AGRICULTURE ZONES5
Editor's note— Ord. No. 1884, § 1(Exh. A1), adopted May 27, 2014, amended art. VII in its entirety to read as herein set out, substantially reorganizing and revising its provisions. Former art. VII, §§ 90-181, 90-182, 90-184, 90-185, pertained to similar subject matter. Legislative history has been retained at ends of sections.
The purpose of the agricultural zones is to:
(1)
Provide appropriate areas for the managed production of agricultural resources on land of sufficient size.
(2)
Provide for the orderly development of large areas of open land which will have a definite public value as open space or which have been intended for eventual development, pending proper timing for the economical provision of utilities, major streets and other facilities.
(3)
Implement the intention of the underlying land use designation of the general plan.
(Ord. No. 1552, § 2; Ord. No. 1884, § 1(Exh. A1), 5-27-14)
The agriculture zones are established in accordance with the standards of this article and as shown on the official zoning map pursuant to section 90-6.
(1)
A-1—Light agricultural zone: To provide appropriate areas with a minimum lot size of one acre for the establishment of light agricultural land uses or as a holding zone for eventual development.
(2)
A-2—Heavy agricultural zone: To provide appropriate areas with a minimum lot size of five acres for the establishment of heavy agricultural land uses. Parcels with the designation of A-2-10 have a minimum lot size of ten acres.
(Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1949, § 5(Exh. A, 5), 9-25-18)
In the A zones, permitted and conditionally permitted uses shall be as listed within the "Land Use Matrix." Whenever a business is conducted, even if it is a home occupation, a city business license is required pursuant to chapter 18. All other uses not specifically listed in the matrix shall be interpreted as not permitted unless a similar use determination is made by the community development director pursuant to section 90-3. Uses located within the Hemet-Ryan Airport Influence Area are subject to the requirements of the Riverside County Airport Land Use Plan.
(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1566, § 2(A), 8-26-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1591, § 1(1), 9-29-98; Ord. No. 1867, § 3(Exh. A3), 8-13-13; Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1901, § 2(Exh. 2), 4-14-15; Ord. No. 1903, § 2(Exh. 1), 8-11-15; Ord. No. 1919, § 1(Exh. 5), 9-27-16; Ord. No. 1940, § 2(Exh. B), 12-12-17; Ord. No. 1949, § 5(Exh. A, 5), 9-25-18)
(a)
New development projects in the agricultural zones are subject to pre-application review as provided in section 90-49 and site development review as provided in section 90-48 of this chapter. Development of the site and structures shall be consistent with all applicable design guidelines.
(b)
Prior to the construction of any building or structure, a building permit shall be required in accordance with the latest city adopted California Building Code. The following are minimum requirements, unless otherwise noted, and shall apply to all land, buildings, and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted. All linear dimensions are in feet, unless otherwise noted.
(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1900, § 5(Exh. 2), 4-14-15; Ord. No. 1949, § 5(Exh. A, 5), 9-25-18)
(a)
Single-family dwellings standards, including manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 on permanent foundations, in any zone. The following standards shall be met for any single-family dwelling in any zone:
(1)
Structure design shall be consistent with the city's residential design guidelines and shall incorporate sustainable design features as reasonably feasible.
(2)
The floor elevation of the dwelling unit shall be as close as possible to grade level of the lot, while still permitting good drainage of water away from the dwelling unit.
(3)
An enclosed storage area of not less than 175 cubic feet of interior area shall be provided within the garage or carport in the form of a loft or other usable area set aside specifically for storage purposes. This standard shall also apply to new garages or carports.
(b)
Measurement of yards.
(1)
A required yard or other open space around an existing or proposed building shall not be used to meet a required yard or other open space for any other building on an adjoining lot or building site.
(2)
Garage doors shall not, when open or being opened, project beyond any lot line.
(3)
On most lots the required yards shall be as defined in section 90-4. On lots of unusual shape the director shall determine the front, rear and side yard areas based upon the location of the entrance to the house, the address of the house, the floor plan of the house, the slope of the lot, and other similar considerations. The yards shall be indicated on a site plan and maintained on file along with the building permit.
(c)
Building projections into yards.
(1)
Cornices, eaves, belt courses, sills, canopies, chimneys, bay windows or other similar architectural features may extend or project into a required yard of the zone up to 30 inches.
(2)
Open, unenclosed porches, platforms or landing places not covered by a roof or canopy, which do not extend above the level of the first floor of the building, may extend or project into any required front, side or rear yard, or into a court, six feet. A 42-inch high openwork railing may be installed or constructed on any such porch, platform or landing space.
(3)
Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard three feet, and such balconies or stairway may extend into a required front yard not more than the required exit dimension.
(4)
The director may allow additions to an existing, legally constructed structure, sited in accordance with the laws and setbacks in effect at the time of the construction, within the currently required front, side, and/or rear setback. The building addition shall not exceed 50 percent of the floor area of the existing structure. For additions in the front yard, the building shall occupy no more than 25 percent of the lineal frontage of the existing building. The director shall deny any addition when it has been determined to be harmful to the health and safety of the resident or the area. In no case shall any addition be closer than 15 feet to the ultimate street right-of-way. The addition shall not exceed the coverage requirements of the zone.
(d)
Height exceptions. Structures permitted above a specified height limit may be erected as follows: Structure or walls for the housing of elevators, stairways, tanks, ventilating fans or similar structures, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts, radio and television masts, water tanks, silos or similar structures, provided that no roof structure, as listed in this subsection, or any space above the height limit specifically prescribed for particular zones, shall be allowed or used for the purpose of providing usable floor space in excess of that reasonably required to maintain such structures and shall not be used for signage.
(e)
Accessory buildings.
(1)
Accessory structures shall meet the required setbacks of the zone in which they are located. Except that, accessory structures less than 120 square feet in area and less than eight feet in height which are not permanently affixed to the ground may be located as close as three feet to interior side or rear property lines. In no instance shall any accessory structure be placed closer to the front property line than the principal structure.
(2)
In all agricultural zones, accessory structures may be constructed in excess of 50 percent of the principal structure, may exceed the height of the principal structure, and need not be architecturally compatible with the principal structure subject to approval of an administrative adjustment permit by the community development director. The director shall determine that the accessory structure meets the following criteria:
a.
Is otherwise consistent with the regulations of the zone in which it is located;
b.
Is not detrimental to the public health, safety and welfare particularly that of adjacent properties; and
c.
Does not detract from the residential character of the surrounding neighborhood.
(3)
All accessory structures shall be screened to the maximum intent possible with landscaping, fencing, or combination thereof, so as to minimize visual impacts from adjacent rights-of-way and from adjoining properties.
(f)
Walls, fencing, screening and landscaping. This section provides for the regulation of location and height of walls, fencing, screening and landscaping so as to allow the enjoyment of the use of property and the safety of persons using sidewalks and streets related to the property.
(1)
Fencing generally. Walls, fences, screening and hedge planting up to a maximum of six feet in height, measured from the higher of the two finished grades adjoining the wall or fence, may be permitted in any required yard, or along the edge of any yard.
a.
Walls, fences, screening or hedge plantings in any required front yard shall be a maximum of 42 inches in height when measured from the adjacent sidewalk or street, unless expressly permitted by other applicable sections of this chapter.
b.
A wall, fence or hedge up to six feet in height may be located parallel to the edge of the sidewalk on the street side yard adjacent to the lot, whether the sidewalk area is monolithic or has a planted parkway.
c.
On corner lots the corner cutback area shall be free and clear of visual obstructions in excess of 42 inches in height. The corner cutback shall be defined by a line on a horizontal plane connecting two points along the front and street side property lines and forming a triangle. These points shall be measured 30 feet back from the intersection of the prolongation of the front and street side property lines.
On lots where the driveway is adjacent to the rear yard of a neighboring lot the corner cutback area shall be free and clear of visual obstructions in excess of 42 inches in height. The cutback lines shall be determined by measuring from the projection of the coterminous front and rear property line ten feet along the inside edge of the sidewalk and ten feet back from the street connecting the two points forming a 45 degree triangle.
(2)
Swimming pool fencing. Swimming pools shall be entirely enclosed by buildings, fences or walls. The fence or wall shall be at least a minimum of five feet above grade level immediately adjacent thereto, and shall be equipped with self-latching gates or doors, with the latching device not less than four feet above the ground. Prior to filling the pool the required fencing or walls must be in place and approved by the city building department.
(3)
When a church, school or college, or public facilities are adjacent to an A or R zone, a solid six-foot masonry wall shall be constructed on the adjoining A or R zone property line. A ten-foot landscaped area adjacent to the wall shall also be installed and maintained on the church side of the wall. The landscaping shall consist of plant material, including a minimum 15-gallon evergreen trees planted on 20-foot centers.
(g)
Agricultural buffers. Landscape setbacks and fencing shall serve as buffers between residential developments and agricultural uses to reduce potential conflicts. Any new residential development proposed adjacent to an existing long-term agricultural operation and any new agricultural operation proposed adjacent to an existing residential subdivision shall provide a minimum 20-foot setback from property line, of which ten feet shall be landscaped. Fencing at the property line shall be provided pursuant to this section. The agricultural buffer shall be approved by the community development director.
(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1675, 10-8-02; Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1957, § 2, 6-11-19)
Principal buildings, structures, or uses, or a significant alteration or enlargement of an existing building, structure, or use may be subject to the requirements of article II, section 90-48 (site development review) of this chapter.
(Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1903, § 2(Exh. 1), 8-11-15)
Agricultural operations shall comply with the regulations of section 90-1048 unless specified elsewhere in this article.
(Ord. No. 1884, § 1(Exh. A1), 5-27-14)
Appeal of a decision of the community development director or designee may be made to the planning commission pursuant to section 90-43(6).
(Ord. No. 1884, § 1(Exh. A1), 5-27-14)
AGRICULTURE ZONES5
Editor's note— Ord. No. 1884, § 1(Exh. A1), adopted May 27, 2014, amended art. VII in its entirety to read as herein set out, substantially reorganizing and revising its provisions. Former art. VII, §§ 90-181, 90-182, 90-184, 90-185, pertained to similar subject matter. Legislative history has been retained at ends of sections.
The purpose of the agricultural zones is to:
(1)
Provide appropriate areas for the managed production of agricultural resources on land of sufficient size.
(2)
Provide for the orderly development of large areas of open land which will have a definite public value as open space or which have been intended for eventual development, pending proper timing for the economical provision of utilities, major streets and other facilities.
(3)
Implement the intention of the underlying land use designation of the general plan.
(Ord. No. 1552, § 2; Ord. No. 1884, § 1(Exh. A1), 5-27-14)
The agriculture zones are established in accordance with the standards of this article and as shown on the official zoning map pursuant to section 90-6.
(1)
A-1—Light agricultural zone: To provide appropriate areas with a minimum lot size of one acre for the establishment of light agricultural land uses or as a holding zone for eventual development.
(2)
A-2—Heavy agricultural zone: To provide appropriate areas with a minimum lot size of five acres for the establishment of heavy agricultural land uses. Parcels with the designation of A-2-10 have a minimum lot size of ten acres.
(Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1949, § 5(Exh. A, 5), 9-25-18)
In the A zones, permitted and conditionally permitted uses shall be as listed within the "Land Use Matrix." Whenever a business is conducted, even if it is a home occupation, a city business license is required pursuant to chapter 18. All other uses not specifically listed in the matrix shall be interpreted as not permitted unless a similar use determination is made by the community development director pursuant to section 90-3. Uses located within the Hemet-Ryan Airport Influence Area are subject to the requirements of the Riverside County Airport Land Use Plan.
(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1566, § 2(A), 8-26-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1591, § 1(1), 9-29-98; Ord. No. 1867, § 3(Exh. A3), 8-13-13; Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1901, § 2(Exh. 2), 4-14-15; Ord. No. 1903, § 2(Exh. 1), 8-11-15; Ord. No. 1919, § 1(Exh. 5), 9-27-16; Ord. No. 1940, § 2(Exh. B), 12-12-17; Ord. No. 1949, § 5(Exh. A, 5), 9-25-18)
(a)
New development projects in the agricultural zones are subject to pre-application review as provided in section 90-49 and site development review as provided in section 90-48 of this chapter. Development of the site and structures shall be consistent with all applicable design guidelines.
(b)
Prior to the construction of any building or structure, a building permit shall be required in accordance with the latest city adopted California Building Code. The following are minimum requirements, unless otherwise noted, and shall apply to all land, buildings, and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted. All linear dimensions are in feet, unless otherwise noted.
(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1900, § 5(Exh. 2), 4-14-15; Ord. No. 1949, § 5(Exh. A, 5), 9-25-18)
(a)
Single-family dwellings standards, including manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 on permanent foundations, in any zone. The following standards shall be met for any single-family dwelling in any zone:
(1)
Structure design shall be consistent with the city's residential design guidelines and shall incorporate sustainable design features as reasonably feasible.
(2)
The floor elevation of the dwelling unit shall be as close as possible to grade level of the lot, while still permitting good drainage of water away from the dwelling unit.
(3)
An enclosed storage area of not less than 175 cubic feet of interior area shall be provided within the garage or carport in the form of a loft or other usable area set aside specifically for storage purposes. This standard shall also apply to new garages or carports.
(b)
Measurement of yards.
(1)
A required yard or other open space around an existing or proposed building shall not be used to meet a required yard or other open space for any other building on an adjoining lot or building site.
(2)
Garage doors shall not, when open or being opened, project beyond any lot line.
(3)
On most lots the required yards shall be as defined in section 90-4. On lots of unusual shape the director shall determine the front, rear and side yard areas based upon the location of the entrance to the house, the address of the house, the floor plan of the house, the slope of the lot, and other similar considerations. The yards shall be indicated on a site plan and maintained on file along with the building permit.
(c)
Building projections into yards.
(1)
Cornices, eaves, belt courses, sills, canopies, chimneys, bay windows or other similar architectural features may extend or project into a required yard of the zone up to 30 inches.
(2)
Open, unenclosed porches, platforms or landing places not covered by a roof or canopy, which do not extend above the level of the first floor of the building, may extend or project into any required front, side or rear yard, or into a court, six feet. A 42-inch high openwork railing may be installed or constructed on any such porch, platform or landing space.
(3)
Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard three feet, and such balconies or stairway may extend into a required front yard not more than the required exit dimension.
(4)
The director may allow additions to an existing, legally constructed structure, sited in accordance with the laws and setbacks in effect at the time of the construction, within the currently required front, side, and/or rear setback. The building addition shall not exceed 50 percent of the floor area of the existing structure. For additions in the front yard, the building shall occupy no more than 25 percent of the lineal frontage of the existing building. The director shall deny any addition when it has been determined to be harmful to the health and safety of the resident or the area. In no case shall any addition be closer than 15 feet to the ultimate street right-of-way. The addition shall not exceed the coverage requirements of the zone.
(d)
Height exceptions. Structures permitted above a specified height limit may be erected as follows: Structure or walls for the housing of elevators, stairways, tanks, ventilating fans or similar structures, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts, radio and television masts, water tanks, silos or similar structures, provided that no roof structure, as listed in this subsection, or any space above the height limit specifically prescribed for particular zones, shall be allowed or used for the purpose of providing usable floor space in excess of that reasonably required to maintain such structures and shall not be used for signage.
(e)
Accessory buildings.
(1)
Accessory structures shall meet the required setbacks of the zone in which they are located. Except that, accessory structures less than 120 square feet in area and less than eight feet in height which are not permanently affixed to the ground may be located as close as three feet to interior side or rear property lines. In no instance shall any accessory structure be placed closer to the front property line than the principal structure.
(2)
In all agricultural zones, accessory structures may be constructed in excess of 50 percent of the principal structure, may exceed the height of the principal structure, and need not be architecturally compatible with the principal structure subject to approval of an administrative adjustment permit by the community development director. The director shall determine that the accessory structure meets the following criteria:
a.
Is otherwise consistent with the regulations of the zone in which it is located;
b.
Is not detrimental to the public health, safety and welfare particularly that of adjacent properties; and
c.
Does not detract from the residential character of the surrounding neighborhood.
(3)
All accessory structures shall be screened to the maximum intent possible with landscaping, fencing, or combination thereof, so as to minimize visual impacts from adjacent rights-of-way and from adjoining properties.
(f)
Walls, fencing, screening and landscaping. This section provides for the regulation of location and height of walls, fencing, screening and landscaping so as to allow the enjoyment of the use of property and the safety of persons using sidewalks and streets related to the property.
(1)
Fencing generally. Walls, fences, screening and hedge planting up to a maximum of six feet in height, measured from the higher of the two finished grades adjoining the wall or fence, may be permitted in any required yard, or along the edge of any yard.
a.
Walls, fences, screening or hedge plantings in any required front yard shall be a maximum of 42 inches in height when measured from the adjacent sidewalk or street, unless expressly permitted by other applicable sections of this chapter.
b.
A wall, fence or hedge up to six feet in height may be located parallel to the edge of the sidewalk on the street side yard adjacent to the lot, whether the sidewalk area is monolithic or has a planted parkway.
c.
On corner lots the corner cutback area shall be free and clear of visual obstructions in excess of 42 inches in height. The corner cutback shall be defined by a line on a horizontal plane connecting two points along the front and street side property lines and forming a triangle. These points shall be measured 30 feet back from the intersection of the prolongation of the front and street side property lines.
On lots where the driveway is adjacent to the rear yard of a neighboring lot the corner cutback area shall be free and clear of visual obstructions in excess of 42 inches in height. The cutback lines shall be determined by measuring from the projection of the coterminous front and rear property line ten feet along the inside edge of the sidewalk and ten feet back from the street connecting the two points forming a 45 degree triangle.
(2)
Swimming pool fencing. Swimming pools shall be entirely enclosed by buildings, fences or walls. The fence or wall shall be at least a minimum of five feet above grade level immediately adjacent thereto, and shall be equipped with self-latching gates or doors, with the latching device not less than four feet above the ground. Prior to filling the pool the required fencing or walls must be in place and approved by the city building department.
(3)
When a church, school or college, or public facilities are adjacent to an A or R zone, a solid six-foot masonry wall shall be constructed on the adjoining A or R zone property line. A ten-foot landscaped area adjacent to the wall shall also be installed and maintained on the church side of the wall. The landscaping shall consist of plant material, including a minimum 15-gallon evergreen trees planted on 20-foot centers.
(g)
Agricultural buffers. Landscape setbacks and fencing shall serve as buffers between residential developments and agricultural uses to reduce potential conflicts. Any new residential development proposed adjacent to an existing long-term agricultural operation and any new agricultural operation proposed adjacent to an existing residential subdivision shall provide a minimum 20-foot setback from property line, of which ten feet shall be landscaped. Fencing at the property line shall be provided pursuant to this section. The agricultural buffer shall be approved by the community development director.
(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1675, 10-8-02; Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1957, § 2, 6-11-19)
Principal buildings, structures, or uses, or a significant alteration or enlargement of an existing building, structure, or use may be subject to the requirements of article II, section 90-48 (site development review) of this chapter.
(Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1903, § 2(Exh. 1), 8-11-15)
Agricultural operations shall comply with the regulations of section 90-1048 unless specified elsewhere in this article.
(Ord. No. 1884, § 1(Exh. A1), 5-27-14)
Appeal of a decision of the community development director or designee may be made to the planning commission pursuant to section 90-43(6).
(Ord. No. 1884, § 1(Exh. A1), 5-27-14)