This Title is known as the Planning and Zoning Code of the City of Menifee, hereinafter referred to as the Title.

Effective on: 1/1/1901

The provisions of this Title are hereby established and adopted to protect and promote the public health, safety, morals, comfort, convenience, and welfare, and more particularly to:

1. Implement the goals and objectives of the general plan and to guide and manage development within the city in accordance with such plan.
2. Protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the city to assure its orderly and beneficial development.
3. Reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements.
4. Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning.

Effective on: 1/1/1901

This Title is adopted pursuant to the authority granted to the City by Planning and Zoning Law (Government Code Section 65000 et seq.), the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and other applicable requirements.

Effective on: 1/1/1901

This Title applies to all land uses, structures, subdivisions, and development within the City, as follows:

1. New or Altered Land Uses or Structures. Compliance with this Title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
2. Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this Title. See Chapter 9.15 (Non-conforming Uses and Structures) for more details.
3. Projects in Process. The enactment of this Title, or any amendments hereto, may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied prior to enactment of this Title. Following the effective date of this Title the following provisions shall apply. Successive amendments to this Title shall specify their applicability to pending applications and projects not yet or under construction; in the event an amendment is silent on this matter, the following shall apply.
   1. Private Projects.
      1. Pending applications. All land use permit applications that are active and that have been determined by the Community Development Director to be complete before the effective date of this Title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete.
      2. Approved projects not yet under construction or exercised. Any project approved prior to the effective date of this Title, which includes a use or improvement that does not conform to the regulations set forth herein, may be developed to the extent authorized by the approval, provided the approval has not expired or, where applicable, before a time extension approved prior to this effective date of this Title has expired, subject to the discretion of the City.
      3. Projects under construction. A structure that is under construction pursuant to a valid building permit on the effective date of this Title, or any amendments thereto, may be completed and need not be changed to satisfy any new or different requirements of this Title as long as construction is being diligently pursued to completion and is consistent with applicable project specific timelines for completion.
   2. Public Projects. No federal, state, county or city governmental project shall be subject to the provisions of this Title, including such projects operated by any combination of these agencies or by a private person for the benefit of any such government agency, unless the agency provides by contract or otherwise that the project shall be constructed or operated in compliance with any or all provisions of this Title.

Effective on: 1/1/1901

The provisions of this Title shall not be deemed or construed to repeal, amend, modify, alter, or change any other City ordinance or provision of law not specifically repealed, amended, modified, altered, or changed herein. In the event the provisions of this Title conflict with any other City ordinance or provision of law, the more restrictive of any such provision shall apply, except as follows:

1. Specific Plans. Where a specific plan has been adopted containing specific use and development standards, the use and development standards contained in this Title shall not apply to the degree that they are not consistent with the use and development standards contained in the specific plan.
2. Development Agreements. Where a development agreement has been adopted containing specific use and development standards, the use and development standards contained in this Title shall not apply to the degree that they are not consistent with the use and development standards contained in the development agreement.

Effective on: 1/1/1901

The provisions of this Title are not intended to abrogate any legally adopted easements, covenants or other agreements which are more restrictive than the provisions of this Title.

Effective on: 1/1/1901

Should any section, chapter, paragraph, phrase or any portion of this Title be declared unconstitutional or invalid or set aside by any court of competent authority, such action shall not affect other sections, chapters, paragraphs, phrases or parts hereof as adopted or amended.

Effective on: 1/1/1901

The purpose of this chapter is to establish and describe the respective administrative responsibilities of City officials and bodies (e.g., Community Development Director, Planning Commission, City Council) for purposes of this Title.

Effective on: 1/1/1901

Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by this title, shall be carried out by the following bodies. In the absence of an assignment, the City Council shall retain responsibility and authority as the legislative body of the City.

1. Community Development Director. The Community Development Director, or designee, shall have the responsibility and authority to administer and enforce this Title as follows:
   1. Receive, review, and process all applications for development pursuant to this Title. Processing includes but is not limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports and recommendations to the Planning Commission and City Council.
   2. Hear and take action on applications as provided by state law and this Title or other City ordinances.
   3. Hear and make recommendations to the Planning Commission on applications as provided by state law and this Title or other City ordinances.
   4. Interpret the provisions and advise the public on the requirements of this Title.
   5. Initiate action for amendment of this Title where it is determined that such amendment would better implement the General Plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this Title.
   6. Issue permits under this Title and certify that all such permits are in full conformance with its requirements.
   7. Refer and coordinate matters related to the administration of this Title with other agencies and City departments and provide information on the status of all development permits.
   8. Chair the Development Review Committee (DRC).
   9. Serve as the administrative zoning body and exercise that authority set forth in Government Code Section 65900 et. seq.
   10. Exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council.
2. City Manager. The City Manager or designee shall oversee the work of the Community Development Director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council.
3. Planning Commission. Pursuant to Government Code Section 65101, and as provided in Chapter 2.20, the City has an established Planning Commission. The Planning Commission shall have the functions and duties as set forth in Section 2.20.100 (Functions and Duties of Planning Commission) of the Menifee Municipal Code.
4. City Council. The City Council is the legislative body of the City and shall have the following land use responsibilities:
   1. Hear and take action on appeals of the Planning Commission.
   2. Hear and take action on applications as provided by state law and this Title or other City ordinances.
   3. Direct planning-related policy amendments and special studies as necessary or desired.
   4. Exercise such other powers and duties as are prescribed by state law or local ordinance.

Effective on: 1/1/1901

The purpose of this chapter is to specify the authority, procedures and rules for clarification of ambiguity in the regulations of this Title in order to ensure the consistent interpretation and application of the Title.

Effective on: 1/1/1901

1. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the Community Development Director shall have the authority and responsibility to interpret such terms, provisions, and requirements.
2. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination. The Department shall keep a record of interpretations made pursuant to this chapter on file for future reference.
3. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.
4. Right to Appeal. A Code interpretation by the Community Development Director may be appealed to the Planning Commission as provided in Section 9.30.100 (Appeals).

Effective on: 1/1/1901

The following rules of interpretation shall be used in the application of the terms, provisions, and requirements of this Code.

1. Abbreviations. The following phrases, personnel, and document titles are shortened in this code:
   1. City of Menifee = City.
   2. Title 9 (Planning and Zoning) = Title = Zoning Code = Code.
   3. Community Development Director = Director.
   4. City Council = Council.
   5. Community Development Department = Department.
   6. Planning Commission = Commission
2. Terminology. The following rules apply to all provisions in this code:
   1. Language. The words “shall,” “will,” “is to,” and “are to” and similar words and phrases are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive.
   2. Tense and number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise.
   3. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either…or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to.”
3. Number of Days. Whenever a number of days is specified in this Title, or in any permit, approval, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business.
4. Minimum Requirements. All provisions of this Title are considered to be minimum requirements, unless specifically stated otherwise.
5. Calculations; Rounding. Where any provision of this Title requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).
6. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category in accordance with Chapter 9.95 (Similar Use Determination).
7. Zone Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the Zoning Map, the following rules shall apply:
   1. District boundaries shown as approximately following the property line of a lot or an open space line shown on a map shall be construed to follow such lines.
   2. Where a district boundary divides a lot, the location of the district boundary shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map.
   3. District boundaries shown as approximately following right-of-way lines of highways, streets or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.
   4. District boundaries shown as lying within right-of-way lines of highways, streets, defined natural features or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.
   5. District boundaries shown as lying at the edge of a mapped floodplain boundary line shall be construed to follow the adopted FEMA or DWR floodplain boundary or contour for the watercourse, as determined by the Director.
   6. If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district.
   7. If any uncertainty remains as to the location of a district boundary or other feature shown on the Zoning Map, the location shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map.
8. Consistency of Text and Diagrams. Diagrams are provided within this Title to illustrate the requirements of the Title’s text. In the event of conflict between the text of this Title and provided diagrams, the text shall determine the City’s regulations.

Effective on: 1/1/1901

The purpose of this chapter is to specify the authority, procedures and limitations for the use, expansion, modification, and restoration of structures and uses made nonconforming by the enactment or amendment of this Title.

Effective on: 1/1/1901

Except as otherwise provided herein, the lawfully permitted use of a structure or of land and the lawfully permitted existence of structures existing on the effective date of this Title or any amendment thereto as determined by the Director may be continued even though such use or structure does not conform to the use or dimensional requirements of this Title. Said uses shall be deemed nonconforming uses and said structures shall be deemed to be nonconforming structures, except as otherwise provided by this chapter.

Effective on: 1/1/1901

Where no structure is involved, the nonconforming use of land may be continued, provided that:

1. Relocation or Enlargement.
   1. Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this Title, except when authorized by approval of a Conditional Use Permit if the approving authority finds that the new location would result in the nonconforming use having less adverse effect on surrounding uses.
   2. Such nonconforming use shall not be enlarged or intensified, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this Title.
2. Discontinuation or Replacement. If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of one year or more, or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this Title.
3. Other Nonconforming Use. No nonconforming use of land shall be changed to another nonconforming use.

Effective on: 1/1/1901

Nonconforming use of a structure may be continued, provided that:

1. Relocation or Enlargement.
   1. Such nonconforming use shall not be enlarged or intensified, nor shall it be extended to occupy a greater area of any structure than occupied by such use at the time of the adoption of this Title, except as authorized in Section 9.15.040.A.3 below.
   2. A structure which contains a nonconforming use shall not be placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Title, except when authorized by approval of a Conditional Use Permit if the approving authority finds that the new location would result in the nonconforming use having less adverse effect on surrounding uses.
   3. A structure, or portion thereof, which contains a nonconforming use shall not be enlarged, nor shall any external evidence of such use be increased by any means whatsoever, except that when authorized by approval of a building permit, a structure containing a nonconforming use, and such nonconforming use, may be enlarged or extended to an extent not exceeding 25% of the floor area of the structure devoted to such nonconforming use.
   4. The enlargement or extension of a structure permitted by this section shall comply with all requirements of the applicable zone, as well as any additional conditions or more restrictive development standards that the approval authority determines are necessary in order to protect adjacent residential development.
2. Discontinuation or Replacement.
   1. If such nonconforming use of a structure ceases for any reason for a continuous period of one year or more, except as provided in Section 9.15.040.E (Restoration of Nonconforming Uses in Damaged Structures), or is changed to a conforming use, any future use of such structure shall be in conformity with all provisions of this Title.
   2. If the structure in or on which a nonconforming use is conducted or maintained is moved any distance for any reason, except as provided in Section 9.15.040.A.1, then any future use of such structure shall be in conformity with all provisions of this Title.
   3. Such nonconforming use may be reestablished, repaired, or replaced upon the determination that without reestablishment, repair, or replacement, there are no economically viable uses available to a property owner that are consistent with the then-existing land use designations and regulations.
3. Alteration. Except in the case of relocation as provided for in Section 9.15.040.A (Relocation or Enlargement), such structure containing a nonconforming use shall not be structurally altered or reconstructed, except for such alteration, maintenance and repair work as is required to keep said structure in safe condition, subject to a determination of the Building Official and/or Fire Marshall.
4. Change Only to a Conforming Use. A nonconforming use of a structure may be changed only to a conforming use. Any part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use.
5. Restoration of Nonconforming Uses in Damaged Structures. The nonconforming use of any structure which is destroyed or damaged by fire, explosion or other natural calamity, or the public enemy may be continued upon the reconstruction of said structure, provided that, except as otherwise permitted by Section 9.15.040.A (Relocation or Enlargement) herein, said nonconforming use shall not be enlarged or expanded and the resumption of said nonconforming use takes place within 18 months of the time of its interruption, which period may be extended by the Community Development Director for a maximum of 12 months for good cause.

(2022-351, 09/21/2022) 

Effective on: 10/21/2022

In order that nonconforming uses may gradually be brought into greater conformity with this Title and the adverse external effects of such uses may be reduced, upon application to and approval of a Conditional Use Permit, the owner of any land or structure so used may be permitted to make limited changes to such structure or use in conjunction with a plan whereby through the addition of landscaped screening and buffer areas, control of noise, smoke or odors, the improvement of lighting, architectural changes, redesign of parking areas and access drives, or by any other appropriate means, these purposes may be achieved. The approving authority may grant approval or approval with modifications, provided that the approval authority finds that the purposes of this Title would be furthered by such action.

Effective on: 1/1/1901

A structure which is conforming in use, but does not conform to the height, yard, building coverage, parking or other development standards of this Title, shall be considered to be a nonconforming structure. Except for such alteration, maintenance and repair work as is required to keep said structure in safe condition, no permit shall be issued nor shall any changes or alterations be made on such structure that will result in the increase of any such nonconformity. Any structure or portion thereof may be altered to reduce its dimensional nonconformity.

Effective on: 1/1/1901

1. Reconstruction Must Conform. If any nonconforming structure is damaged by fire, explosion or other natural calamity, or the public enemy to an extent of 50% or greater of the replacement cost of the entire structure as determined by an estimate prepared by a qualified professional acceptable to the Community Development Director after any necessary consultation with the Building Official, it shall not thereafter be repaired, reconstructed or used except in conformity with the provisions of this Title.
2. Reconstruction Requires Approval. The reconstruction of all nonconforming structures shall be subject to Plot Plan approval per Chapter 9.80 and all findings and requirements thereof except as otherwise expressly allowed or modified by this section. The approving authority shall determine the degree to which such nonconforming structures shall be required to conform with the requirements of this Title. The approving authority shall consider the extent of the nonconformity, the value of the original structure, the relationship of neighboring properties, conformity with the General Plan, the proposed reconstruction and any other consideration it deems appropriate.
3. Exception for Multifamily Dwellings. In accordance with Government Code Section 65863.4, the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily residential dwelling which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. The application of the exceptions of this subsection shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property.
4. Exception for Single-Family Residential Dwellings. The restoration and reconstruction restriction in this subsection shall not apply to any single-family dwelling or mobile/manufactured home which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. The application of the exceptions of this subsection shall not apply to any single-family dwelling or mobile/manufactured home which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed.

(2022-351, 09/21/2022) 

Effective on: 10/21/2022

1. A permit may be issued, subject to approval of the permit or approval type otherwise required for the subject use, for the erection of a structure housing a permitted use on any lot which has been made nonconforming with respect to area, depth, width or frontage requirements by the adoption of, or any amendment to, this Title or the Zoning Map, provided that all other district regulations other than minimum lot area, depth, width and frontage are complied with, provided:
   1. The lot met the zoning requirements at the time the deed to the lot was recorded or a certificate of compliance has been issued; and
   2. A valid conveyance or contract of sale for said lot has been executed and delivered prior to the effective date of the provision of this chapter that made the lot nonconforming; except
   3. Where the owner of any such lot also owned adjoining land on said date, such other land, or so much thereof as may be necessary, shall be combined with the original lot to make a single conforming lot if possible; otherwise, a lot that is conforming to the fullest extent possible.
   4. The new structure meets all building, fire and safety requirements.
2. In the case of a lot having nonconforming dimensions in a residential zone, the minimum required front and rear yards shall be those of the residential zone in which said lot's depth is consistent with the current requirements as specified in this Title, and the minimum required side yards shall be those of the residential zone in which said lot's width is consistent with the current requirements as specific in this Title.

Effective on: 1/1/1901

This chapter creates an orderly land use and business registration process through which land use activities and/or businesses that were in effect prior to the city's incorporation, and that are currently not fully compliant with applicable city rules, regulations and ordinances, may receive a business license and, from and after receipt of the land use and business registration, legally operate within the city as they progress toward full compliance with applicable city rules, regulations and ordinances.

Effective on: 1/1/1901

The following land use activities and/or businesses are eligible to receive a land use and business registration under this chapter:

1. A land use activity or business that existed prior to October 1, 2008 and:
   1. Received a valid certificate of registration from the County of Riverside or was found by the County of Riverside to be exempt from the County of Riverside's certificate of registration process; provided, however, that the land use activity or business:
      1. Must be substantially the same as previously registered, or exempted, by the County of Riverside, 
      2. Must be located at the same address as previously registered, or exempted, by the County of Riverside, and 
      3. Must have been continuously operated since the County of Riverside issued the registration or exemption, or
   2. Demonstrates to the satisfaction of the Director of Community Development or her/his designee that the land use activity or business:
      1. Will be operated and maintained in such a manner, and subject to such conditions imposed in the reasonable discretion of the Director of Community Development or her/his designee, so as to avoid any threat to the public health, safety, and welfare, 
      2. Is located at the same address as it was located as of October 1, 2008, and 
      3. Has been continuously operated since October 1, 2008. For purposes of this division (A), “continuously operated” means all uses that have not ceased operations for a period of more than six continuous months.
         
2. A business owner or property owner for the land use activity or business that is the subject of a land use and business registration request shall provide evidence acceptable to the Community Development Director that such business or land use activity has been consistently operating at the location in question, with no change in material use or conduct of the business or land use activity, since prior to October 1, 2008. Proof of such existence shall be in the form of one or more of the following: dated pictorial evidence; dated delivery or installation receipt for supplies or equipment for said business or land use activity; affidavit(s) of abutting or surrounding property owner; or other evidence as accepted by the Community Development Director.

Effective on: 1/1/1901

The holder of a land use and business registration must satisfy all of the following requirements:

1. If a land owner or business owner/operator applies for a land use and business registration on or before July 1, 2020, that land owner or business owner/ operator shall, by October 1, 2028, bring the land use and/or business into conformance with all applicable standards, criteria and requirements in the City of Menifee Municipal Code, as it may be amended from time to time. A land use and business registration issued pursuant to this division (A) shall expire on October 1, 2028.
2. If a land owner or business owner/operator applies for a land use and business registration after July 1, 2020, that land owner or business owner/operator shall bring the land use and/or business into conformance with all applicable standards, criteria and requirements in the City of Menifee Municipal Code, as it may be amended from time to time, by the earlier of:
   1. Within three years from the issuance of the land use and business registration, and
   2. October 1, 2028.
3. A land use and business registration issued pursuant to this division shall expire on compliance deadline described in the preceding sentence.

4. Any land use or business that has received a land use and business registration and being conducted in a manner, or within or upon a structure, that is found by the city's Building Official or his/her designee to be a threat to the public health, safety, or welfare, shall promptly correct the identified sub-standard condition. All land use and business activities impacted by the condition shall immediately cease, and no further use and/or activity may continue until the issue or condition is corrected.

5. No land use or businesses that has received a land use and business registration shall take any action to increase or cause an increase in the number, scope, or severity of violations with any ordinance, code, or regulation beyond that which exists as of the date of receipt of a business registration.  

6. Upon the expiration or termination of a land use and business registration, all land use activities and business on a property that was subject to the land use and business registration must fully comply with all applicable standards, criteria and requirements in the City of Menifee Municipal Code, as it may be amended from time to time.

7. No land use and business registration shall be issued to land uses and/or activities that have outstanding city, county or state health and safety, or environmental citations, or are in violation of any current health and safety, or environmental regulations. 

8. For citations and/or regulatory violations that post-date the issuance of a land use and business registration, such registration shall be revoked by the Community Development Director if the property or business owners fails to promptly address and remediate such citations and/or regulatory violations.

Effective on: 1/1/1901

Each land use activity or business applying for a land use and business registration under the provisions of this chapter shall conform to the following:

1. The land use activity or business shall include reasonable ingress and egress (which may including paving or other surfacing to conform to Fire Agency requirements), to be maintained at all times, as to vehicular and pedestrian traffic and shall not violate any parking restrictions or create a nuisance by means of parking.
2. The land owner or business owner/operator shall allow the ordinary inspection process as required of other business, including, periodic fire inspections, and stormwater pollution prevention plan and best management practices inspections.
3. Concurrent with receipt of a land use and business registration, the land owner or business owner/operator shall enter into an agreement with the city, under which it shall agree to indemnify and hold harmless the City of Menifee, its officers, agents, employees or representatives, from any action whatsoever resulting from this issuance of the land use and business registration and the conduct of activities pursuant thereto.
4. By requesting and accepting a land use and business registration, the land owner or business owner/operator agrees that the land use activity or business shall not be enlarged, expanded, intensified, modified or enhanced without first receiving review and approval by the city, and that any such enlargement, expansion, intensification, modification or enhancement without first receiving review and approval by the city shall require the immediate termination of the land use or business and any land use and business registration received shall immediately become null and void. Those portions of the land use activity or business approved for enlargement, expansion, intensification, modification or enhancement shall conform to all codes and regulations in effect at the time of the enlargement, expansion, intensification, modification or enhancement. Applications for enlargements, expansions, intensifications, modifications, or enhancements of a use that is the subject of a land use and business registration will be processed utilizing the city's conditional use permit procedures, and shall accordingly be subject to the processes set forth in Chapter 9.40: Conditional Use Permits.
5. All conditions of approval imposed in connection with the County of Riverside's approval, or exemption, of a land use or business activity must be satisfied within one year of written notification from the city. Alternatively, the land owner or business owner/operator may enter into an agreement with the city that establishes a process to bring the land use activity or business into conformance with the applicable conditions of approval.

Effective on: 1/1/1901

Each existing land use activity and/or business subject to the provisions of this chapter shall be subject to the following restrictions and limitations:

1. Land use activities and businesses permitted under this chapter within the residential zoning districts shall not include, at the site where the land use activity or business is being conducted, retail sales or commercial distribution.
2. The use of metal shipping containers as storage devises shall be subject to all applicable City of Menifee Municipal Code requirements including, for residentially designated properties, Chapter 9.16: Metal Shipping Containers As Accessory Storage Facilities On Residentially Designated Properties.
3. The incidental storage, outside of an enclosed building or structure, of materials associated with the on-site land use activity or business shall be subject to the requirements of the underlying zoning district, unless an alternative limit is approved by the Community Development Director upon the submission of proof that the larger storage need is an integral and essential requirement to continue the land use activity or business.
4. Businesses possessing a current and valid state-issued Bureau of Automotive Repair (BAR) registration shall be permitted incidental vehicle storage, not in excess of ten days, of six vehicles actively being repaired, awaiting repair or awaiting pick-up. Vehicles stored within an enclosed structure or within an area secured on all sides with solid walls at least seven feet in height and view obscuring gate(s) shall be exempt from the ten-day storage limitation.
5. All businesses or land use activities engaged in any form of vehicle dismantling, salvage, reclamation, or similar activity dismantling, salvaging, reclaiming or other related act upon vehicles, equipment, motors, structures or transportable devices shall be prohibited.
6. Land use activities or businesses that do not conform to the requirements of the underlying zoning district and which are not registered under the provisions of this chapter are prohibited uses. A legally established nonconforming use may remain as allowed within Chapter 9.15: Nonconforming Uses and Structures.

Effective on: 1/1/1901

All land use activities and/or businesses permitted under this chapter shall register their land use activity or business with the city and obtain a city business license where applicable. An initial administrative fee of $500, or an alternative fee established by City Council resolution, shall be required with the submission of the request to register the land use activity or business.

Effective on: 1/1/1901

Ownership and/or operation of each existing land use activity and/or business subject to the provisions of this chapter shall be transferable, or permitted to be re-established, if a lapse of no more than six months has occurred between the sale or termination and re-establishment of the land use activity or business. 

Effective on: 1/1/1901

This chapter establishes the authority and process for enforcement of the requirements of this Title and any conditions of approval for the planning permits and approvals identified in this Title for purposes of protecting the public health, safety, and welfare of the City.

Effective on: 1/1/1901

The City Manager, Community Development Director, Building Official, Code Enforcement Officer, or designees, may issue citations for any violations of this Title pertaining to the use of any land and the addition, alteration, construction, conversion, erection, moving, reconstruction, or use of any structure. Other officials of the City charged by the law with the general duty of enforcing City ordinance may also enforce the provisions of this Title.

Effective on: 1/1/1901

1. Violations – Effect on Approval or Permit.
   1. Upon violation of any applicable provision of this Title or, if granted subject to conditions, upon failure to comply with conditions, or due to a change in conditions occurring after the original grant of permit which change in conditions makes the continuation of said permit or approval incompatible with the general welfare of the surrounding neighborhood, said permit or approval may be suspended automatically.
   2. A public hearing shall be held in accordance with the procedures outlined in Section 9.20.040 (Revocation or Modification) for discretionary permits and approvals.
2. Enforcement. Enforcement of this Title shall be as provided in Chapter 1.03 (Administrative Citations), or other applicable sections of the Municipal Code.

Effective on: 1/1/1901

1. Purpose. Notwithstanding the provisions of Section 9.30.120 (Modifications to Previously Approved Permits), this section provides procedures for the revocation or modification of previously approved permits or entitlements as follows:
   1. Revocations. The City’s action to revoke a permit shall have the effect of terminating the permit and denying the privileges granted by the original approval.
   2. Modifications. The City may choose to allow the modification of the operational characteristics or development requirements within the allowances of this Title instead of revoking a permit. These modifications may include operation aspects related to buffers, duration of the permit or entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.
2. Applicability.
   1. Revocation or modification proceedings for any discretionary permit or approval granted in accordance with this Title may be initiated by the City if any of the following apply:
      1. A violation of conditions of approval or applicable development standards exists.
      2. The permit was obtained by misrepresentation or fraud.
      3. The use has become detrimental to the public health or safety or constitutes a nuisance.
      4. Circumstances under which the permit was granted have changed to a degree that affects the validity of the findings contained in the original permit.
   2. Modification as used in this section is limited to modifications as specified in Subsection 9.20.040.A.2 and is distinct from the procedures for modifications to previously approved permits as described in Section 9.30.120 (Modifications to Previously Approved Permits).
3. Notice of Intent to Initiate Revocation or Modification Proceedings. Such revocation may be initiated by adopting a Resolution of Intention, which is a resolution indicating the City’s intent to revoke or modify the permit. Such resolution may be adopted by either the Planning Commission or the City Council. The Resolution shall allow reasonable opportunity for the permittee to correct the noncompliance to the satisfaction of the City. Such reasonable opportunity for correction may be provided by scheduling a hearing on the revocation, for a date which will allow reasonable time for correction.
4. Approving Authority.
   1. The Planning Commission shall be the designated approving authority for consideration of a revocation or modification of a permit where the Director or Planning Commission was the original approving authority as specified in Section 9.30.090.
   2. The City Council shall be the designated approving authority for consideration of a revocation or modification of a permit where the City Council was the original approving authority as specified in Section 9.30.090.
5. Noticed Public Hearing. The decision to revoke or modify a permit granted pursuant to the provisions of this Title shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice).
6. Findings. A land use permit may be revoked or modified by the applicable approving authority as specified in Subsection 9.20.040.D (Approving Authority) if any of the following findings can be made:
   1. Circumstances under which the permit was granted have been changed to a degree that one or more of the findings contained in the original permit can no longer be met.
   2. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing for the permit.
   3. One or more of the conditions of the permit has not been substantially fulfilled or has been violated.
   4. The improvement or use authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation or statute.
   5. The improvement or use allowed by the permit has become detrimental to the public health, safety and general welfare, or the manner of operation constitutes or is creating a public nuisance.

Effective on: 1/1/1901