempt from building permit requirements and are less than one hundred twenty square feet in gross floor area. These facilities shall comply with the side and rear setback requirements established by Division II (Zoning Districts) for the applicable zoning district, or Section
17.30.190 (Residential Accessory Uses and Structures), as applicable.
6. Outdoor Play Equipment. Outdoor play equipment (e.g., swings, slides, climbing towers, bridges, and similar elements) less than eight feet in height and a footprint less than one hundred twenty square feet. These facilities shall comply with the side and rear setback requirements established by Division II (Zoning Districts) for the applicable zoning district, or Section
17.30.190 (Residential accessory uses and structures), as applicable.
7. Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and fish ponds, etc., that do not exceed: one hundred twenty square feet in total area, including related equipment; contain more than two thousand gallons of water; and a height of eighteen inches above finished grade. These facilities shall comply with the side and rear setback requirements established by Division II (Zoning Districts) for the applicable zoning district, or Section
17.30.190 (Residential accessory uses and structures), as applicable.
8. Utilities. The alteration, construction, erection, or maintenance by a public utility or public agency of underground or overhead utilities (e.g., electric, gas, hydrants, supply or disposal systems, including cables, conduits, drains, fire-alarm boxes, mains, pipes, police call boxes, sewers, telecommunication, traffic signals, water, wires, etc.), but not including structures, shall be allowed in any zoning district. Satellite and cellular telephone antennas are subject to Chapter
17.32 (Wireless Communication Facilities).
9. Walls, Retaining Walls. Walls less than thirty inches in height located in compliance with subsection
(B)(2), and retaining walls (retaining earth only) that result in grade changes of eighteen inches or less and are not required to have a building permit.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 1019 § 2, 2011)
Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Chapter
17.46 (Temporary Use Permits).
(Ord. 777 § 1 (Exh. A),
2002)
A. Other
Approvals Required. An allowed land use that is exempt from a land
use approval, or has been granted a land use approval, may still be
required to obtain other approvals before the use is constructed,
or otherwise established and put into operation. Nothing in this chapter
shall eliminate the need to obtain any approvals required by:
1. Other
provisions of the Municipal Code, including: building permits, grading
permits, other construction permits, or a business license; or
2. Riverside
County, a special district, or any regional, state, or federal agency.
B. Obtained
Before Starting Work. All necessary approvals shall be obtained before
starting work or establishing a new use.
(Ord. 777 § 1 (Exh. A),
2002)