Rancho Mirage City Zoning Code
Division I
General Provisions
§ 17.01.010 Title.
This title is and shall be cited as the City of Rancho Mirage Zoning Ordinance, Title 17 of the Rancho Mirage Municipal Code, hereafter referred to as this zoning ordinance.
(Ord. 777 § 1 (Exh. A, 2002))
§ 17.01.020 Purpose of zoning provisions.
This title implements the policies of the Rancho Mirage general plan by classifying and regulating the uses of land and structures within the city of Rancho Mirage. This title is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the city. Additional purposes of this title are to:
A.
Implement the goals, objectives, policies and programs of the Rancho Mirage general plan, and to manage future growth and development in compliance with that plan;
B.
Provide standards for the orderly growth and development of the city that will maintain the community's unique characteristics in appropriate locations;
C.
Require high quality planning and design for development, that enhances the visual character of the city, avoids conflicts between land uses, and preserves the scenic qualities of the city;
D.
Conserve and protect the natural resources of the city, its natural beauty and significant environmental amenities; and
E.
Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities.
(Ord. 777 § 1 (Exh. A, 2002))
§ 17.01.030 Authority and general plan consistency.
A.
Authority. This title is enacted based on the authority vested in the city of Rancho Mirage by the state of California, including but not limited to the State Constitution; 65800 and subsequent sections of the California Government Code; the California Environmental Quality Act, Subdivision Map Act, and the Health and Safety Code.
B.
Implement General Plan Consistency. This title is the primary tool used by the city of Rancho Mirage to implement the goals, objectives, policies, and programs of the Rancho Mirage general plan. The Rancho Mirage city council intends that this title be consistent with the Rancho Mirage general plan, and that any land use, subdivision, or development approved in compliance with this title will also be consistent with the Rancho Mirage general plan. A proposed use is considered to be consistent with the general plan when the following conditions exist:
1.
The proposed use is compatible with the description of the land use element designation in which the use is located, as shown by the land use element map, and as described in the text of the general plan;
2.
The proposed use is in conformance with the goals, objectives, policies, plans, programs, maps, and guidelines and the intent of the Rancho Mirage general plan; and
3.
The proposed use is to be established and maintained in a manner which is consistent with all elements of the general plan and all applicable provisions contained therein.
(Ord. 777 § 1 (Exh. A, 2002))
§ 17.01.040 Relationship to California Environmental Quality Act.
All projects subject to the provisions of the California Environmental Quality Act (CEQA) shall be reviewed in compliance with the provisions of this title and State law (Public Resources Code 21000 et. seq., and Code of Regulations 15000 et. seq.).
(Ord. 777 § 1 (Exh. A, 2002))
§ 17.01.050 Applicability of the zoning ordinance.
This title applies to all land uses, structures, subdivisions, lot line adjustments, and development within the city of Rancho Mirage, as follows.
A.
New Land Uses or Structures, Changes to Land Uses or Structures. It shall be unlawful, and a violation of this title, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 17.04.020 (Requirements for Development and New Land Uses), and Chapter 17.70 (Nonconforming Uses, Structures, and Parcels).
B.
Issuance of Construction Permits. Building, grading, or other construction permits may be issued by the department only when the proposed land use and/or structure satisfy the requirements of subsection A above, and the director determines that the site was subdivided in compliance with Municipal Code Title 16 (Subdivisions).
C.
Subdivision of Land. Any subdivision of land proposed within the city of Rancho Mirage after the effective date of the ordinance codified in this title shall be consistent with the minimum parcel size requirements of Division II (Zoning Districts), the subdivision requirements of Municipal Code Title 16 (Subdivisions), and all other applicable requirements of this title.
D.
Continuation of an Existing Land Use. An existing land use is lawful and not in violation only when operated and maintained in compliance with all applicable provisions of this title. The requirements of this title are not retroactive in their effect on a land use that was lawfully established before the effective date of the ordinance codified in this title or any applicable amendment. A use that was legally established but does not fully comply with all of the requirements of this title may be maintained in compliance with Chapter 17.70 (Nonconforming Uses, Structures, and Parcels).
E.
Effect of Zoning Ordinance Changes on Projects in Progress. The requirements imposed through this title or amendments to those requirements are applicable to subsequent or pending applications, unless rights to develop in a manner inconsistent with those requirements have vested in compliance with state law.
F.
Other Requirements May Still Apply. Nothing in this title eliminates the need for obtaining any other approvals required by the city, or approvals required by other provisions of the Municipal Code or the regulations of a city department, or county, regional, state, or federal agency.
G.
Conflicting Approvals and Licenses to Be Void. From and after the effective date of the ordinance codified in this title, any approvals issued in conflict with the provisions of this title shall be void.
(Ord. 777 § 1 (Exh. A, 2002))
§ 17.01.060 Responsibility for administration.
This title shall be administered by the Rancho Mirage city council, planning commission, community development director, and the community development department, in compliance with Chapter 17.66 (Administrative Responsibility).
(Ord. 777 § 1 (Exh. A, 2002))
§ 17.01.070 Partial Invalidation of Zoning Ordinance.
If any title, article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this title is held to be invalid, unconstitutional or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of this title. The Rancho Mirage city council hereby declares that this title and each title, article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion would have been adopted irrespective of the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.
(Ord. 777 § (Exh. A, 2002))
§ 17.02.010 Purpose.
This chapter provides rules for resolving questions about the meaning or applicability of any part of this title. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this title and the general plan.
(Ord. 777 § 1 (Exh. A, 2002))
§ 17.02.020 Rules of interpretation.
A.
Language.
1.
Abbreviated Titles and Phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this title:
a.
The city of Rancho Mirage is referred to as the city.
b.
The city of Rancho Mirage zoning ordinance is referred to as this zoning ordinance.
c.
The Rancho Mirage general plan and zoning map is referred to as the zoning map.
d.
The community development director is referred to as director, the community development department is referred to as the department, the city council is referred to as the council, and the planning commission is referred to as the commission.
e.
Buildings and structures are referred to as structures.
2.
Terminology. When used in this title, the words shall, must, will, is to, and are to are always mandatory. Should is not mandatory but is strongly recommended; and may is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words include, 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 approval, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend or holiday.
4.
Minimum Requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums.
5.
State Law Requirements. Where this title references applicable provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.
B.
Authority. The director is assigned the responsibility and authority to interpret the requirements of this title. The directors determination may be appealed to the commission in compliance with Chapter 17.76 (Appeals).
C.
Zoning Map Boundaries. If there is uncertainty about the location of any land use designation or zoning district boundary shown on the zoning map, the following rules are to be used in resolving the uncertainty:
1.
Where the boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the boundaries;
2.
If a boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by using the scale appearing on the zoning map; or by referring to the zone change exhibit; and
3.
Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the land use designation or zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.
D.
Allowable Uses of Land. If a proposed use of land is not specifically listed in Division II (Zoning Districts), the use shall not be allowed, except as follows.
1.
Similar Uses Allowed. The director may determine that a proposed use that is not listed in Division II (Zoning Districts) is allowable if the proposed use is substantially the same in character and intensity as those listed in Division II. The use is subject to the approval process that governs the category in which it falls.
2.
Applicable Standards and Requirements. When the director determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what approvals are required and what other standards and requirements of this title apply.
3.
Commission Determination. The director may forward questions about similar uses directly to the commission for a determination.
E.
Conflicting Requirements.
1.
Zoning Ordinance and Municipal Code Provisions. If conflicts occur between requirements of this title, or between this title and other regulations of the city, the most restrictive shall apply.
2.
Development Agreements or Specific Plans. When conflicts occur between the requirements of this title and standards adopted as part of a development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.
3.
Private Agreements. This title applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of the agreement or restriction. The city shall not enforce private covenants or agreements, unless they contain provisions that are required as a condition of approval by the city. Only those provisions required as a condition of approval shall be subject to enforcement by the city.
(Ord. 777 § 1 (Exh. A, 2002))
§ 17.02.030 Procedures for interpretations.
Whenever the director determines that the meaning or applicability of the requirements of this title are subject to interpretation generally or as applied to a specific case, the director may issue an official interpretation. Interpretations may also be requested in compliance with this section.
A.
Request for Interpretation. A request shall be written, specifically state the provision(s) in question, and provide information to assist in their review.
B.
Record of Interpretations. Official interpretations shall be:
1.
In writing, and shall quote the provisions of this title being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and
2.
Distributed to the council, commission, city attorney, city clerk, and department staff.
Provisions of this title that are determined by the director to need refinement or revision should be corrected by amending this title as soon as is practical. Until amendments can occur, the director will maintain a record of official interpretations, available for public review, and indexed by the section number that is the subject of the interpretation. |
(Ord. 777 § 1 (Exh. A, 2002))
§ 17.04.010 Purpose.
This chapter describes the general requirements of this title for the approval of proposed development and new land use activities by the city. Land use requirements for specific land uses are established by Divisions II (Zoning Districts) and III (Development and Operational Standards). Land use and development approval and administrative provisions are established by Division IV (Review and Approval Procedures) and V (Administration).
(Ord. 777 § 1 (Exh. A), 2002)
§ 17.04.020 Requirements for development and new land use activities.
Use of land or structures shall not be allowed, altered, constructed, established, expanded, reconstructed, or replaced unless the use of land or structures complies with the following.
A.
Allowable Use. The land use shall be identified by Chapter 17.08 (Residential Zoning Districts), 17.10 (Commercial and Industrial Zoning Districts), 17.12 (Special Purpose Districts), or 17.14 (Overlay Zoning Districts), as being allowable in the zoning district applied to the site.
B.
Approval Requirements. Land use approvals required by this title shall be obtained before the proposed activity is constructed, otherwise established, or put into operation, unless the proposed activity is listed in Section 17.04.030 (Exemptions from land use approval requirements).
C.
Development Standards. Uses and/or structures shall comply with the applicable development standards of this title, including Division II (Zoning Districts), Division III (Development and Operational Standards), the general plan and other city standards and policies related to the use and development of land.
D.
Conditions of Approval. Uses and/or structures shall comply with all conditions imposed by the review authority.
E.
Development Agreements. Uses and/or structures shall comply with requirements referenced in an applicable development agreement approved by the city in compliance with Chapter 17.56 (Development Agreements) or by Riverside County before city incorporation, even if in conflict with this title.
F.
Other Development Policies. The city may adopt policies separate from this title that may effect the use and development of land. Applicable policies, standards, and procedures related to land development shall apply as deemed appropriate by the review authority.
(Ord. 777 § 1 (Exh. A), 2002; Ord. 1019 § 2, 2011)
§ 17.04.030 Exemptions from land use approval requirements.
The land use requirements of this title do not apply to the activities, uses of land and/or structures identified by this section.
A.
General Requirements for Exemption. The activities, uses of land and/or structures identified by subsection B are exempt from the land use requirements of this title only when:
1.
The activity or use is established and operated in compliance with applicable development standards of Divisions II (Zoning Districts) and III (Development and Operational Standards); and
B.
Exempt Activities and Uses. The following activities, uses of land and/or structures are exempt from the land use requirements of this title when in compliance with subsection A of this section.
1.
Decks, Paths, and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit and are not over twelve inches above finished grade.
2.
Fences and Walls Residential Zoning Districts. Fences and walls in the residential zoning districts are exempt from land use requirements as follows:
a.
Interior Lots. Fences and walls up to three feet in height when located within the required front yard, or up to six feet in height when located outside the required front yard; and
b.
Corner Lots. Fences and walls up to three feet in height within the required front yard, street side yard, and within a traffic safety visibility area. Fences and walls up to six feet in height when located outside the required front yard and traffic safety visibility areas, and at least five feet from the street side property line.
3.
Interior Remodeling. Interior alterations that do not decrease room sizes below the required minimum areas, increase the number of rooms or the gross floor area within the structure, or a change in the allowed use of the structure.
4.
Repairs and Maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if exterior repairs employ the same materials and design as the original.
5.
Small Residential Accessory Structures. Portable storage sheds and other small structures in residential zoning districts that are exempt from building permit requirements and are less than one hundred twenty square feet in gross floor area. These facilities shall comply with the side and rear setback requirements established by Division II (Zoning Districts) for the applicable zoning district, or Section 17.30.190 (Residential Accessory Uses and Structures), as applicable.
6.
Outdoor Play Equipment. Outdoor play equipment (e.g., swings, slides, climbing towers, bridges, and similar elements) less than eight feet in height and a footprint less than one hundred twenty square feet. These facilities shall comply with the side and rear setback requirements established by Division II (Zoning Districts) for the applicable zoning district, or Section 17.30.190 (Residential accessory uses and structures), as applicable.
7.
Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and fish ponds, etc., that do not exceed: one hundred twenty square feet in total area, including related equipment; contain more than two thousand gallons of water; and a height of eighteen inches above finished grade. These facilities shall comply with the side and rear setback requirements established by Division II (Zoning Districts) for the applicable zoning district, or Section 17.30.190 (Residential accessory uses and structures), as applicable.
8.
Utilities. The alteration, construction, erection, or maintenance by a public utility or public agency of underground or overhead utilities (e.g., electric, gas, hydrants, supply or disposal systems, including cables, conduits, drains, fire-alarm boxes, mains, pipes, police call boxes, sewers, telecommunication, traffic signals, water, wires, etc.), but not including structures, shall be allowed in any zoning district. Satellite and cellular telephone antennas are subject to Chapter 17.32 (Wireless Communication Facilities).
9.
Walls, Retaining Walls. Walls less than thirty inches in height located in compliance with subsection (B)(2), and retaining walls (retaining earth only) that result in grade changes of eighteen inches or less and are not required to have a building permit.
(Ord. 777 § 1 (Exh. A), 2002; Ord. 1019 § 2, 2011)
§ 17.04.040 Temporary uses.
Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Chapter 17.46 (Temporary Use Permits).
(Ord. 777 § 1 (Exh. A), 2002)
§ 17.04.050 Additional approvals may be required.
A.
Other Approvals Required. An allowed land use that is exempt from a land use approval, or has been granted a land use approval, may still be required to obtain other approvals before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain any approvals required by:
B.
Obtained Before Starting Work. All necessary approvals shall be obtained before starting work or establishing a new use.
(Ord. 777 § 1 (Exh. A), 2002)