A.

Purpose. The purpose of this Chapter is to implement the Open Space/Conservation Element of the General Plan, to protect areas designated for public and private uses related to open space and recreation, to preserve and protect these areas as a limited valuable natural resource, and to identify, classify and protect lands the unrestricted use of which, might constitute a hazard to the public health, safety and welfare and the aesthetic value of the community. Open space areas include Bell Mountain, Fairview Mountain, the Apple Valley Country Club, the Mojave River, the knolls, any significant rock outcroppings, and any slopes of fifteen (15) percent or greater. Also included are flood control channels, groundwater percolation basins, and recreational facilities such as parks and recreation trails.

B.

Objectives. The following are objectives of the Open Space Districts:

1.

The conservation and protection of natural resources within the Town;

2.

The preservation of significant mature native trees, native vegetation, significant natural landforms, and wildlife habitat within the Town;

3.

The preservation of the integrity, function, productivity and long term viability of environmentally sensitive habitats and significant geological features within the Town;

4.

The promotion and encouragement of energy efficiency and the use of renewable energy resources;

5.

The encouragement and support for the preservation of historic, cultural and archaeological resources within the Town;

6.

The emphasis of the importance of the maintenance of, and access to, open space and recreational resources within the Town;

7.

The provision of recreational facilities to meet the needs of all segments of the community for recreational activities, relaxation and social interaction;

8.

The provision of pedestrian, jogging, equestrian and bicycle trails as linkages between open space and recreational facilities within the Town;

9.

The minimization of the generation of air pollutants from projected growth and the support of regional efforts to control air pollution in order to minimize public health hazards;

10.

The promotion of land use decisions which ensure, to the greatest extent possible, compatibility between mineral resource extraction and adjacent land uses.

A.

Conservation Open Space District (OS-C).

The purpose of the OS-C district is to protect and conserve significant natural and visual resources within the Town, and to protect the public health, safety and welfare by establishing regulations for those areas set aside for open spaces. In general, lands in the OS-C district contains environmental conditions that have significant constraints on development, or are scenic assets to the community, or are essential in establishing and maintaining Town's image when left undisturbed. The OS-C district is intended to:

1.

Conserve significant natural features and open spaces such as major rock outcroppings and boulder fields, major ridges and peaks, fifteen (15) percent and greater slopes of mountains and knolls, prime wash habitats and native vegetation;

2.

Conserve the character of the natural desert landscape and provide opportunities for passive recreational uses such as hiking, horseback riding, bicycling, and enjoyment of the natural desert setting;

3.

Assure the continued existence of adequate wildlife habitat and foster the free movement of wildlife within the desert;

4.

Promote a continued economic benefit to the community by protecting natural open space areas for the visual and recreational enjoyment of residents and visitors alike;

5.

Provide a mechanism for recognizing and protecting private and public lands that have been designated for conservation in the Town General Plan.

B.

Recreation Open Space District (OS-R).

The OS-R district is primarily intended for privately owned lands that provide a range of active recreational opportunities within the community. These active recreational opportunities are meant to serve the recreational and social interaction needs of the Town residents of all ages, economic situations, and physical conditions. A limited number of publicly owned lands may also be included, subject to the approval of the Town Council. The OS-R district is intended to:

1.

Preserve open space for the conservation of natural resources;

2.

Maintain the natural desert character of the land while providing for compatible on-site recreational uses;

3.

Provide public or private commercial active recreational uses and activities on either publicly or privately owned land within the community;

4.

Promote land use compatibility with existing or planned residential, commercial, manufacturing and open space uses;

5.

Encourage in-fill active recreational land uses which provide a range of opportunities within the community that serve the recreational and social interaction needs of the Town residents of all ages, economic situations and physical conditions;

6.

Provide for the conservation and preservation of environmentally significant physical and cultural resources;

7.

Provide for recreational opportunities within planned communities and planned residential developments;

8.

Provide for associated building construction and development that is sensitive to existing and planned land uses on the same parcel and on surrounding properties.

If a proposed use is not listed in this Section, the Director shall, upon written request and in accordance with Section 9.05.070, Similar Uses, of this Code, review the proposed unlisted use. Based on the characteristics of the proposed use, the "Standard Industrial Classification Manual" and other available resource material, the Director may determine that the proposed unlisted use is equivalent in nature and intensity to a listed use. The proposed use shall then be treated in the same manner as the equivalent listed use in determining where it can be located, what permits are required and what standards affect its establishment if the findings required in Section 9.05.070, Similar Uses, of this Code, can be made.

ABBREVIATIONS

OS-C Open Space/Conservation District

OS-R Open Space/Recreation District

The uses listed in Table 9.55.030-A shall be allowed in the Open Space districts as indicated in the column beneath each district and as defined below and explained in Section 9.11.020, Table 9.11.01, of this Code.

C: Conditional uses, subject to Conditional Use Permit process, Planning Commission review

P: Permitted uses, subject to Development Permit process

"-": Denotes those uses that are prohibited

SUP Subject to a Special Use Permit, Planning Division Approval

The Conditional Use Permit process is detailed in Chapter 9.16 and the Development Permit process is detailed in Chapter 9.17of this Code.

The uses listed in Table 9.55.030-A below apply to applications for expansion, tenant improvements, change of occupancy, or new development.

Table 9.55.030-A Permitted Uses

A.

Lot Coverage. Lot coverage shall not exceed thirty (30) percent.

B.

Height Limitations. Building height shall not exceed thirty-five (35) feet.

C.

Setbacks

1.

Front or Street Side Setbacks. Front or street side setbacks shall be equal to the setbacks (or average setback) required for abutting properties, or fifty (50) feet, whichever is greater.

2.

Interior Side or Rear Setbacks. Interior side or rear setbacks shall be equal to the setbacks (or average setback) required for abutting properties, or twenty-five (25) feet, whichever is greater.

D.

Protection of Wildlife Habitat and Migration Corridors. In order to protect existing wildlife habitat and the migration corridors of native wildlife, the following setbacks are established for Open Space Districts:

1.

A minimum setback of twelve (12) feet from centerline shall be maintained on both sides of natural drainage channels and washes.

2.

Along the Mojave River, no construction is permitted within the San Bernardino County Flood Control District easement without appropriate Town, County, State and Federal permits.

E.

Minimize Site Disturbance. Disturbance of the site during construction shall not extend more than thirty (30) feet surrounding the building pad.

F.

Revegetation. Revegetation of construction areas is required as follows:

1.

Whenever a portion of the property in the Open Space districts is disturbed by the construction of a permitted or conditional use, the disturbed area shall be revegetated around the improvements to restore the natural desert character. Development proposals in the Open Space Districts shall therefore include a Revegetation/Landscape Plan. The location of areas to be restored to a natural appearance and the revegetation techniques used shall be approved by the Planning Director of Planning Services.

2.

If a portion of the land proposed for development in the Open Space districts has been previously cleared of vegetation, the disturbed area shall be restored to a natural appearance through revegetation and regrading as a condition of any required permit. The location of areas to be restored to a natural appearance and the revegetation and regrading techniques used shall be approved by the Director of Planning Services.

3.

Underground utility corridors and drainage improvements outside of the building envelopes shall be included in revegetation area.

G.

Animal Raising. Animal raising in Open Space Districts is permitted in accordance with the provisions of Article III, Residential Districts.

H.

Additional Standards for Commercial and Residential Uses. In addition to the standards described in this Section, commercial and residential uses shall also conform to the standards applicable to the most similar commercial or residential use as provided by Articles III and IV of this Development Code.

A.

Permitted Accessory Uses and Structures. Accessory uses and structures are subject to approval of the same type of review as the primary use, i.e., Development Permit or Conditional Use Permit.

1.

Open Space/Conservation (OS-C) District. The following accessory uses and structures are permitted in the OS-C district:

a.

Caretaker's residence;

b.

Restrooms.

2.

Open Space/Recreation (OS-R) District. The following accessory uses and structures are permitted in the OS-R district:

a.

Caretaker's residence;

b.

Concession stands;

c.

Greenhouses;

d.

Information centers;

e.

Maintenance buildings;

f.

Stages and bandshells;

g.

Restrooms.

B.

Standards for Accessory Structures. The following standards apply to accessory structures:

1.

In the Open Space districts, accessory structures listed in Section 9.55.050.A, above, may be constructed prior to or without a primary structure being located on the same lot or parcel;

2.

Attached or detached accessory structures shall not be located within any required front or street side setback;

3.

Accessory structures attached to the primary structure may encroach five (5) feet into the required rear setback and may encroach three (3) feet into the required interior side setback;

4.

Detached accessory structures, including swimming pools and spas, may be located within the required interior side setback or rear setback, provided that such structure is located at least five (5) feet from any side or rear property line and at least ten (10) feet from the primary structure. Swimming pools and spas may be located to within three (3) feet of any structure;

5.

Accessory structures are limited to one (1) story or twenty-five (25) feet in height and shall not exceed the height of the primary structure;

6.

Accessory structures shall be constructed of or finished with materials, or colors or architectural treatments that are similar to or compatible with those of the primary building on the site.

A.

Architecture. Architecture should reflect the Town's desert setting and long term traditional values. Building design options should be compatible with existing development to the greatest extent possible.

B.

Fencing. In general, fencing and walls shall be limited to those required for buffering, screening or security. Solid privacy fencing or walls shall be limited to the immediate area around homes or other structures, open fencing shall be used on the balance of the site.

C.

Landscaping. Landscaping shall be provided as required by Chapter 9.75, Water Conservation/Landscaping Regulations, of this Code.

D.

Lighting. All on-site lighting shall comply with Chapter 9.70, Performance Standards, of this Code, and the Town lighting ordinance.

E.

Parking and Circulation. A parking and vehicular circulation plan encompassing adjoining streets, alleys and uses shall be submitted to the Town Engineer for review and approval. In addition, all on-site parking shall comply with Chapter 9.72, Off-Street Parking and Loading Regulations, of this Code.

F.

Screening. Screening and buffering for commercial uses shall be in accordance with Chapter 9.37, Commercial and Office Districts Design Standards, of this Code.

G.

Signs. All on-site signs shall comply with Chapter 9.74, Signs and Advertising Displays, of this Code.

H.

Trash Enclosures. Trash enclosures shall be provided in accordance with Chapter 9.35, Commercial and Office Districts, of this Code.