The purpose of this of chapter is to prescribe site regulations that apply, except where specifically stated, to development in all zoning districts. These standards shall be used in conjunction with the standards for each zoning district established in Article II (Zoning Districts and Allowable Land Uses). If any section of this Title is in conflict with any other section thereof, or another City ordinance, then the more stringent requirements shall apply.
(Ord. 247, 1/15/2025)
The following rules apply to the calculation and determination of height of structures in the City. The intent of these regulations is to provide for compatibility in the measurement of building height under a variety of circumstances (e.g., sloped site).
A. 
Height Limits. Except as otherwise provided by this section or any other provisions of Title 17, all structures shall be limited to the maximum height identified in the underlying (or applicable overlay) zoning district as identified in Article II (Zoning Districts and Allowable Land Uses) and Article V (Standards Related to Specific Uses).
B. 
Height Measurement. The height of a structure shall be measured as the vertical distance from the finish grade of the site to an imaginary plane located within the allowed number of feet above and parallel to the grade (see Figure 17.150.020-1, Measurement of Height).
Figure 17.150.020-1 - Measurement of Height
C. 
Height Exceptions.
1. 
Public or semipublic buildings in the R-1 and R-2 zones may be erected to a height not exceeding four stories or 60 feet when the required yards are increased by an additional two feet for each foot by which the height exceeds 35 feet.
2. 
Structures necessary for the maintenance and operation of a building and flagpoles, wireless masts, chimneys or similar structures may exceed the prescribed height limits where such structures do not provide additional floor space.
(Ord. 247, 1/15/2025)
Notwithstanding any other provisions of this Title, the following matters may, without notice or public hearing, be approved, conditionally approved or denied in accordance with the following procedure:
A. 
The Community Development Director may approve, conditionally approve or deny a request for a setback adjustment to modify the front, rear or side yard minimum setback requirements of the various zone classifications in this Title.
B. 
The Community Development Director may approve, conditionally approve or deny a request for a temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time not to exceed 12 months.
C. 
The Planning Commission may approve, conditionally approve or deny a temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time in excess of 12 months.
D. 
Applications, containing all required information, shall be filed with the Community Development Director, upon the forms provided by the Planning Department, shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees), and shall be processed pursuant to the provisions of Table 17.125.100-1 (Designated Authority for Approval), including the appeal provisions thereof, except that when the application is for a temporary use for a period of time in excess of 12 months, the Community Development Director shall make a recommendation only, which shall be submitted to the Planning Commission for a decision.
E. 
No request for a setback adjustment shall be granted unless it is determined that the adjustment is: (1) consistent with the intent and purposes of this Title; (2) that there are special circumstances applicable to the property, including such factors as size, shape, topography, location or surroundings that justify the approval of the adjustment of the setback requirement; and (3) that the adjustment will not be detrimental to the health, safety and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the adjustment is requested.
F. 
No request for a temporary use of land shall be granted unless it is determined that the temporary use of the land will not be detrimental to the health, safety or general welfare of the community or be detrimental to property in the vicinity of the parcel for which the temporary use is requested.
G. 
As a condition to approval for a setback adjustment or a temporary use of land, the performance of such condition(s) may be required as is determined to be necessary to assure that the granting of the setback adjustment or temporary use of land will not be detrimental to the health, safety and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the request is made including the following conditions:
1. 
Regulations of points of vehicle ingress and egress to the property;
2. 
Require any necessary landscaping, fencing or walls;
3. 
Require the restoration of the property to a natural appearance, including, but not limited to filling, grading and leveling;
4. 
Establish a time period within which the permission is to be used and required conditions are to be completed.
(Ord. 247, 1/15/2025)
A. 
Yard and Setback Regulations.
1. 
Required Yard Area. Except as otherwise specified in this Title, required yard areas shall be kept free of buildings and structures. Building overhangs, bay windows, and other such elements may encroach as permitted (see Figure 17.150.040-1).
2. 
Lots Abutting Two Or More Streets. In the case of a lot abutting two or more streets, the main buildings and accessory buildings shall be erected so as not to encroach upon the required yards or setbacks of any of the streets (see Figure 17.150.040-1).
3. 
Through Lots. Where a through lot has a depth of 125 feet or more, said lot may be treated as two lots, with the rear line of each approximately equidistant from the front lot lines, provided all the yard requirements are met (see Figure 17.150.040-1).
4. 
Lot Area, Depth, Width, and Setback Reduction. Where a lot area, lot width, lot depth, or setback has been reduced for an existing legally created lot by not more than 15% as a result of acquisition or dedication for a street/highway, road, drain, or other public purpose or as a result of dedication pursuant to a condition of approval, the lot area or yard so reduced may be included in determining compliance with lot area or yard requirements in the same manner as if the acquisition or dedication has not taken place.
5. 
Setback Measurement. The setback of all buildings and structures shall be determined by the exterior boundaries of the ultimate street and highway and their proposed widening and extensions as indicated in the Circulation Element of the General Plan. The width of any street or highway which does not appear in the Circulation Element shall be determined from the standards for street widths and improvements set forth in the City's Street Development Standards.
See Article II, (Zoning Districts and Allowable Land Uses) for more detailed yard and setback requirements and refer to Article VI (Definitions) for definitions and illustrations of lot types.
Figure 17.150.040-1 - Setback Designations
B. 
Yard Encroachments. Where yards are required by this Title, they shall be open and unobstructed from the ground to the sky and kept free of all structural encroachments, except as follows:
1. 
Outside stairways, landing places, and covered patios, if uncovered and unenclosed, may extend into a required side yard for not to exceed three feet and/or into the required rear yard a distance not to exceed five feet, inclusive of any eave or overhang.
2. 
Cornices, canopies eaves, fire places and other similar architectural features not providing additional floor space within the building may extend into a required rear or side yard not to exceed three feet.
a. 
No canopies, carports, or temporary shade structures are permitted in front yard areas.
b. 
If placed within a rear or side yard, at least three of the sides of a canopy or temporary shade structure must be open and facing away from a structure.
c. 
The total area covered by canopies or temporary shade structures may not exceed 120 square feet.
C. 
Detached accessory structures as identified in Chapter 17.185 (Accessory Structures).
(Ord. 247, 1/15/2025)
Unless otherwise exempt, minor development review approval shall be required for fences and walls.
A. 
Exemptions. The following fences and walls shall be exempt from planning review (a building permit may be required as determined by the Chief Building Official):
1. 
Retaining Walls. Retaining walls less than 36 inches in height.
2. 
Residential Fences. Fences located on residential property (privacy fences) constructed in compliance with the standards of this section.
3. 
Required Fences. Fences and walls required by a state or federal agency, or by the City for public safety.
B. 
Height Limits and Locations. For all residential zoning districts in the City, each fence or wall (including landscaping used as a screen) shall comply with the height limits and locations shown in Table 17.150.050-1 (Maximum Height of Fences and Walls in Required Yard Areas).
Table 17.150.050-1 Maximum Height of Fences and Walls in Required Yard Areas
For lots less than one acre in size
Location of fence/wall/screen
Maximum Height
Within required front yard area (Applies to the entire area in the front yard/setback area of a house, as defined by the front façade.)
3.5 feet (42") for solid fences/garden walls 5 feet for chain link and wrought-iron fencing Decorative pilasters (w/cap) & gates (at the crown peak cannot exceed 6 feet
Within required rear and interior side yard area (along rear and interior property lines)
6 feet
Within required street side yard area
6 feet
At intersections of streets, alleys, and driveways within the clear visibility area
Fences/walls located at intersections of streets, alleys, and driveways must maintain clear visibility as defined by the City Engineer.
Fences, walls, and screening are not required between land uses unless otherwise specified in the Zoning Ordinance. Fences, walls, and screening must also be located outside of any public utility easement, except as authorized by the applicable utility agency.
Fences, walls and hedges not exceeding 12 feet in height shall be permitted to enclose sports courts located within the rear half of the lot; provided, however, such enclosure shall be located not less than 3 feet from any side or rear property line; and provided, further, however, that any portion of the enclosure which is higher than 6 feet shall be composed of wire mesh or other material whose vertical surface shall not be closed more than 10%.
Within required front yard area (Applies to the entire area in the front yard/setback area of a house, as defined by the front façade.)
6 feet for solid fences/decorative walls Decorative pilasters (w/cap) at gate entry cannot exceed 7 feet Gates (at the crown peak) cannot exceed 8 feet
Within required rear and interior side yard area (along rear and interior property lines)
6 feet
Within required street side yard area
6 feet
At intersections of streets, alleys, and driveways within the clear visibility area
Fences/walls located at intersections of streets, alleys, and driveways must maintain clear visibility as defined by the City Engineer.
Fences, walls, and screening are not required between land uses unless otherwise specified in the Zoning Ordinance. Fences, walls, and screening must also be located outside of any public utility easement, except as authorized by the applicable utility agency.
Fences, walls and hedges not exceeding 12 feet in height shall be permitted to enclose sports courts located within the rear half of the lot; provided, however, such enclosure shall be located not less than 3 feet from any side or rear property line; and provided, further, however, that any portion of the enclosure which is higher than 6 feet shall be composed of wire mesh or other material whose vertical surface shall not be closed more than 10%.
C. 
Height Measurements.
1. 
Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material. Grade may not be modified in order to increase fence height.
2. 
The height of fencing placed atop a wall shall be measured from the base of the wall, except as provided in subsection (3)c of this section.
3. 
The height of the fence must not exceed six feet as measured from the base of the wall and/or fence from the perspective of the sidewalk, roadway and/or adjacent property.
Figure 17.150.050-1 - Height Measurements
D. 
Prohibited Fences. The following fence materials are prohibited in all zones.
1. 
Garage doors, tires, pallets, shipping containers, buses, truck trailers, or other materials not typically used for the construction of fences.
2. 
Barbed wire or electrified fence (Except within the R-A and R-R zone districts for agricultural use).
3. 
Chain link fencing within a front yard or street side yard.
4. 
Razor wire or similar.
E. 
Nonresidential Walls and Fences. Fences, walls, and screening in Commercial and Industrial zones shall be constructed of long-lasting materials and architecturally integrated with the site design and surrounding area. The following regulations shall apply:
1. 
Fences and walls for screening purposes in commercial and industrial zones shall be approved by the Community Development Director and be constructed of decorative masonry walls, tubular steel, or wrought iron not to exceed six feet in height. When a screening wall is facing a public right-of-way or is not solid, a green wall or a landscaping strip with a minimum width of five feet shall be provided for the length of the wall and include planting of 15-gallon trees placed 10-feet on center. As an alternative, a three-foot high planter with vines and shrubs that will grow to six feet in height shall be installed adjacent to the wall. Wall materials are subject to the approval of the Community Development Director or Planning Commission as part of a proposed development review or CUP application.
2. 
Where a commercial or industrial zone abuts a residential zoning district, a solid decorative masonry (such as slump stone, split-face, etc.) wall six feet in height shall be constructed on the zone boundary line. Walls may be constructed up to eight feet in height to mitigate noise and visual impacts subject to the approval of the Community Development Director or Planning Commission if part of a proposed development review or CUP application.
3. 
Fencing for all outdoor storage areas shall be screened from public view. Screening must include a combination of six-foot decorative block walls, and 36-inch box trees planted a maximum of 20 feet on center. Walls may be constructed up to eight feet in height to mitigate noise and visual impacts subject to the approval of the Community Development Director or Planning Commission if part of a proposed development review or CUP application. Storage of materials or equipment shall not exceed the wall height within 10 feet of street-fronting screening. Walls and fences within the front setback shall not exceed 48 inches (four feet).
4. 
Recreation and sports facilities such as driving ranges, ball fields, tennis courts, etc. may have fencing a maximum of 15 feet in height, provided the fencing is set back at least five feet from the property line, subject to the approval of the Community Development Director, or Planning Commission as part of a proposed development review or CUP application.
5. 
Security Fencing. Security fences may be permitted in Commercial and Industrial Zones. The design of the security fence may include a combination of wrought iron, tubular steel, or decorative masonry wall. In addition, barbed wire may be allowed at the top of a wall or fence with approval of the Community Development Director or Planning Commission as part of a proposed Development Review or CUP application. Barbed wire shall only be permitted when the property owner demonstrates there is a security or safety problem.
6. 
Commercial Fencing Security. Security fencing and walls shall have a maximum height of six feet. Additional height up to eight feet is allowed subject to approval by the Community Development Director or Planning Commission as part of a proposed development review or CUP application.
7. 
Industrial Fencing Security. Security fencing and walls shall have a maximum height of six feet. Additional height up to eight feet is allowed subject to approval by the Community Development Director or Planning Commission as part of a proposed development review or CUP application.
a. 
Monitored electrified security fences are permitted with development review in Industrial Zones with the Community Development Director's approval as well as compliance of the following standards:
i. 
Monitored electrified security fences must be installed three to 12 inches behind a minimum five foot high non-electrified perimeter fence/wall (six feet if adjacent to a residential use or zone).
ii. 
Monitored electrified security fences must be two feet higher than the perimeter barrier, with a max of 10 feet.
iii. 
Warning signs shall be placed at maximum intervals of 30 feet apart, at least one sign per side of the area fenced, and at each access point to clearly identify electric fences. Warning signs should state "Danger-Electric Fence" and include a shock symbol.
iv. 
The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The electric charge produced by the fence upon contact shall not exceed the energizer characteristics set forth in paragraph 22.108 of International Electrotechnical Commission (IEC) Standard 60335-2-76.
v. 
A "Knox Box Electrical Shunt Switch" and a "Knox Box" or other similar approved device shall be installed for emergency access by the Police and Fire Departments.
vi. 
All applicants issued permits to install or use an electrified fence as provided in this chapter shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of Wildomar and its agents, officers, consultants, independent contractors, and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric fence.
(Ord. 247, 1/15/2025)
Commercial businesses and multifamily residential developments that subscribe to organic waste recycling services with the City's franchise waste haulers or otherwise engage in organic waste recycling shall comply with the following standards:
A. 
Bins or containers used for organic waste recycling collection shall be stored inside an existing trash enclosure area. If the existing trash enclosure cannot accommodate the extra waste bin or container, the business owner shall be required to enlarge the trash enclosure subject to planning department approval of a substantial conformance application.
B. 
Expansion of an existing trash enclosure, when required, shall be constructed with the same materials and match the design and color of the existing trash enclosure.
C. 
The expanded trash enclosure (and the existing enclosure) shall be completely covered to prevent rain from falling directly onto the trash containers or enclosure area to keep pollutants from flowing into the City's stormwater system in compliance with the San Diego Regional Water Quality Control Board requirements.
1. 
The roof cover shall be solid and sloped in all directions so that wind-blown rain will not enter the interior of the trash enclosure storage area.
2. 
Stormwater runoff from the roof cover shall drain away from the enclosure area.
3. 
A grade break or other acceptable design feature shall be used to prevent water runoff from entering the trash enclosure area.
4. 
Where feasible, runoff from the roof of the enclosure area shall drain to a landscape area, or other stormwater treatment system, before discharging to the storm drain system.
5. 
Where feasible, there shall be no storm drain inlets located inside the enclosure area.
6. 
Where feasible, the trash enclosure areas shall be plumbed to the sanitary sewer so that waste spills, leaks, and wastewater from trash bin washouts do not run out of the enclosure area and into the storm drain system.
D. 
Signage outlining best management practices (BMPs) shall be posted by the business owner inside the trash enclosure area. The signage shall be identified on the trash enclosure plans, for City review and approval. Signage shall list the following minimum requirements:
1. 
Trash enclosure areas shall be kept free of debris and liquid waste at all times.
2. 
Spills and leaks shall be cleaned up immediately using a spill kit and/or other approved method approved by the Public Works Department.
3. 
Trash waste container lids shall be closed at all times when not actively in use.
4. 
Washing down of the trash enclosure area is not permitted unless the runoff is captured and properly disposed.
5. 
FOG (fats, oils, and grease) waste is prohibited from being stored in the trash enclosure.
(Ord. 247, 1/15/2025)
Swimming pools may be constructed as follows:
A. 
Private, residential swimming pools for the use of the occupants of the premises and their nonpaying guests shall be located not nearer than five feet to any property line or dwelling.
1. 
Pool equipment for private, residential swimming pools shall be located not nearer than five feet to any property line or dwelling.
B. 
Public pools, pools associated with a club, hotel, or resort, and all other swimming pools shall be located not nearer than 10 feet from any property line or building.
1. 
Pool equipment for all nonresidential swimming pools shall be located not nearer than 10 feet to any property line or window opening.
2. 
A swimming pool may be constructed contrary to this section when it lies partially inside and outside a structure conforming with all other provisions of this Title.
(Ord. 247, 1/15/2025)