04 - COUNTY LAND USE*
Sections:
This chapter shall be known as, and may be cited as, the "Riverside County Land Use Ordinance."
(Ord. 348.4573 § 1.1, 2008)
Pursuant to Section 65100 et seq. of the Government Code, the planning agency for Riverside County shall consist of the county board of supervisors, the county planning commission and the planning department. The planning agency shall perform all functions required by state law and this chapter.
(Ord. 348.4573 § 1.2, 2008)
The board of supervisors shall consist of five members elected in the manner provided by law. The board shall perform the duties and functions specified by state law and this chapter including, but not limited to, the duties related to legislative matters and the duties related to the appeal of quasi-judicial matters. The board shall also perform those planning and zoning duties and functions which are not expressly delegated or reserved to another body or officer.
(Ord. 348.4573 § 1.3, 2008)
A.
The county planning commission shall consist of five members. Each member of the board of supervisors shall recommend that a resident of his or her district be appointed to the commission; provided, however, the appointments to the commission shall require the affirmative vote of not less than a majority of the entire membership of the board.
B.
Members of the commission shall be appointed for a four-year term. Notwithstanding the specified term of four years for a member of the commission, a member shall not remain eligible to remain on the commission should the member of the board of supervisors from the district which the commission member was appointed ceases to be a member of the board of supervisors or if a commission member moves his or her residence out of the district from which he or she was appointed, and in either such situation membership shall automatically terminate upon the appointment by the board of a new member to fill the remainder of the unexpired term. The term of two commissioners shall expire on June thirtieth of the same year and the term of three commissioners shall expire on June thirtieth, two years thereafter.
C.
The commission shall elect one member as chairman and one as vice-chairman, to hold office at the pleasure of the members. Three members shall be a quorum and three affirmative votes shall be required to carry a motion. The commission shall hold at least one regular meeting per month.
D.
The commission shall perform those planning and zoning duties specified by state law or ordinance, including, but not limited to, the duties related to legislative matters and the duties related to quasi-judicial matters and appeals thereof.
E.
Members of the county planning commission shall receive such compensation as may be fixed by or pursuant to the salary ordinance. Commission members shall also receive travel expenses for attending commission meetings, and other authorized travel, as may be fixed by or pursuant to the salary ordinance.
(Ord. 348.4573 § 1.4, 2008)
The planning department shall be headed by a planning director who shall be appointed by the director of the transportation and land management agency to hold office at his or her pleasure, and shall include a staff of employees under his or her direction as provided by or pursuant to the salary ordinance. The planning department shall provide technical and clerical assistance to the county planning commission and shall perform functions related to planning, zoning and land divisions as may be required by state law, ordinance or order of the board of supervisors.
(Ord. 348.4573 § 1.5, 2008)
A.
When a provision of this chapter requires notice of a public hearing to be given pursuant to this section, notice shall be published once in at least one newspaper of general circulation within the county at least ten (10) days prior to the hearing.
B.
The notice shall include the information specified in section 17.04.100 of this chapter.
C.
In addition to the notice required by this section, the planning director may direct that notice of the hearing be given in any other manner deemed necessary or desirable. The failure of any person or entity to be given such optional additional notice pursuant to this subsection, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the county.
D.
Whenever the county considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the county shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. Such notice shall be satisfied by providing mailed notice of hearing to at least one organization which works with the blind community, at least one organization which works with the aged community, and at least one organization which works with the disabled community.
(Ord. 348.4573 § 1.6, 2008)
A.
When a provision of this chapter requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:
1.
Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the county may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant;
2.
Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;
3.
Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the county may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (A)(1) is greater than one thousand (1,000), the county, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the county at least ten (10) days prior to the hearing;
4.
If the notice is mailed or delivered pursuant to subsection (A)(3), the notice shall also be published once in at least one newspaper of general circulation within the county at least ten (10) days prior to the hearing.
B.
The notice shall include the information specified in section 17.04.100 of this chapter.
C.
In addition to the notice required by this section, the planning director may direct that notice of the hearing be given in any other manner deemed necessary or desirable. The failure of any person or entity to be given such optional additional notice pursuant to this subsection, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the county.
D.
Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the county shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. Such notice shall be satisfied by providing mailed notice of hearing to at least one organization which works with the blind community, at least one organization which works with the aged community, and at least one organization which works with the disabled communities.
(Ord. 348.4573 § 1.7, 2008)
When a provision of this chapter requires notice of a public hearing to be given pursuant to section 17.04.060 or 17.04.070, the notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for notice with the planning director accompanied by the fees set forth in County Ordinance No. 671. Any such request for notice shall expire after one year unless renewed by the filing of a new request accompanied by the fees set forth in County Ordinance No. 671.
(Ord. 348.4573 § 1.8, 2008)
The failure of any person or entity to receive notice required to be given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of the county for which the notice was given. The failure of any person or entity to be given optional additional notice pursuant to either section 17.04.060(C) or section 17.04.070(C) of this chapter, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the county.
(Ord. 348.4573 § 1.9, 2008)
As used in this chapter, "notice of a public hearing" means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.
(Ord. 348.4573 § 1.10, 2008)
Any public hearing conducted under this chapter may be continued from time to time. No additional notice of public hearing shall be required for a continued public hearing.
(Ord. 348.4573 § 1.11, 2008)
A.
Reasonable accommodation. This section provides a procedure to request reasonable accommodations in land use and zoning regulations for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
1.
A request for reasonable accommodation may be made by any person with a disability as defined by the Federal Fair Housing Act and the California Fair Employment and Housing Act, their representative, or developer of housing for individuals with disabilities when the application of a requirement of this ordinance acts as a barrier to fair housing opportunities.
2.
A request for reasonable accommodation shall be submitted on an application form provided by the planning department.
3.
A request for reasonable accommodation may include a modification or exception to the requirements or standards for the sitting, development and use of housing or housing related facilities that would eliminate a regulatory barrier and provide a person with a disability equal opportunity to housing of their choice.
4.
A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.
5.
A reasonable accommodation does not affect an individual's obligation to comply with other applicable regulations not at issue in the requested accommodation.
6.
The planning director, with consultation with the Office of County Counsel, shall review a reasonable accommodation request within forty-five (45) days of the request being deemed complete and approve, conditionally approve or deny the request based on the following:
a.
Whether the housing in the request will be used by an individual considered disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act;
b.
Whether the request for reasonable accommodations is necessary to make specific housing available to an individual considered disabled;
c.
Whether the request would impose an undue financial or administrative burden on the county;
d.
Whether the request would require a fundamental alteration in the nature of a county program or law; including but not limited to land use and zoning;
e.
Potential impact on surrounding uses;
f.
Physical attributes of the property and structures; and
g.
Other reasonable accommodations that may provide an equivalent level of benefit.
7.
The planning director shall provide a copy of an approved reasonable accommodation request to the department of building and safety department and the code enforcement department.
B.
Notice of determination. The planning director's determination shall be mailed to the applicant and to any person who has made a written request for a copy of the determination. The planning director's determination is final unless the determination is appealed pursuant to subsection (C) set forth below.
C.
Appeal.
1.
Within ten (10) calendar days of the date of the planning director's determination, an applicant may appeal the determination.
2.
Appeals shall be made in writing on the form provided by the planning department along with the required filing fee. The written appeal shall include a statement of facts supporting the appeal.
3.
Upon timely receipt of an appeal, a hearing shall be set for a date not less than ten (10) calendar days, but not more than thirty (30) calendar days from the date the appeal was received. Written notice of the hearing shall be sent to the planning director and applicant appealing the planning director's determination.
4.
The county hearing officer appointed by the board of supervisors pursuant to Ordinance No. 643 shall preside over the hearing.
5.
At the hearing, the county hearing officer shall receive testimony and evidence from the planning director, the applicant, or their representatives, and any other concerned persons who may desire to speak at the hearing. The county hearing officer shall not be limited to the technical rules of evidence and may continue the hearing from time to time.
6.
Within thirty (30) calendar days of concluding the hearing, the county hearing officer shall make his decision and provide it in writing to the applicant, planning director, code enforcement department and the building and safety department.
7.
The decision of the county hearing officer shall be final.
(Ord. No. 348.4835, § 2, 6-21-2016)
In the event there is an inconsistency between the tables contained in this ordinance and the text of this ordinance, the ordinance text controls and shall be applied to land use permit applications.
(Ord. No. 348.4898, § 5, 10-23-2018)
For the purpose of this ordinance, certain words and terms used herein are herewith defined:
When not inconsistent with the context, words used in the present tense include the future tense; words in the singular number include the plural number and words in the plural number include the singular number. The masculine gender includes the feminine and neuter gender. The word "shall" is always mandatory and not merely directory. The word "may" is permissive.
"Accessory building." A subordinate building on the same lot or building site, the use of which is incidental to that of the principal building. A mobilehome shall constitute a principal building where installed as provided in section 17.260.030 or section 17.260.040 of this ordinance. A second unit, as defined by state law and this ordinance, shall not constitute an accessory building. (Ord. 348.2358, 07-31-1984; Ord. 348.4179, 04-13-2004; Ord. 348.4481, 03-27-2008)
"Accessory use." A use customarily incidental and accessory to the principal use of a lot or a building located upon the same lot or building site. The provisions of this section do not apply in the A-1, A-P, A-2 and A-D Zones. (Ord. 348.2358, 07-31-1984)
"Agricultural crop." Any cultivated crop grown and harvested for commercial purposes, except cannabis and other controlled substances, which are defined and classified separately.
"Agricultural cultivation." The act of preparing the soil for the raising of agricultural crops.
"Agricultural zone." Zones A-1, A-P, A-2, A-D, C/V, WC-W, WC-WE, WC-E.
"Alcoholic beverage." Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Alcoholic beverage" does not include "powdered alcohol," as defined in Section 23003.1 of California Business and Professions Code.
"A-License." A state license issued for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician's recommendation.
"Alley." A public or private thoroughfare or way, permanently reserved and having a width of not more than twenty (20) feet, which affords only a secondary means of access to abutting property.
"Alternate access." A public road or driveway constructed pursuant to appropriate county standards with no restrictions. Ord. 348.3032, 06-06-89)
"Apartment." A room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one-family.
"Apartment house." A building or portion thereof designed for or occupied by two or more families living independently of each other.
"Assembly area, net." The area of a structure which does not include foyers, corridors, restrooms, kitchens, storage and other areas not used for the assembly of people. (Ord. 348.3773, 07-04-96)
"Auction." The sale of new and used merchandise offered to bidders by an auctioneer for money or other consideration.
"Automatic control timer." A mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application. (Ord. 348.3446, 07-21-92)
"Automobile storage space." A permanently maintained space on the same lot or building site as the use it is designed to serve, having an area of not less than one hundred sixty (160) square feet with a minimum width of eight feet for each stall and so located and arranged as to permit the storage of, and be readily accessible to, a passenger automobile under its own power.
"Automobile wrecking." The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, outside of an enclosed building, but not including the incidental storage of vehicles in connection with the operation of a repair garage, providing the repair period of any one vehicle does not exceed sixty (60) days, and not including the active noncommercial repair of one personal motor vehicle within a one hundred twenty-day period.
"Basement." A story partly underground and having at least one-half its height measured from its floor to its finished ceiling, below the average adjoining grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five feet.
"Board of supervisors." The Board of Supervisors of the County of Riverside.
"Boarding, rooming or lodging house." A residence or dwelling unit, or part thereof, where a room or rooms are rented under two or more separate written or oral rental agreements, leases, subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence, on a monthly or greater basis. A boarding, rooming or lodging house does not include sober living homes or residential facilities, residential care facilities, residential care facilities for the elderly and alcohol or drug abuse treatment facilities serving six or fewer persons.
"Building." A structure having a roof supported by columns or walls. (See "structure".)
"Building height." The vertical distance measured from the average level of the highest and lowest points of that portion of the lot covered by the building to the uppermost portion of the building.
"Building site." The ground area of a building or buildings together with all open spaces adjacent thereto, as required by this ordinance.
"Bungalow court." Two or more dwelling units detached or connected.
"Building setback line." The distance between the proposed building line and the highway line or permanent access easement located on the same lot.
"Building, main." A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building on the lot on which the same is situated.
"Cannabis." All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or already harvested, including the seeds thereof. "Cannabis" also means cannabis as defined by Business and Professions Code Section 26001 and Health and Safety Code Section 11018. "Cannabis" does not mean "industrial hemp" as defined by Food and Agricultural Code Section 81100 or Health and Safety Code Section 11018.5. For the purpose of this section, cannabis is not a crop.
"Cannabis, adult-use." Cannabis and any cannabis product intended to be sold for use by adults 21 years or older pursuant to state law.
"Cannabis cultivation." Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Cannabis cultivation area." The area on a lot where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed or that does all or any combination of these activities.
"Cannabis delivery." The commercial transfer of cannabis or cannabis products from a cannabis retailer or cannabis microbusiness engaged as a cannabis retailer with an approved conditional use permit and Type 9 State license, up to an amount allowed by the State of California Department of Cannabis Control, to a primary caregiver, qualified patient, or customer at a physical address in California in compliance with all state laws and regulations.
"Cannabis distribution." The procurement, sale, and transport of cannabis and cannabis products between commercial cannabis activity licensees.
"Cannabis distribution facilities." A facility engaged in the storage of cannabis or cannabis products, for later distribution to permitted and licensed cannabis manufacturing facilities, cannabis testing facilities, or cannabis retailers.
"Cannabis manufacturing." The compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product and includes any processing, preparing, holding, or storing of components and ingredients.
"Cannabis manufacturing facility." A facility requiring a state manufacturing license, that processes, produces, prepares, propagates, holds, stores, packages, labels or compounds cannabis or cannabis products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using non-volatile or volatile organic compounds, as applicable to the state license, at a fixed location, that packages or repackages cannabis or cannabis products, or labels or relabels its containers.
"Cannabis, medicinal." Cannabis or cannabis product intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a patient in California who possesses a physician's recommendation for cannabis for medical purposes, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
"Cannabis microbusiness facility." A facility that is engaged in at least three of the following commercial cannabis activities: Indoor cannabis cultivation less than ten thousand (10,000) square feet, cannabis manufacturing (with non-volatile compounds), cannabis distribution, or cannabis retailer.
"Cannabis owner." A cannabis owner is any of the following:
1.
A person with an aggregate ownership interest of twenty (20) percent or more in the commercial cannabis activity for which a license or permit is being sought, unless the interest is solely a security, lien, or encumbrance.
2.
The chief executive officer of a nonprofit or other entity.
3.
A member of the board of directors of a nonprofit.
4.
An individual who will be participating in the direction, control, or management of the person applying for commercial cannabis activity permit or license.
"Cannabis package." Any container or receptacle used for holding cannabis or cannabis products.
"Cannabis plant, mature." A cannabis plant that is flowering, as defined by state law.
"Cannabis product, edible." Manufactured cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
"Cannabis products." Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
"Cannabis retailer." A facility where cannabis, cannabis products, or devices specifically for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale and/or cannabis delivery.
"Cannabis testing facility." A laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.
"Cannabis transport." The transfer of cannabis or cannabis products from the permitted commercial cannabis activity location of one licensee to the permitted commercial cannabis activity location of another licensee, for the purposes of conducting commercial cannabis activities authorized pursuant to the California Business & Professions Code Sections 19300, et seq. and 26000.
"Cannabis wholesale nursery." A site that produces only clones, immature plants, seeds, or other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. Cultivation as a cannabis wholesale nursery may be considered outdoor, indoor or mixed-light cultivation.
"Canopy." For purposes of chapter 17.302 only, the designated area or areas at a licensed premises that will contain mature cannabis plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all areas that will contain mature cannabis plants at any point in time, including all of the spaces within the boundaries.
"Car pool." Two or more people traveling together on a continuing and prearranged basis in a motor vehicle over routes tailored to accommodate rider needs.
"Camps." Any parcel or parcels of land used wholly or in part for recreational, educational, or religious purposes, accommodating five or more children or adults, that is operated as a day camp and/or a resident camp. (Ord. 348.2533, 11-12-85; Ord. 348.3053, 09-05-89)
"Cattery." Any building, structure, enclosure or premises whereupon, or within which ten (10) or more cats, four months of age or older, are kept or maintained.
a.
Class I cattery. Any building, structure, enclosure or premises whereupon, or within which, ten (10) to twenty-five (25) cats, four months of age or older, are kept or maintained.
b.
Class II cattery. Any building, structure, enclosure or premises whereupon, or within which, twenty-six (26) or more cats, four months of age or older, are kept or maintained.
"Certified recycling facility." A facility approved by the State of California to collect and redeem recyclable materials for a value not less than that which has been established by the state. (Ord. 348.3-47, 07-11-89)
"Clinic." A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room, nor kept overnight on the premises.
"Club." A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
"Commercial cannabis activity." The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in this division.
"Commercial poultry operation." The raising for profit of chickens, turkeys, ducks, geese or other fowls, but not including flocks of less than two hundred (200) birds, pigeons or smaller fowls, pets or hatcheries.
"Commercial retail corridor." Those corridor areas in the unincorporated area of Riverside County located within one-half mile from a designated freeway, including Interstate 10, Interstate 15, Interstate 215, State Route 91, and State Route 60.
"Unduly concentrated corridor." A commercial retail corridor where the number of approved conditional use permits for cannabis retailers within that commercial retail corridor has reached a limit of one for each two thousand (2,000) inhabitants of the census tract in which the cannabis retailers are located.
"Commission." The Riverside County Planning Commission.
"Convenience zone." A geographical area designated by the State of California Department of Conservation which comprises a one-half mile radius around an established supermarket or grocery store with gross annual sales of $2,000,000.00 or more in underserved areas with no supermarket. (Ord. 348.3047, 07-11-89)
"Compensation." The word "compensation" means anything of value.
"Cool season turf grass." Turf grass which withstands winter cold and grows best during the cooler months of the year. Most types languish in hot, dry summers and are best adapted to cool regions or regions where marine influence tempers summer heat. Examples are bluegrasses, bents, fescues and ryegrasses. (Ord. 348.3446, 07-21-92)
"Cottage commercial." A dwelling wherein limited commercial uses are allowed provided that the commercial use is conducted entirely within the dwelling, that the use is secondary to the principal use of the dwelling as a residence, that the commercial use does not require substantial parking and circulation facilities, that the residential character of the exterior and interior of the dwelling is not changed, and that the combination of residential and commercial uses in one dwelling does not violate state and county sanitation requirements. The cottage commercial use must be compatible with the established neighborhood, and must be subject to plot plan or conditional use permit approval. No more than two persons may be employed on the premises in addition to the family residing in the dwelling. (Ord. 348.2535, 12-26-85; Ord. 348.2643, 12-16-86)
"Cottage food operation." A cottage food operation means an enterprise where an individual prepares or packages nonpotentially hazardous foods in his or her private home for sale to consumers and as it is defined in California Health and Safety Code Section 113758. The definitions set forth in Health and Safety Code Section 113758 are hereby incorporated herein by reference, as they are now enacted or hereafter amended. A private home as referenced in Section 113758 therein shall refer to and mean, as it applies to Ordinance No. 348, any lawfully constructed one-family, multiple family, factory built or manufactured dwelling units that are occupied and used by an individual(s) as a principal residence.
"County." The County of Riverside.
"Crop coefficiency." Is a correction factor, expressed as a decimal fraction, comparing the water consumption by a given plant species to the reference evapotranspiration or ETo. Reference evapotranspiration means a standard of measurement of environmental parameters which affect the water use of plants. Reference evapotranspiration is given in inches per day, month or year and is an estimate of the evapotranspiration of a large field of four-to-seven inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum water allowances so that regional differences in climate can be accommodated. (Ord. 348.3446, 07-21-92)
"Crowing fowl." As used in this Ordinance, "crowing fowl" includes chickens, peafowl and guinea fowl. (Ord. 348.3954, 09-15-00)
"Dairy farm." A parcel or contiguous parcels of land used primarily to maintain cattle for the production of milk, including a building or buildings for milking, processing of milk produced on the premises, retail or wholesale sales and deliveries of such milk, and other buildings and structures incidental to the operation.
"Day care center." A facility of any capacity that provides nonmedical care to persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the proection of the individual on less than a twenty-four-hour basis, and which is either:
A.
Child day care center. A day care center which provides day care to children under eighteen (18) years of age, other than a family day care home. Child day care center includes infant centers, preschools, extended day care facilities, and school age child care centers.
B.
Adult day care center. A day care center which provides day care to persons 18 years of age or older.
(Ord. 348.3420, 05-05-92; Ord. 348.4596, § 32, 2-10-2009)
"Delivery." For purposes of chapter 17.302 only, the commercial transfer of cannabis or cannabis products to a customer.
"Development agreement." A development agreement with a person having a legal or equitable interest in real property for the development of such property pursuant to Government Code Section 65864 et seq., as now adopted or hereafter amended.
"Disposal service operations." Areas for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish not including storage or dumping of garbage or rubbish. (Ord. 348.2669, 04-04-87)
"Draying, freighting and trucking operations." Business whose sole purpose is to move goods by truck as opposed to businesses which produce, store and then distribute goods such as manufacturers with warehouses and distribution centers. (See "warehousing and distribution".) (Ord. 348.3857, 05-06-99)
"Dune buggy park." An open area used by dune buggies or other all-terrain vehicles, for purposes such as, but not limited to hill climbing, trail riding, scrambling, racing and riding exhibitions.
"Dwelling." A building or portion thereof designed for or occupied exclusively for residential purposes including one-family and multiple dwellings but not including hotels, auto courts, boarding or lodging houses.
"Dwelling, bed and breakfast." A one-family dwelling where lodging and breakfast is provided for compensation and in which there are no more than five guest rooms. The use must be managed and operated solely by the owner of the property. Meals are not restricted to breakfast only, but no cooking facilities shall be allowed in the guest rooms. A guest may not stay in the dwelling for more than 14 days in any calendar year. (Ord. 348.2535, 11-26-85)
"Dwelling units." A building or portion thereof used by one-family and containing but one kitchen.
"Dwelling unit, factory built." A factory built dwelling unit means a dwelling unit constructed in accordance with the Uniform Building Code and manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction of the part. A factory built dwelling unit does not include a mobilehome, a mobile accessory building or structure, a recreational vehicle or a commercial coach. (Ord. 348.224, 01-05-84)
"Dwelling unit, manufactured." A manufactured dwelling unit means a residential structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. A manufactured dwelling unit does not include a factory built dwelling unit, a mobile accessory building or structure, a recreational vehicle or a commercial coach. (Ord. 348.2244, 01-05-84)
"Dwelling, one-family." A building or structure, including a mobilehome or manufactured home, containing one kitchen and used to house not more than one-family, including domestic employees. (Ord. 348.2140, 11-26-82)
"Dwelling, multiple family." A building or portion thereof used to house two or more families, including domestic employees or each such family, living independently of each other, and doing their own cooking.
"Dwelling, resort." A building used exclusively for residential purposes, containing not more than two kitchens, with permanent interior means of access between all parts of the building, and located on a lot in a recorded subdivision with an average lot area of ten thousand (10,000) square feet or more. No such dwelling shall be erected unless as a part of the purchase price of the property the purchaser receives the privilege of use of recreational facilities such as golf courses, or polo fields, which facilities are adjacent to and a part of the residential development. No reduction of yard setbacks shall be permitted despite any other provisions of this ordinance.
"Educational institutions." Public and private schools, whether nonprofit or operated for profit, providing instruction to either minors or adults including kindergartens, elementary schools, junior high schools, senior high schools, junior colleges, colleges, universities, professional schools and vocational schools. Day care centers and family day care homes shall not constitute educational institutions.
"Emergency access." A private drive or roadway constructed according to Section 17.188.040 of this ordinance, providing access to one or more buildings. The access may be gated and locked at one or both ends restricting traffic to emergency vehicles only. (Ord. 348.3032, 06-06-89)
"Emergency shelter." Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person and where no individual or household may be denied emergency shelter because of an inability to pay.
"Employee housing." As defined in Health and Safety Code Section 17008, housing accommodations provided by an employer for five or more employees that are maintained or connected with any work or place where work is performed. Employee housing also includes housing accommodations or property located in a rural area, as defined by Health and Safety Code Section 50101, provided by someone other than agricultural employer for five or more agricultural employees that are not maintained or connected with work or workplace. Housing accommodations may consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance of way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other accommodations maintained in one or more buildings or one or more sites.
"Erected." The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations on the land, required for a building.
"Evapotranspiration." The quantity of water evaporated from adjacent soil surfaces, transpired by plants, and retained in plant tissue during a specific time. (Ord. 348.3446, 07-21-92)
"Family." One or more persons living together as a single housekeeping unit in a single dwelling unit.
"Farm." A parcel of land devoted to agricultural uses where the principal use is the propagation, care, and maintenance of viable plant and animal products for commercial purposes.
"Family day care home." A home which regularly provides care, protection, and supervision of fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and includes the following:
a.
Large family day care home - A home that provides family day care to seven to fourteen (14) or fewer children, including children under the age of ten (10) years who reside at the home.
b.
Small family day care home - A home that provides family day care to eight or fewer children, including children under the age of ten (10) years who reside at the home.
(Ord. 348.3420, 05-05-92; Ord. 348.3955, 09-29-00; Ord. 348.4596, § 33, 2-10-2009)
"Fast track project." A development project designated as a fast track project by majority vote of the board of supervisors or by the assistant county executive officer/economic development agency (the EDA director) in accordance with the provisions of Board of Supervisors Policy A-32, as now adopted or hereafter amended. A fast track project may consist of one or more permits or approvals pursuant to this ordinance, County Ordinance No. 460, and Ordinance No. 555 which are necessary or convenient to facilitate development of the project. The permits or approvals which comprise the fast track project may include one or more of each of the following:
a.
General plan amendment pursuant to Article 2 of this ordinance.
b.
Specific plan or specific plan amendment pursuant to Article 2 of this ordinance.
c.
Determination of project conformance with an adopted specific plan pursuant to section 17.08.110 of this ordinance.
d.
Zone change or other zoning ordinance amendment pursuant to Chapter 17.280 of this ordinance.
e.
Conditional use permit, including a conditional use permit for a solar power plant, pursuant to section 17.200.050 of this ordinance.
f.
Public use permit pursuant to section 17.208.050 of this ordinance.
g.
Variance pursuant to section 17.196.010 of this ordinance.
h.
Plot plan pursuant to section 17.216.020 of this ordinance.
i.
Modification to an approved permit, including a substantial conformance modification or a revised permit, pursuant to section 17.228.030 of this ordinance.
j.
Tentative land division including a vesting tentative map, pursuant to County Ordinance No. 460.
k.
Development agreement pursuant to section 17.191.110 of this ordinance and Board of Supervisors Resolution No. 2012-047 (Establishing Procedures and Requirements for the Consideration of Development Agreements), as now adopted or hereafter amended.
l.
Surface Mining Permit or Reclamation Plan pursuant to County Ordinance No. 555.
m.
Modification to an approved Surface Mining Permit or Reclamation Plan, including a substantial conformance modification or a revised permit or plan, pursuant to Section 13 of Ordinance No. 555.
n.
Commercial Wind Energy Conversion System Permit (Commercial WECS Permit) and Accessory Wind Energy Conversion System Permit (Accessory WECS Permit) pursuant to Chapter 17.224 and chapter 17.224, article 2 of this title.
o.
Modification to an approved Commercial WECS Permit or Accessory WECS Permit, including a substantial conformance modification or a revised permit, pursuant to section 17.224.130 of this ordinance.
"Future Farmers of America and 4-H project." Not more than five cattle, horses, sheep, llamas, ostriches, emus and like animals on parcels not less than one acre (net) in area being raised in connection with the education of a person as a member of Future Farmers of America (FFA) or 4-H. This does not include crowing fowl (see section 18.28b.). (Ord. 348.4150, 03-01-04)
"Garage, private." An accessory building or a main building or portion thereof, used for the shelter or storage of self-propelled vehicles, owned or operated by the occupants of a main building and wherein there is no service or storage for compensation.
"Guest quarter" is defined in chapter 17.294 of this title.
"Home occupations." Home occupations means those uses that are customarily conducted in a residence, provided such uses must be incidental and secondary to the principal use of a dwelling as a residence. The following criteria shall apply to any home occupation:
a.
Except for large family day care homes which may require two assistants and small family day care homes which may require one assistant to be present in addition to the licensee or provider, no person other than a resident of the dwelling shall be employed on the premises in the conduct of a home occupation.
b.
A home occupation shall be conducted entirely within the dwelling and shall be incidental and secondary to the use of the dwelling as a residence.
c.
A home occupation shall not be conducted in an accessory structure and there shall be no storage of equipment or supplies in an accessory structure or outside building.
d.
The residential character of the exterior and interior of the dwelling shall not be changed.
e.
No vehicles or trailers except those normally incidental to residential use shall be kept on the site.
f.
No signs other than one unlighted identification sign, not more than two square feet in area, shall be erected on the premises.
"Hoop structure." A plastic or fabric covered structure with open ends and no other framing, which is not more than twelve (12) feet in height and does not have vertical sides exceeding six feet in height. Hoop structures in residential zones shall not exceed one hundred twenty (120) cumulative square-feet of floor area. For the purposes of this article, and for the purposes of obtaining licenses, cannabis cultivation within hoop structures is considered mixed light cultivation.
"Hotel." A building designed for or occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guest rooms, and in which no provision is made for cooking in any individual room or suite; jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint, are specifically not included.
"Hotel, resort." A hotel, including all accessory buildings as defined in section 17.04.120 of this ordinance and having a building site or hotel grounds containing not less than fifty thousand (50,000) square feet. Such hotel may have accessory commercial uses operated primarily for the convenience of the guests thereof, provided there is no street entrance directly to such commercial uses, and further provided such commercial uses shall not occupy more than twenty (20) percent of the ground floor area of such hotel building.
"Indoor cannabis cultivation." The cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate of twenty-five (25) watts per square foot.
"Industrial hemp." An agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of the plant, including the seed of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. For purposes of this ordinance, industrial hemp is not considered a field crop.
"Industrial hemp activity." The cultivation, growing, seed breeding, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of industrial hemp and industrial hemp products.
"Industrial hemp cultivation." Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of industrial hemp for commercial purposes and industrial hemp seed breeders.
"Industrial hemp cultivation area." The area on a lot or in a building where Industrial Hemp is planted, grown, harvested, dried, cured, graded, or trimmed or that does all or any combination of these activities.
"Industrial hemp manufacturing." The compounding, blending, extracting, infusing, or otherwise making or preparing a hemp product.
"Industrial hemp manufacturing facility (non-volatile)." A facility that processes, produces, prepares, propagates, holds, stores, packages, labels or compounds hemp or hemp products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using non-volatile organic compounds, at a fixed location, that packages or repackages hemp or hemp products, or labels or relabels its containers. Hemp manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.
"Industrial hemp manufacturing facility (volatile)." A facility that processes, produces, prepares, propagates, holds, stores, packages, labels, or compounds hemp or hemp products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using volatile organic compounds, at a fixed location, that packages or repackages hemp or hemp products, or labels or relabels its containers. Hemp manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.
"Industrial hemp products." Hemp that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated hemp, or an edible or topical product containing hemp or concentrated hemp and other ingredient.
"Indoor industrial hemp cultivation." The cultivation of Industrial Hemp within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate of twenty-five (25) watts per square foot.
"Junk, wrecking, dismantling and salvage yards." The use of any lot or parcel of land for outside storage, wrecking, dismantling or salvage of any used or secondhand materials, including but not limited to lumber, auto parts, household appliances, pipe, drums, machinery or furniture. A proposed or intended use by the owner of the used or secondhand materials does not constitute an exception to this definition. (Ord. 348.4087, 03/25/03)
"Kennel." Any building, structure, enclosure or premises whereupon, or within which, five or more dogs, four months of age or older, are kept or maintained.
a.
Class I kennel. Any building, structure, enclosure, or premises whereupon, or within which, five to ten (10) dogs, four months of age or older, are kept or maintained. A class I kennel shall not include an animal rescue operation that meets the definition and requirements set forth in Ordinance No. 630.
b.
Class II kennel. Any building, structure, enclosure, or premises, whereupon, or within which, eleven (11) to twenty-five (25) dogs, four months of age or older, are kept or maintained.
c.
Class III kennel. Any building, structure, enclosure, or premises whereupon, or within which, twenty-six (26) to forty (40) dogs, four months of age or older, are kept or maintained.
d.
Class IV kennel. Any building, structure, enclosure, or premises whereupon, or within which, forty-one (41) or more dogs, four months of age or older, are kept or maintained.
e.
Sentry dog. Any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog".
f.
Sentry dog kennel. Any building structure, enclosure, or premises whereupon, or within which, five or more guard or sentry dogs are kept or maintained.
"Kitchen." Any room in a building or dwelling unit which is used for cooking or preparation of food.
"Labeling." Any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.
"Labor camp." Any building or group of buildings where five or more farm employees are housed. (Ord. 348.2162, 05-19-83)
"Lake, recreational." A confined body of standing fresh water containing more than five hundred thousand (500,000) gallons of water and covering more than one acre of surface area, not including reservoirs, duck clubs, bodies of water contained within golf courses, and water storage used only for agricultural or domestic purposes.
"Leasable floor area, net." This area includes sales areas and integral stock areas, but excludes corridors, enclosed malls, lobbies, stairwells, elevators, equipment rooms and restrooms. (Ord. 348.3773, 07-04-96)
"Live cannabis plants." Living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
"Lot."
(1)
A parcel of real property as shown as a delineated parcel of land with a separate and distinct number or other designation of a plot recorded in the Office of the County Recorder of Riverside County; or
(2)
A parcel of real property not so delineated and containing not less than 7,200 square feet and abutting on a street or alley and held under separate ownership from adjacent property prior to the effective date of this ordinance; or,
(3)
A parcel of real property not so delineated containing not less than seven thousand two hundred (7,200) square feet abutting on a street or alley, if the same was a portion of a larger piece of real property held under the same ownership prior to the effective date of this ordinance. A lot shall not come into existence solely because it is described as a parcel of real property securing, or in part securing, a promise to pay money or other thing of value whether its title is held by a trustee for such purpose or not.
"Lot area." The total horizontal area within the lot lines of a lot.
"Lot, corner." A lot located at the junction of two or more intersecting streets having an angle of intersection of not more than one hundred thirty-five (135) degrees, with a boundary line thereof bordering on two of the streets.
"Lot lines." The boundary lines of lots are: front lot line, the line dividing a lot from the street, or form a permanent access easement located on the same lot. On a corner lot only one street line shall be considered as a front lot line, and such front lot line shall be determined by the commission. Rear lot line: The line opposite the front lot line. Side lot lines: Any lot lines other than the front lot line or the rear lot line.
"Lot, reversed corner." A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which it rears.
"Lot, interior." A lot other than a corner lot.
"Lot, key." The first lot to the rear of a reversed corner lot and not separated by an alley.
"Lot, through." An interior lot having frontage of two parallel or approximately parallel streets.
"M-License." A state license issued for commercial cannabis activity involving medicinal cannabis.
"Marijuana." Cannabis.
"Marijuana cultivation." The planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, including from within a fully enclosed and secure building. Marijuana plant, as used herein, includes any mature or immature marijuana plant, or any marijuana seedling.
"Mass transit." Publicly provided transportation, usually either by bus or rail, to users at a fixed cost per ride. (Ord. 348.2533, 11-12-85)
"Mature cannabis plant." Mature cannabis plants as defined by the California Department of Food and Agriculture.
"Medical cannabis." Cannabis and any cannabis product intended to be used by medical cannabis patients pursuant to the Compassionate Use Act of 1996 (Proposition 215), pursuant to Health and Safety Code Section 11362.5. Medical cannabis does not include "industrial hemp" as defined by Food and Agricultural Code Section 81100 or Health and Safety Code Section 11018.5."
"Medical marijuana." Medical cannabis.
"Medical marijuana dispensary." Any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed to, or distributed by, one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card as those terms are defined in Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, provided that such uses comply with this ordinance and all other applicable laws, including, but not limited to, Health and Safety Code Section 11362.5 et seq.: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. (Ord. 348.4423, 11-02-06)
"Medium indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed twenty-two thousand (22,000) square feet.
"Medium mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed twenty-two thousand (22,000) square feet.
"Menagerie."
a.
Any lot or premises on which one or more wild animals of the following types are kept:
(1)
Venomous reptiles.
(2)
Non-venomous reptiles that weigh more than ten (10) pounds, not including turtles or tortoises.
(3)
Birds or members of the Aves class that weigh more than twenty (20) pounds, not including poultry.
(4)
Mammals that weigh more than twenty (20) pounds.
b.
Any lot or premises on which wild animals of the following types are kept, regardless of weight, unless such animals are listed in a zone classification as a permitted use:
(1)
Ten (10) or more non-venomous reptiles.
(2)
Twenty-five (25) or more mammals.
c.
A wild animal that has been tamed or trained shall be considered a wild animal.
d.
As used in this section, "wild animal" means any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Crustaccea (crayfish) or class Gastropoda (slugs, snails) which is not normally domesticated in this state as determined by the state fish and game commission.
(Ord. 348.4220, 12-02-04)
"Migrant agricultural worker mobilehome park." A mobilehome or travel trailer park for agricultural workers the rental of which is restricted as follows:
a.
Not less than eighty (80) percent of the trailer sites are restricted to rental by migrant agricultural workers for a period of time not to exceed nine months in any twelve-month period.
b.
The remainder of the sites are restricted to rental by permanent agricultural workers, and occupancy by the owner or operator of the trailer park.
"Migrant agricultural worker." Migrant agricultural worker is defined as an itinerant agricultural worker that travels from place to place for employment in the planting, growing and harvesting to seasonal crops.
"Mining operation." The term mining operation shall mean any process by which one or more substances which are classified geologically as minerals are extracted from the earth or stockpiled including the reworking of mineral dumps which have been artificially created by mining operations.
"Mixed light cannabis cultivation." The cultivation of mature cannabis plants in a greenhouse, hoop structure, glasshouse, conservatory, hothouse, or other similar structure using light deprivation or one of the artificial lighting models described below:
1.
Mixed-light Tier 1 - The use of artificial light at a rate of six watts per square foot or less.
2.
Mixed-light Tier 2 - The use of artificial light at a rate above six (6) and below or equal to twenty-five (25) watts per square foot.
"Mobile cannabis retailer." A motorized or non-motorized vehicle, cart, trailer, wagon, container or other similar personal property not located on a licensed premises, pursuant to state law, and from which cannabis, cannabis products, or devices specifically for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale and/or cannabis delivery.
"Mobilehome park" is any area of tract of land where one or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehome used for human habitation. The rental paid for any such mobilehome shall be deemed to include rental for the lot it occupies. Mobilehome park does not include lots containing ranchets pursuant to chapter 17.294 of this title.
Notwithstanding the foregoing definition, any person, not including a mobilehome park operator, who owns a mobilehome and owns, rents or leases the land upon which the mobilehome is located, is permitted to rent, lease, sublease, let our, or hire out for occupancy the mobilehome and the land upon which the mobilehome is located, without obtaining a permit to construct or operate a mobilehome park.
"Mobile recycling unit." A licensed vehicle used for the collection of recyclable materials. A mobile unit may also include trailers, bins, boxes, or other storage containers which are transported by vehicles; and does not occupy more than five parking spaces or five hundred (500) square feet of floor area. (Ord. 348.3047, 07-11-89)
"Mulch." A material such as leaves, bark or straw left loose and applied to the soils surface to prevent evaporation of water. (Ord. 348.3446, 07-21-92)
"Nonconforming structure." A structure which was legal when established but which, because of the adoption or amendment of this ordinance conflicts with the provisions of this ordinance applicable to the zone in which such structure is located.
"Nonconforming use." The use of a structure or land which was legal when established but which, because of the adoption or amendment of this ordinance, conflicts with the provisions of this ordinance applicable to the zone in which such use is located.
"Occupancy, change of." The term "change of occupancy" shall mean a discontinuance of an existing use and substitution thereof of a use of a different kind or class.
"Occupied." The word "occupied" includes: used, arranged, converted to, rented, leased, or intended to be occupied.
"Outdoor cannabis cultivation." The cultivation of mature cannabis plants without the use of artificial lighting in a canopy area at any point in time. The growing of only immature cannabis plants at a legally permitted cannabis wholesale nursery is not considered outdoor cannabis cultivation.
"Outdoor film studios." A facility utilizing on-site indoor and outdoor locations for the filming of motion pictures, television programs and music videos. Outdoor film studios may provide limited housing for temporary use during such filming operations. No permanent production facilities such as would be used for film processing or editing and sound recording or dubbing shall be allowed. (Ord. 348.3043, 07-20-89)
"Outside storage." The outside storage of material not defined as rubbish under Ordinance No. 541, including but not limited to: lumber, auto parts, appliances, pipe, drums, machinery, furniture, building materials, work tools, or other substance requiring reconditioning or rebuilding in order to be used for its original purpose shall be allowed provided it is authorized in the particular zone, located only on the rear half of an improved lot or parcel or seventy-five (75) feet from the front property line of the improved lot or parcel, whichever is less, not visible from the street or other public or private property and limited to an area as set forth in the particular zone not to exceed two hundred square feet with a maximum height of three feet. If a screening device is used, it must be consistent with Ordinance No. 348 Section 18.40 (R.C.C. Title 17.172.205). Items stored under a carport, awning or patio shall be considered outside storage. The storage of unpermitted commercial coaches, mobilehomes or manufactured homes is not allowed. A proposed or intended use by the owner does not constitute an exception to this definition. Items enclosed within a building in a lawful manner or allowed pursuant to a plot plan or conditional use permit may constitute an exception to this definition. (Ord. 348.4087, 02-24-04)
"Parking area." The area for the parking of a motor vehicle plus those additional areas required to provide site ingress and egress to and from said area. The area set aside to meet those provisions must be usable and shall have permanent access for off-street parking. (Ord. 348.3773, 07-04-96; Ord. 348.4087, 03-25-04
"Parolee." A person convicted of a federal crime and sentenced to a United States federal prison who has received conditional and revocable release in the community under the supervision of a federal parole officer; a person serving a period of supervised community custody as defined by Penal Code Section 3000, following a term of imprisonment in a state prison, who is under the supervision of the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations; or an adult or juvenile sentenced to a term in the California Department of Corrections and Rehabilitation, Division of Juvenile Facilities (formerly known as the "California Youth Authority") who has received conditional and revocable release in the community under the supervision of the California Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations.
"Parolee-probationer home." Any residential building, or portion thereof, owned or operated by any person which houses two or more parolee-probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given or paid by the parolee-probationers, or given or paid by any person on behalf of the parolee-probationers, excluding any residential facility, residential care facility, residential care facility for the elderly or alcohol or drug abuse treatment facility serving six or fewer persons. As used herein, the term parolee-probationers includes parolees, probationers, and/or persons released to post-release community supervision under the "Post-release Community Supervision Act of 2011" (Penal Code Section 3450 et seq.). In determining whether a residential facility, residential care facility, residential care facility for the elderly or alcohol or drug abuse treatment facility serving six or fewer persons, the licensee, members of the licensee's family and persons employed as facility staff shall not be counted.
"Pen fed beef cattle operations." Six or more beef cattle per acre being fed or fattened for marketing purposes whether the owner or operator performs the feeding service for himself or others. (Dairy herd replacements are not considered beef cattle).
"Person." The word "person" includes association, company, firm, corporation, partnership, copartnership or joint venture.
"Personal cannabis cultivation." The planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, done or performed by a person for personal, non-commercial purposes pursuant to Health and Safety Code Sections 11362.1 and 11362.2 under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Senate Bill 94 (2017).
"Physician's recommendation." A recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
"Place of public assembly." Any place designed for or used for congregation or gather of twenty (20) or more persons in one room where such gathering is of a public nature, assembly hall, church, auditorium, recreational hall, pavilion, place of amusement, dance hall, opera house, motion picture theater, outdoor theater or theater, are included within this term.
"Planned residential development." A residential development including, but not limited to, statutory and nonstatutory condominiums, cluster housing, townhouses, community apartment projects and mobilehome developments, that is permitted reduced lot area, width and depth requirements and building setback requirements by integrating into the overall development open space and outdoor recreational facilities, which may include recreational and public buildings intended primarily for the use of the residents of the project, within the development. (Ord. 348.2140, 11-23-82)
"Planned commercial development." Planned commercial development means a development that may be permitted to have reduced width, depth and building setback requirements, and have common access and common parking, provided a planned development land division is approved pursuant to the provisions of the Riverside County Land Division Ordinance.
"Planned industrial development." Planned industrial development means a development that may be permitted to have reduced lot area, width, depth and building setback requirements, and have common access and common parking, provided a planned development land division is approved pursuant to the provisions of the Riverside County Land Division Ordinance.
"Poultry." Domestic birds including turkeys, ducks, geese, pheasants and other fowl specialized for meat projects, egg laying or ornamental show, but not including 'crowing fowl' as defined in this ordinance. (Ord. 348.3954, 09-15-00; Ord. 348.3966, 12-21-00)
"Premises." For purposes of chapter 17.302 only, the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
"Primary caregiver." The individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, further defined in Section 11362.7 of the California Health and Safety Code.
"Private event." An event that is not open to the public, attendees must register in advance, and no walk-ins are allowed.
"Probationer." A person convicted of a felony who has received a suspension of the imposition or execution of a sentence and an order of conditional and revocable release in the community under the supervision of a probation officer.
"Property." A legal lot or parcel.
"Rain shut off device." Senses rainfall and automatically shuts off the irrigation system. (Ord. 348.3446, 07-21-92)
"Ranch, guest." Any property containing five acres or more operated as a ranch which offers guest rooms for rent and which has outdoor recreational facilities such as horseback riding, swimming or hiking.
"Rancho Community event." A primarily outdoor private event held at a permitted Rancho Community Event Facility for the community to gather for the common purpose of an anniversary, celebration, ceremony, wedding ceremony and/or reception, birthday, quinceañera, sweet-sixteen event, baby shower, holiday party, graduation, fundraiser for a charitable non-profit organization, or farm-to-table event.
"Rancho Community Event Facility." A facility that is permitted to hold Rancho Community Events within the Western Coachella Valley Area Plan and Eastern Coachella Valley Area Plan, as designated in the Riverside County Comprehensive General Plan.
"Recreational trailer." A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy. The term "dependent recreational vehicle" shall mean a recreational vehicle not equipped with a toilet for sewage disposal. The term "independent recreational vehicle" shall mean a recreational vehicle equipped with a toilet for sewage disposal. (Ord. 348.2986, 02-16-89)
"Recreational vehicle park." Any area or tract of land, or a separately designated section within a mobilehome park, where one or more spaces are rented or leased or held out for rent or lease to owners or users of recreational vehicles. A recreational vehicle park may have a membership organization that provides for the use of spaces within a park. The following types of parks may be permitted in Riverside County:
a.
Vacation recreational vehicle parks. A park which is designed for transient use, such as overnight or short-term occupancy. No occupancy shall exceed 30 consecutive days or one hundred twenty (120) days in one calendar year. Tent camping may be permitted in areas designed and designated for such usage. Generally, only limited services and amenities are provided.
b.
Extended occupancy parks. A recreational vehicle park which is designed for extended occupancy. No such occupancy shall exceed nine months in any one calendar year. Full urban services are available, and recreational amenities are required. Tent camping may be permitted in areas designed and designated for such usage. Recreational vehicles may be permitted to remain on-site during periods of non-occupancy.
c.
Permanent occupancy parks. A recreational vehicle park which is designed for permanent occupancy. There is no limit on the duration of occupancy. Full urban services and recreational amenities are provided.
(Ord. 348.2986, 02-16-89)
"Recyclable materials." Any reusable material which is acceptable for reprocessing and redemption including, but not limited to, glass, metal, paper, and plastic. Recyclable material does not include hazardous waste or other refuse.
"Recycling collection facility." A facility which accepts recyclable material by donation, redemption, or purchase; and which the use of power driven machinery is limited to that which is necessary for the temporary storage, efficient transfer, and securing of materials as set forth in section 17.244.030 C. of this ordinance.
"Recycling facility." A facility which is equipped to accept and/or process recyclable materials. Recycling facilities include, but are not limited to, the following facility types; reverse vending machines, collection facilities, and processing facilities. (Ord. 348.3047, 07-11-89)
"Recycling processing facility." A facility which collects and processes acceptable recyclable materials by donation, redemption, or purchase. Processing means the preparation or transformation of recyclable materials for efficient shipment to an end user by, but not limited to, such means as baling, compacting, crushing, shredding, and sorting. (Ord. 348.3047, 07-11-89)
"Reverse vending machine." An automated and mechanical recycling facility, not more than fifty (50) square feet in floor area, which accepts one or more types of beverage containers made typically of glass, metal, or plastic; and which issues, in return, a cash refund or redeemable credit receipt with a value not less than the redemption worth of the container as determined by the State of California.
"Sell/sale/to sell (cannabis)." Any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
"Sex oriented business." A business that requires a sex-oriented business permit pursuant to County Ordinance No. 743.
"Single housekeeping unit." Any household whose members are a group of persons jointly occupying a single dwelling unit, including the joint use and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores and expenses and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined solely by the residents of the unit rather than the landlord or property manager.
"Small indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed ten thousand (10,000) square feet.
"Small mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed ten thousand (10,000) square feet.
"Soil moisture sensing device." A device that measures the amount of water in the soil. (Ord. 348.3047, 07-11-89; Ord. 348.3446, 07-21-92)
This ordinance shall apply to any application for a land use permit not finally approved on or before the date this ordinance takes effect. (Ord. 348.3584, 03-01-94)
"Solar energy system." A system which is an accessory use to any residential, commercial, industrial, mining, agricultural or public use, used primarily (i.e. more than fifty (50) percent) to reduce onsite utility usage, and which is either of the following:
(a)
Any solar collector or other solar energy device the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating.
(b)
Any structural design feature of a building, the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating.
"Solar power plant." A facility used to generate electricity from solar energy where the power plant will be connected to the power grid and the electricity will be used primarily (i.e. more than fifty (50) percent) at locations other than the site of the solar power plant. Solar power plants include power plants using both solar thermal systems and photovoltaic systems to convert solar energy to electricity. Solar thermal systems concentrate heat to drive a turbine which is then used to create electricity from generators and include systems using solar troughs, solar dishes, and solar power towers. Photovoltaic systems use a technology such as solar cells which generates electricity directly from sunlight.
"Specialty cottage indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed five hundred (500) square feet.
"Specialty cottage mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed two thousand five hundred (2,500) square feet.
"Specialty indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed five thousand (5,000) square feet.
"Specialty mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed five thousand (5,000) square feet.
"Specific plan, highway." A plan adopted by the County of Riverside, pursuant to the authority contained in the California Planning and Zoning Law (Government Code, Section 65000 et seq.) establishing specifically planned future right-of-way lines for a highway. Upon the adoption of a specific plan for a highway, all requirements of this ordinance relating to highway right-of-way lines shall be calculated from the adopted planned future right-of-way line, except as shall be otherwise specifically permitted in this ordinance.
"Stable, commercial." A stable for horses which are let, hired, used or boarded on a commercial basis and for compensation.
"Story." The portion of a building included between the surface of any floor and the finished ceiling next above it or the finished under surface of the roof directly over that particular floor.
"Street." A public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, but not including an alley.
"Street line." The boundary line between a street and abutting property.
"Structural alterations." Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, girders, floor joists or roof joists.
"Structure." Anything constructed or erected and the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, such as awnings and patio covers, but not including walls and fences or wall and fences with arch entries.
"Supportive housing." As defined by Health and Safety Code Section 50675.14, as may be amended from time to time, housing with no limit on length of stay that is occupied by persons with disabilities, families who are homeless as defined by Title 42 of the United States Code or homeless youth as defined by Section 11139.3 of the California Government Code that is connected to onsite or offsite services related to obtaining housing, improving health, or obtaining work consistent with Government Code Section 65582(g) and Section 65582(h), as may be amended from time to time. Supportive housing is not a community care facility as defined by this ordinance.
"Swap meets." The use, rental, or lease of stalls or areas outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, or art exhibits.
"Trail bike park." An open area used by trail bikes, or motorcycles, for purposes such as but not limited to, hill climbing, trail riding, scrambling, racing and riding exhibitions.
"Transitional housing." As defined by Health and Safety Code Section 50675.2, as may be amended from time to time, rental housing provided to eligible recipients on an interim basis not less than six months.
"Use." The purpose for which land or a building is arranged, designed, or intended, or for which either is or may be occupied or maintained.
"Used." The word "used" includes occupied, arranged, designed for or intended to be used.
"Vanpool." Seven or more people traveling together on a continuing and prearranged basis in a motor vehicle designed for the transportation of persons over routes tailored to accommodate rider needs. (Ord. 348.2500, 08-22-85; Ord. 348.2533, 11-12-85)
"Warehousing and distribution." Businesses whose sole purpose is to store and then distribute goods for sale as opposed to businesses whose sole purpose is to move goods by truck. (See "draying, freighting and trucking operations".) (Ord. 348.3857, 05-06-99)
"Warm season turf grass." Turfgrass which begins growing in early spring and continues to grow vigorously throughout the summer and early fall. It may become brown and dormant in cool or cold winters. It's green color may be maintained throughout the year by overseeding during winter months. Examples are bermudas, zoysias, dichondra and kikuyu grasses. (Ord. 348.3446, 07-21-92)
"Wholesale nursery." An establishment engaged in the propagation of trees, shrubs and horticultural and ornamental plants grown under cover or outdoors for sale to the public. Includes commercial scale greenhouses and establishments for the sale of plant materials, lawn and garden supplies, and related items. A wholesale nursery does not include cannabis wholesale nurseries which are classified separately.
"Wind energy conversion system (WECS)." A machine that converts the kinetic energy of the wind into a usable form of electrical or mechanical energy. The WECS include all parts of the system except the tower and electrical transmission equipment.
a.
Accessory wind energy conversion system (accessory WECS). A WECS which has a rated output of twenty (20) kilowatts or less and is an accessory use to the principal use of a lot in that at least fifty (50) percent of the average annual power production is used on the lot.
b.
Commercial wind energy conversion system (commercial WECS). Any WECS which is not an accessory WECS as defined herein.
"Yard." An open and unoccupied space on a lot on which a building is situated and, except where otherwise provided in this ordinance, open and unobstructed from the ground to the sky.
"Yard, front." A yard extending across the full width of the lot between the side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by law or ordinance, or by formal action of the board of supervisors pursuant to law or ordinance, in which event the front lot line shall be deemed to be such different right-of-way line.
"Yard, rear." A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street it shall meet front yard requirements of the district.
"Yard, side." A yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building, or of any accessory building attached thereto.
"Youth center." Any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
(9-22-60; 9-04-62; Ord. 348.242, 12-18-63; Ord. 348.251, 01-15-64; Ord. 348.261, 3-10-64; Ord. 348.265, 04-15-64; Ord. 348.275, 05-06-64; Ord. 348.356, 03-30-65; Ord. 348. 371, 6-16-65; Ord. 348.391, 09-15-65; Ord. 348.401, 11-10-65; Ord. 348.414, 12-22-65; Ord. 348.422, 01-19-66; Ord. 348.427, 03-23-66; Ord. 348.446, 06-16-66; Ord. 348.455, 07-06-66; Ord. 348.459, 07-27-66; Ord. 348.506, 05-31-67; Ord. 348.507, 06-07-67; Ord. 348.517, 06-19-67; Ord. 348.518, 08-02-67; Ord. 348.528, 09-27-67; Ord. 348.531, 10-16-67; Ord. 348.532, 11-15-67; Ord. 348.533, 12-06-67; Ord. 348.545, 02-21-68; Ord. 348.556, 04-17-68; Ord. 348.609, 01-27-69; Ord. 348.612, 03-12-69; Ord. 348.628, 05-14-69; Ord. 348.600, 06-16-69; Ord. 348.635, 07-09-69; Ord. 348.638, 07-16-69; Ord. 348.636, 09-16-69; Ord. 348.709, 04-15-70; Ord. 348.718, 04-29-70; Ord. 348.737, 06-10-70; Ord. 348.753, 07-22-70; Ord. 348.773, 09-16-70; Ord. 348.777, 09-23-70; Ord. 348.783, 09-30-70; Ord. 348.859, 03-11-71; Ord. 348.861, 03-24-71; Ord. 348.884, 05-26-71; Ord. 348.905, 07-11-71; Ord. 348.910, 08-25-71; Ord. 348.920, 09-16-71; Ord. 348.941, 11-04-71; Ord. 348.953, 11-25-71; Ord. 348.952, 12-02-71; Ord. 348.1023, 05-04-72; Ord. 348.1125, 01-25-73; Ord. 348.1180, 06-21-73; Ord. 348.1173, 04-05-74; Ord. 348.1469, 10-02-75; Ord. 348.1468, 10-23-75; Ord. 348.1476, 11-13-75; Ord. 348.1481, 12-10-75; Ord. 348.1489, 01-13-76; Ord. 348.1497, 04-15-76; Ord. 348.1536, 11-11-76; Ord. 348.1540, 01-20-77; Ord. 348.1545, 02-03-77; Ord. 348.1564, 04-21-77; Ord. 348.1588, 09-08-77; Ord. 348.1626, 02-14-78; Ord. 348.1647, 05-30-78; Ord. 348.1654, 06-20-78; Ord. 348.1658, 06-27-78; Ord. 348.1664, 08-29-78; Ord. 348.1667, 09-19-78; Ord. 348.1668, 12-19-78; Ord. 348.1674, 01-18-79; Ord. 348.1688, 04-12-79; Ord. 348.1697, 07-05-79; Ord. 348.1717, 08-21-79; Ord. 348.1702, 09-20-79; Ord. 348.1729, 11-29-79; Ord. 348.1785, 05-08-80; Ord. 348.1855, 09-25-80; Ord. 348.2443, 01-29-85; Ord. 348.2444, 03-05-85; Ord. 348.2496, 07-16-85; Ord. 348.2510, 08-29-85; Ord. 348.2516, 10-17-85; Ord. 348.2533, 11-12-85; Ord. 348.2535, 11-26-85; Ord. 348.2540, 01-02-86; Ord. 348.2580, 06-05-86; Ord. 348.2592, 06-06-86; Ord. 348.2566, 06-06-86; Ord. 348.2591, 08-07-88; Ord. 348.2613, 08-14-86; Ord. 348.2623, 08-18-86; Ord. 348.2616, 08-28-86; Ord. 348.2452, 09-18-86; Ord. 348.2643, 12-16-86; Ord. 348.2543, 01-15-87; Ord. 348.2669, 02-03-87; Ord. 348.2670, 03-12-87; Ord. 348.2684, 06-04-87; Ord. 348.2686, 07-23-87; Ord. 348.2687, 07-23-87; Ord. 348.2848, 04-29-88; Ord. 348.2856, 06-30-88; Ord. 348.2957, 06-31-88; Ord. 348.2986, 02-16-89; Ord. 348.2992, 03-07-89; Ord. 348.3010, 03-14-89; Ord. 348.3023, 04-04-89; Ord. 348.3029, 04-24-89; Ord. 348.3018, 04-27-89; Ord. 348.3030, 04-27-89; Ord. 348.3032, 06-06-89; Ord. 348.2989, 06-20-89; Ord. 348.3047, 07-11-89; Ord. 348.3043, 07-20-89; Ord. 348.3078, 09-05-89; Ord. 348.3053, 09-05-89; Ord. 348.2937, 09-26-89; Ord. 348.3217, 11-13-90; Ord. 348.3305, 08-13-91; Ord. 348.3341, 08-13-91; Ord. 348.3380, 10-01-91; Ord. 348.3407, 12-17-91; Ord. 348.3420, 05-05-92; Ord. 348.3444, 06-23-92; Ord. 348.3446, 07-21-92; Ord. 348.3447, 10-06-92; Ord. 348.3489, 01-19-93; Ord. 348.3481, 03-30-93; Ord. 348.3503, 04-13-93; Ord. 348.3567, 10-05-93; Ord. 348.3584, 03-01-94; Ord. 348.3571, 05-03-94; Ord. 348.2342, 05-29-94; Ord. 348.3613, 10-18-94; Ord. 348.3629, 11-08-94; Ord. 348.2986, 02-16-89; Ord. 348.3677, 06-06-95; Ord. 348.3727, 09-08-95; Ord. 348.3752, 11-30-95; Ord. 348.3753, 11-30-95; Ord. 348.3770, 04-19-96; Ord. 348.3773, 07-04-96; Ord. 348.3775, 07-18-96; Ord. 348.3780, 11-29-96; Ord. 348.3781, 01-03-97; Ord. 348.3793, 06-27-97; Ord. 348.3795, 08-29-97; Ord. 348.2957, 10-23-97; Ord. 348.3811, 02-13-98; Ord. 348.3208, 03-03-98; Ord. 348.3828, 07-16-98; Ord. 348.3842, 10-15-98; Ord. 348.3804, 11-28-98; Ord. 348.3857, 02-12-99; Ord. 348.3867, 05-06-99; Ord. 348.3868, 05-06-99; Ord. 348.3877, 06-18-99; Ord. 348.3881, 07-23-99; Ord. 348.3883, 9-10-99; Ord. 348.3884, 9-24-99; Ord. 348.3888, 10-21-99; Ord. 348.3928, 04-14-00; Ord. 348.3954, 09-15-00; Ord. 348.3955, 09-29-00; Ord. 348.3961, 11-24-00; Ord. 348.3962, 11-26-00; Ord. 348.3964, 11-31-00; Ord. 348.3966, 12-21-00; Ord. 348.3986, 4-13-01; Ord. 348.3982, 4-20-01; Ord. 348.3990, 5-24-01)
(Ord. 348.4680, § 2, 5-4-2010; Ord. 348.4596, § 32, 2-10-2009; Ord. 348.4703, §§ 8—10, 10-19-2010; Ord. 348.4713, § 25, 11-9-2010; Ord. 348.4706, § 6, 3-22-201; Ord. 348.4705, § 21, 11-8-2011; Ord. 348.4734, § 2, 11-8-2011; Ord. No. 348.4741, §§ 2, 3, 4-10-2012; Ord. No. 348.4750, § 2, 10-2-2012; Ord. No. 348.4755, § 1, 4-2-2013; Ord. No. 348.4773, § 1, 7-1-2014; Ord. No. 348.4791, § 7, 12-2-2014; Ord. No. 348.4802, § 4, 5-19-2015; Ord. No. 348.4818, § 37, 12-15-2015; Ord. No. 348.4835, §§ 6—13, 6-21-2016; Ord. No. 348.4862, §§ 2—14, 8-29-2017; Ord. No. 348.4898, §§ 10—59, 10-23-2018; Ord. No. 348.4911, § 26, 27, 9-10-2019; Ord. No. 348.4926, §§ 13, 14, 8-25-2020; Ord. No. 348.4931, §§ 15—23, 11-10-2020; Ord. No. 348.4950, §§ 37—39, 3-2-2021; Ord. No. 348.4997, §§ 5—31, 3-28-2023; Ord. No. 348.5018, §§ 2—5, 6-25-2024; Ord. No. 348.5028, § 11, 3-11-2025)
04 - COUNTY LAND USE*
Sections:
This chapter shall be known as, and may be cited as, the "Riverside County Land Use Ordinance."
(Ord. 348.4573 § 1.1, 2008)
Pursuant to Section 65100 et seq. of the Government Code, the planning agency for Riverside County shall consist of the county board of supervisors, the county planning commission and the planning department. The planning agency shall perform all functions required by state law and this chapter.
(Ord. 348.4573 § 1.2, 2008)
The board of supervisors shall consist of five members elected in the manner provided by law. The board shall perform the duties and functions specified by state law and this chapter including, but not limited to, the duties related to legislative matters and the duties related to the appeal of quasi-judicial matters. The board shall also perform those planning and zoning duties and functions which are not expressly delegated or reserved to another body or officer.
(Ord. 348.4573 § 1.3, 2008)
A.
The county planning commission shall consist of five members. Each member of the board of supervisors shall recommend that a resident of his or her district be appointed to the commission; provided, however, the appointments to the commission shall require the affirmative vote of not less than a majority of the entire membership of the board.
B.
Members of the commission shall be appointed for a four-year term. Notwithstanding the specified term of four years for a member of the commission, a member shall not remain eligible to remain on the commission should the member of the board of supervisors from the district which the commission member was appointed ceases to be a member of the board of supervisors or if a commission member moves his or her residence out of the district from which he or she was appointed, and in either such situation membership shall automatically terminate upon the appointment by the board of a new member to fill the remainder of the unexpired term. The term of two commissioners shall expire on June thirtieth of the same year and the term of three commissioners shall expire on June thirtieth, two years thereafter.
C.
The commission shall elect one member as chairman and one as vice-chairman, to hold office at the pleasure of the members. Three members shall be a quorum and three affirmative votes shall be required to carry a motion. The commission shall hold at least one regular meeting per month.
D.
The commission shall perform those planning and zoning duties specified by state law or ordinance, including, but not limited to, the duties related to legislative matters and the duties related to quasi-judicial matters and appeals thereof.
E.
Members of the county planning commission shall receive such compensation as may be fixed by or pursuant to the salary ordinance. Commission members shall also receive travel expenses for attending commission meetings, and other authorized travel, as may be fixed by or pursuant to the salary ordinance.
(Ord. 348.4573 § 1.4, 2008)
The planning department shall be headed by a planning director who shall be appointed by the director of the transportation and land management agency to hold office at his or her pleasure, and shall include a staff of employees under his or her direction as provided by or pursuant to the salary ordinance. The planning department shall provide technical and clerical assistance to the county planning commission and shall perform functions related to planning, zoning and land divisions as may be required by state law, ordinance or order of the board of supervisors.
(Ord. 348.4573 § 1.5, 2008)
A.
When a provision of this chapter requires notice of a public hearing to be given pursuant to this section, notice shall be published once in at least one newspaper of general circulation within the county at least ten (10) days prior to the hearing.
B.
The notice shall include the information specified in section 17.04.100 of this chapter.
C.
In addition to the notice required by this section, the planning director may direct that notice of the hearing be given in any other manner deemed necessary or desirable. The failure of any person or entity to be given such optional additional notice pursuant to this subsection, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the county.
D.
Whenever the county considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the county shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. Such notice shall be satisfied by providing mailed notice of hearing to at least one organization which works with the blind community, at least one organization which works with the aged community, and at least one organization which works with the disabled community.
(Ord. 348.4573 § 1.6, 2008)
A.
When a provision of this chapter requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:
1.
Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the county may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant;
2.
Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;
3.
Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the county may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (A)(1) is greater than one thousand (1,000), the county, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the county at least ten (10) days prior to the hearing;
4.
If the notice is mailed or delivered pursuant to subsection (A)(3), the notice shall also be published once in at least one newspaper of general circulation within the county at least ten (10) days prior to the hearing.
B.
The notice shall include the information specified in section 17.04.100 of this chapter.
C.
In addition to the notice required by this section, the planning director may direct that notice of the hearing be given in any other manner deemed necessary or desirable. The failure of any person or entity to be given such optional additional notice pursuant to this subsection, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the county.
D.
Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the county shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. Such notice shall be satisfied by providing mailed notice of hearing to at least one organization which works with the blind community, at least one organization which works with the aged community, and at least one organization which works with the disabled communities.
(Ord. 348.4573 § 1.7, 2008)
When a provision of this chapter requires notice of a public hearing to be given pursuant to section 17.04.060 or 17.04.070, the notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for notice with the planning director accompanied by the fees set forth in County Ordinance No. 671. Any such request for notice shall expire after one year unless renewed by the filing of a new request accompanied by the fees set forth in County Ordinance No. 671.
(Ord. 348.4573 § 1.8, 2008)
The failure of any person or entity to receive notice required to be given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of the county for which the notice was given. The failure of any person or entity to be given optional additional notice pursuant to either section 17.04.060(C) or section 17.04.070(C) of this chapter, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the county.
(Ord. 348.4573 § 1.9, 2008)
As used in this chapter, "notice of a public hearing" means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.
(Ord. 348.4573 § 1.10, 2008)
Any public hearing conducted under this chapter may be continued from time to time. No additional notice of public hearing shall be required for a continued public hearing.
(Ord. 348.4573 § 1.11, 2008)
A.
Reasonable accommodation. This section provides a procedure to request reasonable accommodations in land use and zoning regulations for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
1.
A request for reasonable accommodation may be made by any person with a disability as defined by the Federal Fair Housing Act and the California Fair Employment and Housing Act, their representative, or developer of housing for individuals with disabilities when the application of a requirement of this ordinance acts as a barrier to fair housing opportunities.
2.
A request for reasonable accommodation shall be submitted on an application form provided by the planning department.
3.
A request for reasonable accommodation may include a modification or exception to the requirements or standards for the sitting, development and use of housing or housing related facilities that would eliminate a regulatory barrier and provide a person with a disability equal opportunity to housing of their choice.
4.
A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.
5.
A reasonable accommodation does not affect an individual's obligation to comply with other applicable regulations not at issue in the requested accommodation.
6.
The planning director, with consultation with the Office of County Counsel, shall review a reasonable accommodation request within forty-five (45) days of the request being deemed complete and approve, conditionally approve or deny the request based on the following:
a.
Whether the housing in the request will be used by an individual considered disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act;
b.
Whether the request for reasonable accommodations is necessary to make specific housing available to an individual considered disabled;
c.
Whether the request would impose an undue financial or administrative burden on the county;
d.
Whether the request would require a fundamental alteration in the nature of a county program or law; including but not limited to land use and zoning;
e.
Potential impact on surrounding uses;
f.
Physical attributes of the property and structures; and
g.
Other reasonable accommodations that may provide an equivalent level of benefit.
7.
The planning director shall provide a copy of an approved reasonable accommodation request to the department of building and safety department and the code enforcement department.
B.
Notice of determination. The planning director's determination shall be mailed to the applicant and to any person who has made a written request for a copy of the determination. The planning director's determination is final unless the determination is appealed pursuant to subsection (C) set forth below.
C.
Appeal.
1.
Within ten (10) calendar days of the date of the planning director's determination, an applicant may appeal the determination.
2.
Appeals shall be made in writing on the form provided by the planning department along with the required filing fee. The written appeal shall include a statement of facts supporting the appeal.
3.
Upon timely receipt of an appeal, a hearing shall be set for a date not less than ten (10) calendar days, but not more than thirty (30) calendar days from the date the appeal was received. Written notice of the hearing shall be sent to the planning director and applicant appealing the planning director's determination.
4.
The county hearing officer appointed by the board of supervisors pursuant to Ordinance No. 643 shall preside over the hearing.
5.
At the hearing, the county hearing officer shall receive testimony and evidence from the planning director, the applicant, or their representatives, and any other concerned persons who may desire to speak at the hearing. The county hearing officer shall not be limited to the technical rules of evidence and may continue the hearing from time to time.
6.
Within thirty (30) calendar days of concluding the hearing, the county hearing officer shall make his decision and provide it in writing to the applicant, planning director, code enforcement department and the building and safety department.
7.
The decision of the county hearing officer shall be final.
(Ord. No. 348.4835, § 2, 6-21-2016)
In the event there is an inconsistency between the tables contained in this ordinance and the text of this ordinance, the ordinance text controls and shall be applied to land use permit applications.
(Ord. No. 348.4898, § 5, 10-23-2018)
For the purpose of this ordinance, certain words and terms used herein are herewith defined:
When not inconsistent with the context, words used in the present tense include the future tense; words in the singular number include the plural number and words in the plural number include the singular number. The masculine gender includes the feminine and neuter gender. The word "shall" is always mandatory and not merely directory. The word "may" is permissive.
"Accessory building." A subordinate building on the same lot or building site, the use of which is incidental to that of the principal building. A mobilehome shall constitute a principal building where installed as provided in section 17.260.030 or section 17.260.040 of this ordinance. A second unit, as defined by state law and this ordinance, shall not constitute an accessory building. (Ord. 348.2358, 07-31-1984; Ord. 348.4179, 04-13-2004; Ord. 348.4481, 03-27-2008)
"Accessory use." A use customarily incidental and accessory to the principal use of a lot or a building located upon the same lot or building site. The provisions of this section do not apply in the A-1, A-P, A-2 and A-D Zones. (Ord. 348.2358, 07-31-1984)
"Agricultural crop." Any cultivated crop grown and harvested for commercial purposes, except cannabis and other controlled substances, which are defined and classified separately.
"Agricultural cultivation." The act of preparing the soil for the raising of agricultural crops.
"Agricultural zone." Zones A-1, A-P, A-2, A-D, C/V, WC-W, WC-WE, WC-E.
"Alcoholic beverage." Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Alcoholic beverage" does not include "powdered alcohol," as defined in Section 23003.1 of California Business and Professions Code.
"A-License." A state license issued for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician's recommendation.
"Alley." A public or private thoroughfare or way, permanently reserved and having a width of not more than twenty (20) feet, which affords only a secondary means of access to abutting property.
"Alternate access." A public road or driveway constructed pursuant to appropriate county standards with no restrictions. Ord. 348.3032, 06-06-89)
"Apartment." A room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one-family.
"Apartment house." A building or portion thereof designed for or occupied by two or more families living independently of each other.
"Assembly area, net." The area of a structure which does not include foyers, corridors, restrooms, kitchens, storage and other areas not used for the assembly of people. (Ord. 348.3773, 07-04-96)
"Auction." The sale of new and used merchandise offered to bidders by an auctioneer for money or other consideration.
"Automatic control timer." A mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application. (Ord. 348.3446, 07-21-92)
"Automobile storage space." A permanently maintained space on the same lot or building site as the use it is designed to serve, having an area of not less than one hundred sixty (160) square feet with a minimum width of eight feet for each stall and so located and arranged as to permit the storage of, and be readily accessible to, a passenger automobile under its own power.
"Automobile wrecking." The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, outside of an enclosed building, but not including the incidental storage of vehicles in connection with the operation of a repair garage, providing the repair period of any one vehicle does not exceed sixty (60) days, and not including the active noncommercial repair of one personal motor vehicle within a one hundred twenty-day period.
"Basement." A story partly underground and having at least one-half its height measured from its floor to its finished ceiling, below the average adjoining grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five feet.
"Board of supervisors." The Board of Supervisors of the County of Riverside.
"Boarding, rooming or lodging house." A residence or dwelling unit, or part thereof, where a room or rooms are rented under two or more separate written or oral rental agreements, leases, subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence, on a monthly or greater basis. A boarding, rooming or lodging house does not include sober living homes or residential facilities, residential care facilities, residential care facilities for the elderly and alcohol or drug abuse treatment facilities serving six or fewer persons.
"Building." A structure having a roof supported by columns or walls. (See "structure".)
"Building height." The vertical distance measured from the average level of the highest and lowest points of that portion of the lot covered by the building to the uppermost portion of the building.
"Building site." The ground area of a building or buildings together with all open spaces adjacent thereto, as required by this ordinance.
"Bungalow court." Two or more dwelling units detached or connected.
"Building setback line." The distance between the proposed building line and the highway line or permanent access easement located on the same lot.
"Building, main." A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building on the lot on which the same is situated.
"Cannabis." All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or already harvested, including the seeds thereof. "Cannabis" also means cannabis as defined by Business and Professions Code Section 26001 and Health and Safety Code Section 11018. "Cannabis" does not mean "industrial hemp" as defined by Food and Agricultural Code Section 81100 or Health and Safety Code Section 11018.5. For the purpose of this section, cannabis is not a crop.
"Cannabis, adult-use." Cannabis and any cannabis product intended to be sold for use by adults 21 years or older pursuant to state law.
"Cannabis cultivation." Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Cannabis cultivation area." The area on a lot where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed or that does all or any combination of these activities.
"Cannabis delivery." The commercial transfer of cannabis or cannabis products from a cannabis retailer or cannabis microbusiness engaged as a cannabis retailer with an approved conditional use permit and Type 9 State license, up to an amount allowed by the State of California Department of Cannabis Control, to a primary caregiver, qualified patient, or customer at a physical address in California in compliance with all state laws and regulations.
"Cannabis distribution." The procurement, sale, and transport of cannabis and cannabis products between commercial cannabis activity licensees.
"Cannabis distribution facilities." A facility engaged in the storage of cannabis or cannabis products, for later distribution to permitted and licensed cannabis manufacturing facilities, cannabis testing facilities, or cannabis retailers.
"Cannabis manufacturing." The compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product and includes any processing, preparing, holding, or storing of components and ingredients.
"Cannabis manufacturing facility." A facility requiring a state manufacturing license, that processes, produces, prepares, propagates, holds, stores, packages, labels or compounds cannabis or cannabis products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using non-volatile or volatile organic compounds, as applicable to the state license, at a fixed location, that packages or repackages cannabis or cannabis products, or labels or relabels its containers.
"Cannabis, medicinal." Cannabis or cannabis product intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a patient in California who possesses a physician's recommendation for cannabis for medical purposes, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
"Cannabis microbusiness facility." A facility that is engaged in at least three of the following commercial cannabis activities: Indoor cannabis cultivation less than ten thousand (10,000) square feet, cannabis manufacturing (with non-volatile compounds), cannabis distribution, or cannabis retailer.
"Cannabis owner." A cannabis owner is any of the following:
1.
A person with an aggregate ownership interest of twenty (20) percent or more in the commercial cannabis activity for which a license or permit is being sought, unless the interest is solely a security, lien, or encumbrance.
2.
The chief executive officer of a nonprofit or other entity.
3.
A member of the board of directors of a nonprofit.
4.
An individual who will be participating in the direction, control, or management of the person applying for commercial cannabis activity permit or license.
"Cannabis package." Any container or receptacle used for holding cannabis or cannabis products.
"Cannabis plant, mature." A cannabis plant that is flowering, as defined by state law.
"Cannabis product, edible." Manufactured cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
"Cannabis products." Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
"Cannabis retailer." A facility where cannabis, cannabis products, or devices specifically for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale and/or cannabis delivery.
"Cannabis testing facility." A laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.
"Cannabis transport." The transfer of cannabis or cannabis products from the permitted commercial cannabis activity location of one licensee to the permitted commercial cannabis activity location of another licensee, for the purposes of conducting commercial cannabis activities authorized pursuant to the California Business & Professions Code Sections 19300, et seq. and 26000.
"Cannabis wholesale nursery." A site that produces only clones, immature plants, seeds, or other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. Cultivation as a cannabis wholesale nursery may be considered outdoor, indoor or mixed-light cultivation.
"Canopy." For purposes of chapter 17.302 only, the designated area or areas at a licensed premises that will contain mature cannabis plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all areas that will contain mature cannabis plants at any point in time, including all of the spaces within the boundaries.
"Car pool." Two or more people traveling together on a continuing and prearranged basis in a motor vehicle over routes tailored to accommodate rider needs.
"Camps." Any parcel or parcels of land used wholly or in part for recreational, educational, or religious purposes, accommodating five or more children or adults, that is operated as a day camp and/or a resident camp. (Ord. 348.2533, 11-12-85; Ord. 348.3053, 09-05-89)
"Cattery." Any building, structure, enclosure or premises whereupon, or within which ten (10) or more cats, four months of age or older, are kept or maintained.
a.
Class I cattery. Any building, structure, enclosure or premises whereupon, or within which, ten (10) to twenty-five (25) cats, four months of age or older, are kept or maintained.
b.
Class II cattery. Any building, structure, enclosure or premises whereupon, or within which, twenty-six (26) or more cats, four months of age or older, are kept or maintained.
"Certified recycling facility." A facility approved by the State of California to collect and redeem recyclable materials for a value not less than that which has been established by the state. (Ord. 348.3-47, 07-11-89)
"Clinic." A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room, nor kept overnight on the premises.
"Club." A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
"Commercial cannabis activity." The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in this division.
"Commercial poultry operation." The raising for profit of chickens, turkeys, ducks, geese or other fowls, but not including flocks of less than two hundred (200) birds, pigeons or smaller fowls, pets or hatcheries.
"Commercial retail corridor." Those corridor areas in the unincorporated area of Riverside County located within one-half mile from a designated freeway, including Interstate 10, Interstate 15, Interstate 215, State Route 91, and State Route 60.
"Unduly concentrated corridor." A commercial retail corridor where the number of approved conditional use permits for cannabis retailers within that commercial retail corridor has reached a limit of one for each two thousand (2,000) inhabitants of the census tract in which the cannabis retailers are located.
"Commission." The Riverside County Planning Commission.
"Convenience zone." A geographical area designated by the State of California Department of Conservation which comprises a one-half mile radius around an established supermarket or grocery store with gross annual sales of $2,000,000.00 or more in underserved areas with no supermarket. (Ord. 348.3047, 07-11-89)
"Compensation." The word "compensation" means anything of value.
"Cool season turf grass." Turf grass which withstands winter cold and grows best during the cooler months of the year. Most types languish in hot, dry summers and are best adapted to cool regions or regions where marine influence tempers summer heat. Examples are bluegrasses, bents, fescues and ryegrasses. (Ord. 348.3446, 07-21-92)
"Cottage commercial." A dwelling wherein limited commercial uses are allowed provided that the commercial use is conducted entirely within the dwelling, that the use is secondary to the principal use of the dwelling as a residence, that the commercial use does not require substantial parking and circulation facilities, that the residential character of the exterior and interior of the dwelling is not changed, and that the combination of residential and commercial uses in one dwelling does not violate state and county sanitation requirements. The cottage commercial use must be compatible with the established neighborhood, and must be subject to plot plan or conditional use permit approval. No more than two persons may be employed on the premises in addition to the family residing in the dwelling. (Ord. 348.2535, 12-26-85; Ord. 348.2643, 12-16-86)
"Cottage food operation." A cottage food operation means an enterprise where an individual prepares or packages nonpotentially hazardous foods in his or her private home for sale to consumers and as it is defined in California Health and Safety Code Section 113758. The definitions set forth in Health and Safety Code Section 113758 are hereby incorporated herein by reference, as they are now enacted or hereafter amended. A private home as referenced in Section 113758 therein shall refer to and mean, as it applies to Ordinance No. 348, any lawfully constructed one-family, multiple family, factory built or manufactured dwelling units that are occupied and used by an individual(s) as a principal residence.
"County." The County of Riverside.
"Crop coefficiency." Is a correction factor, expressed as a decimal fraction, comparing the water consumption by a given plant species to the reference evapotranspiration or ETo. Reference evapotranspiration means a standard of measurement of environmental parameters which affect the water use of plants. Reference evapotranspiration is given in inches per day, month or year and is an estimate of the evapotranspiration of a large field of four-to-seven inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum water allowances so that regional differences in climate can be accommodated. (Ord. 348.3446, 07-21-92)
"Crowing fowl." As used in this Ordinance, "crowing fowl" includes chickens, peafowl and guinea fowl. (Ord. 348.3954, 09-15-00)
"Dairy farm." A parcel or contiguous parcels of land used primarily to maintain cattle for the production of milk, including a building or buildings for milking, processing of milk produced on the premises, retail or wholesale sales and deliveries of such milk, and other buildings and structures incidental to the operation.
"Day care center." A facility of any capacity that provides nonmedical care to persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the proection of the individual on less than a twenty-four-hour basis, and which is either:
A.
Child day care center. A day care center which provides day care to children under eighteen (18) years of age, other than a family day care home. Child day care center includes infant centers, preschools, extended day care facilities, and school age child care centers.
B.
Adult day care center. A day care center which provides day care to persons 18 years of age or older.
(Ord. 348.3420, 05-05-92; Ord. 348.4596, § 32, 2-10-2009)
"Delivery." For purposes of chapter 17.302 only, the commercial transfer of cannabis or cannabis products to a customer.
"Development agreement." A development agreement with a person having a legal or equitable interest in real property for the development of such property pursuant to Government Code Section 65864 et seq., as now adopted or hereafter amended.
"Disposal service operations." Areas for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish not including storage or dumping of garbage or rubbish. (Ord. 348.2669, 04-04-87)
"Draying, freighting and trucking operations." Business whose sole purpose is to move goods by truck as opposed to businesses which produce, store and then distribute goods such as manufacturers with warehouses and distribution centers. (See "warehousing and distribution".) (Ord. 348.3857, 05-06-99)
"Dune buggy park." An open area used by dune buggies or other all-terrain vehicles, for purposes such as, but not limited to hill climbing, trail riding, scrambling, racing and riding exhibitions.
"Dwelling." A building or portion thereof designed for or occupied exclusively for residential purposes including one-family and multiple dwellings but not including hotels, auto courts, boarding or lodging houses.
"Dwelling, bed and breakfast." A one-family dwelling where lodging and breakfast is provided for compensation and in which there are no more than five guest rooms. The use must be managed and operated solely by the owner of the property. Meals are not restricted to breakfast only, but no cooking facilities shall be allowed in the guest rooms. A guest may not stay in the dwelling for more than 14 days in any calendar year. (Ord. 348.2535, 11-26-85)
"Dwelling units." A building or portion thereof used by one-family and containing but one kitchen.
"Dwelling unit, factory built." A factory built dwelling unit means a dwelling unit constructed in accordance with the Uniform Building Code and manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction of the part. A factory built dwelling unit does not include a mobilehome, a mobile accessory building or structure, a recreational vehicle or a commercial coach. (Ord. 348.224, 01-05-84)
"Dwelling unit, manufactured." A manufactured dwelling unit means a residential structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. A manufactured dwelling unit does not include a factory built dwelling unit, a mobile accessory building or structure, a recreational vehicle or a commercial coach. (Ord. 348.2244, 01-05-84)
"Dwelling, one-family." A building or structure, including a mobilehome or manufactured home, containing one kitchen and used to house not more than one-family, including domestic employees. (Ord. 348.2140, 11-26-82)
"Dwelling, multiple family." A building or portion thereof used to house two or more families, including domestic employees or each such family, living independently of each other, and doing their own cooking.
"Dwelling, resort." A building used exclusively for residential purposes, containing not more than two kitchens, with permanent interior means of access between all parts of the building, and located on a lot in a recorded subdivision with an average lot area of ten thousand (10,000) square feet or more. No such dwelling shall be erected unless as a part of the purchase price of the property the purchaser receives the privilege of use of recreational facilities such as golf courses, or polo fields, which facilities are adjacent to and a part of the residential development. No reduction of yard setbacks shall be permitted despite any other provisions of this ordinance.
"Educational institutions." Public and private schools, whether nonprofit or operated for profit, providing instruction to either minors or adults including kindergartens, elementary schools, junior high schools, senior high schools, junior colleges, colleges, universities, professional schools and vocational schools. Day care centers and family day care homes shall not constitute educational institutions.
"Emergency access." A private drive or roadway constructed according to Section 17.188.040 of this ordinance, providing access to one or more buildings. The access may be gated and locked at one or both ends restricting traffic to emergency vehicles only. (Ord. 348.3032, 06-06-89)
"Emergency shelter." Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person and where no individual or household may be denied emergency shelter because of an inability to pay.
"Employee housing." As defined in Health and Safety Code Section 17008, housing accommodations provided by an employer for five or more employees that are maintained or connected with any work or place where work is performed. Employee housing also includes housing accommodations or property located in a rural area, as defined by Health and Safety Code Section 50101, provided by someone other than agricultural employer for five or more agricultural employees that are not maintained or connected with work or workplace. Housing accommodations may consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance of way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other accommodations maintained in one or more buildings or one or more sites.
"Erected." The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations on the land, required for a building.
"Evapotranspiration." The quantity of water evaporated from adjacent soil surfaces, transpired by plants, and retained in plant tissue during a specific time. (Ord. 348.3446, 07-21-92)
"Family." One or more persons living together as a single housekeeping unit in a single dwelling unit.
"Farm." A parcel of land devoted to agricultural uses where the principal use is the propagation, care, and maintenance of viable plant and animal products for commercial purposes.
"Family day care home." A home which regularly provides care, protection, and supervision of fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and includes the following:
a.
Large family day care home - A home that provides family day care to seven to fourteen (14) or fewer children, including children under the age of ten (10) years who reside at the home.
b.
Small family day care home - A home that provides family day care to eight or fewer children, including children under the age of ten (10) years who reside at the home.
(Ord. 348.3420, 05-05-92; Ord. 348.3955, 09-29-00; Ord. 348.4596, § 33, 2-10-2009)
"Fast track project." A development project designated as a fast track project by majority vote of the board of supervisors or by the assistant county executive officer/economic development agency (the EDA director) in accordance with the provisions of Board of Supervisors Policy A-32, as now adopted or hereafter amended. A fast track project may consist of one or more permits or approvals pursuant to this ordinance, County Ordinance No. 460, and Ordinance No. 555 which are necessary or convenient to facilitate development of the project. The permits or approvals which comprise the fast track project may include one or more of each of the following:
a.
General plan amendment pursuant to Article 2 of this ordinance.
b.
Specific plan or specific plan amendment pursuant to Article 2 of this ordinance.
c.
Determination of project conformance with an adopted specific plan pursuant to section 17.08.110 of this ordinance.
d.
Zone change or other zoning ordinance amendment pursuant to Chapter 17.280 of this ordinance.
e.
Conditional use permit, including a conditional use permit for a solar power plant, pursuant to section 17.200.050 of this ordinance.
f.
Public use permit pursuant to section 17.208.050 of this ordinance.
g.
Variance pursuant to section 17.196.010 of this ordinance.
h.
Plot plan pursuant to section 17.216.020 of this ordinance.
i.
Modification to an approved permit, including a substantial conformance modification or a revised permit, pursuant to section 17.228.030 of this ordinance.
j.
Tentative land division including a vesting tentative map, pursuant to County Ordinance No. 460.
k.
Development agreement pursuant to section 17.191.110 of this ordinance and Board of Supervisors Resolution No. 2012-047 (Establishing Procedures and Requirements for the Consideration of Development Agreements), as now adopted or hereafter amended.
l.
Surface Mining Permit or Reclamation Plan pursuant to County Ordinance No. 555.
m.
Modification to an approved Surface Mining Permit or Reclamation Plan, including a substantial conformance modification or a revised permit or plan, pursuant to Section 13 of Ordinance No. 555.
n.
Commercial Wind Energy Conversion System Permit (Commercial WECS Permit) and Accessory Wind Energy Conversion System Permit (Accessory WECS Permit) pursuant to Chapter 17.224 and chapter 17.224, article 2 of this title.
o.
Modification to an approved Commercial WECS Permit or Accessory WECS Permit, including a substantial conformance modification or a revised permit, pursuant to section 17.224.130 of this ordinance.
"Future Farmers of America and 4-H project." Not more than five cattle, horses, sheep, llamas, ostriches, emus and like animals on parcels not less than one acre (net) in area being raised in connection with the education of a person as a member of Future Farmers of America (FFA) or 4-H. This does not include crowing fowl (see section 18.28b.). (Ord. 348.4150, 03-01-04)
"Garage, private." An accessory building or a main building or portion thereof, used for the shelter or storage of self-propelled vehicles, owned or operated by the occupants of a main building and wherein there is no service or storage for compensation.
"Guest quarter" is defined in chapter 17.294 of this title.
"Home occupations." Home occupations means those uses that are customarily conducted in a residence, provided such uses must be incidental and secondary to the principal use of a dwelling as a residence. The following criteria shall apply to any home occupation:
a.
Except for large family day care homes which may require two assistants and small family day care homes which may require one assistant to be present in addition to the licensee or provider, no person other than a resident of the dwelling shall be employed on the premises in the conduct of a home occupation.
b.
A home occupation shall be conducted entirely within the dwelling and shall be incidental and secondary to the use of the dwelling as a residence.
c.
A home occupation shall not be conducted in an accessory structure and there shall be no storage of equipment or supplies in an accessory structure or outside building.
d.
The residential character of the exterior and interior of the dwelling shall not be changed.
e.
No vehicles or trailers except those normally incidental to residential use shall be kept on the site.
f.
No signs other than one unlighted identification sign, not more than two square feet in area, shall be erected on the premises.
"Hoop structure." A plastic or fabric covered structure with open ends and no other framing, which is not more than twelve (12) feet in height and does not have vertical sides exceeding six feet in height. Hoop structures in residential zones shall not exceed one hundred twenty (120) cumulative square-feet of floor area. For the purposes of this article, and for the purposes of obtaining licenses, cannabis cultivation within hoop structures is considered mixed light cultivation.
"Hotel." A building designed for or occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guest rooms, and in which no provision is made for cooking in any individual room or suite; jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint, are specifically not included.
"Hotel, resort." A hotel, including all accessory buildings as defined in section 17.04.120 of this ordinance and having a building site or hotel grounds containing not less than fifty thousand (50,000) square feet. Such hotel may have accessory commercial uses operated primarily for the convenience of the guests thereof, provided there is no street entrance directly to such commercial uses, and further provided such commercial uses shall not occupy more than twenty (20) percent of the ground floor area of such hotel building.
"Indoor cannabis cultivation." The cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate of twenty-five (25) watts per square foot.
"Industrial hemp." An agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of the plant, including the seed of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. For purposes of this ordinance, industrial hemp is not considered a field crop.
"Industrial hemp activity." The cultivation, growing, seed breeding, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of industrial hemp and industrial hemp products.
"Industrial hemp cultivation." Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of industrial hemp for commercial purposes and industrial hemp seed breeders.
"Industrial hemp cultivation area." The area on a lot or in a building where Industrial Hemp is planted, grown, harvested, dried, cured, graded, or trimmed or that does all or any combination of these activities.
"Industrial hemp manufacturing." The compounding, blending, extracting, infusing, or otherwise making or preparing a hemp product.
"Industrial hemp manufacturing facility (non-volatile)." A facility that processes, produces, prepares, propagates, holds, stores, packages, labels or compounds hemp or hemp products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using non-volatile organic compounds, at a fixed location, that packages or repackages hemp or hemp products, or labels or relabels its containers. Hemp manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.
"Industrial hemp manufacturing facility (volatile)." A facility that processes, produces, prepares, propagates, holds, stores, packages, labels, or compounds hemp or hemp products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using volatile organic compounds, at a fixed location, that packages or repackages hemp or hemp products, or labels or relabels its containers. Hemp manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.
"Industrial hemp products." Hemp that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated hemp, or an edible or topical product containing hemp or concentrated hemp and other ingredient.
"Indoor industrial hemp cultivation." The cultivation of Industrial Hemp within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate of twenty-five (25) watts per square foot.
"Junk, wrecking, dismantling and salvage yards." The use of any lot or parcel of land for outside storage, wrecking, dismantling or salvage of any used or secondhand materials, including but not limited to lumber, auto parts, household appliances, pipe, drums, machinery or furniture. A proposed or intended use by the owner of the used or secondhand materials does not constitute an exception to this definition. (Ord. 348.4087, 03/25/03)
"Kennel." Any building, structure, enclosure or premises whereupon, or within which, five or more dogs, four months of age or older, are kept or maintained.
a.
Class I kennel. Any building, structure, enclosure, or premises whereupon, or within which, five to ten (10) dogs, four months of age or older, are kept or maintained. A class I kennel shall not include an animal rescue operation that meets the definition and requirements set forth in Ordinance No. 630.
b.
Class II kennel. Any building, structure, enclosure, or premises, whereupon, or within which, eleven (11) to twenty-five (25) dogs, four months of age or older, are kept or maintained.
c.
Class III kennel. Any building, structure, enclosure, or premises whereupon, or within which, twenty-six (26) to forty (40) dogs, four months of age or older, are kept or maintained.
d.
Class IV kennel. Any building, structure, enclosure, or premises whereupon, or within which, forty-one (41) or more dogs, four months of age or older, are kept or maintained.
e.
Sentry dog. Any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog".
f.
Sentry dog kennel. Any building structure, enclosure, or premises whereupon, or within which, five or more guard or sentry dogs are kept or maintained.
"Kitchen." Any room in a building or dwelling unit which is used for cooking or preparation of food.
"Labeling." Any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.
"Labor camp." Any building or group of buildings where five or more farm employees are housed. (Ord. 348.2162, 05-19-83)
"Lake, recreational." A confined body of standing fresh water containing more than five hundred thousand (500,000) gallons of water and covering more than one acre of surface area, not including reservoirs, duck clubs, bodies of water contained within golf courses, and water storage used only for agricultural or domestic purposes.
"Leasable floor area, net." This area includes sales areas and integral stock areas, but excludes corridors, enclosed malls, lobbies, stairwells, elevators, equipment rooms and restrooms. (Ord. 348.3773, 07-04-96)
"Live cannabis plants." Living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
"Lot."
(1)
A parcel of real property as shown as a delineated parcel of land with a separate and distinct number or other designation of a plot recorded in the Office of the County Recorder of Riverside County; or
(2)
A parcel of real property not so delineated and containing not less than 7,200 square feet and abutting on a street or alley and held under separate ownership from adjacent property prior to the effective date of this ordinance; or,
(3)
A parcel of real property not so delineated containing not less than seven thousand two hundred (7,200) square feet abutting on a street or alley, if the same was a portion of a larger piece of real property held under the same ownership prior to the effective date of this ordinance. A lot shall not come into existence solely because it is described as a parcel of real property securing, or in part securing, a promise to pay money or other thing of value whether its title is held by a trustee for such purpose or not.
"Lot area." The total horizontal area within the lot lines of a lot.
"Lot, corner." A lot located at the junction of two or more intersecting streets having an angle of intersection of not more than one hundred thirty-five (135) degrees, with a boundary line thereof bordering on two of the streets.
"Lot lines." The boundary lines of lots are: front lot line, the line dividing a lot from the street, or form a permanent access easement located on the same lot. On a corner lot only one street line shall be considered as a front lot line, and such front lot line shall be determined by the commission. Rear lot line: The line opposite the front lot line. Side lot lines: Any lot lines other than the front lot line or the rear lot line.
"Lot, reversed corner." A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which it rears.
"Lot, interior." A lot other than a corner lot.
"Lot, key." The first lot to the rear of a reversed corner lot and not separated by an alley.
"Lot, through." An interior lot having frontage of two parallel or approximately parallel streets.
"M-License." A state license issued for commercial cannabis activity involving medicinal cannabis.
"Marijuana." Cannabis.
"Marijuana cultivation." The planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, including from within a fully enclosed and secure building. Marijuana plant, as used herein, includes any mature or immature marijuana plant, or any marijuana seedling.
"Mass transit." Publicly provided transportation, usually either by bus or rail, to users at a fixed cost per ride. (Ord. 348.2533, 11-12-85)
"Mature cannabis plant." Mature cannabis plants as defined by the California Department of Food and Agriculture.
"Medical cannabis." Cannabis and any cannabis product intended to be used by medical cannabis patients pursuant to the Compassionate Use Act of 1996 (Proposition 215), pursuant to Health and Safety Code Section 11362.5. Medical cannabis does not include "industrial hemp" as defined by Food and Agricultural Code Section 81100 or Health and Safety Code Section 11018.5."
"Medical marijuana." Medical cannabis.
"Medical marijuana dispensary." Any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed to, or distributed by, one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card as those terms are defined in Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, provided that such uses comply with this ordinance and all other applicable laws, including, but not limited to, Health and Safety Code Section 11362.5 et seq.: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. (Ord. 348.4423, 11-02-06)
"Medium indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed twenty-two thousand (22,000) square feet.
"Medium mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed twenty-two thousand (22,000) square feet.
"Menagerie."
a.
Any lot or premises on which one or more wild animals of the following types are kept:
(1)
Venomous reptiles.
(2)
Non-venomous reptiles that weigh more than ten (10) pounds, not including turtles or tortoises.
(3)
Birds or members of the Aves class that weigh more than twenty (20) pounds, not including poultry.
(4)
Mammals that weigh more than twenty (20) pounds.
b.
Any lot or premises on which wild animals of the following types are kept, regardless of weight, unless such animals are listed in a zone classification as a permitted use:
(1)
Ten (10) or more non-venomous reptiles.
(2)
Twenty-five (25) or more mammals.
c.
A wild animal that has been tamed or trained shall be considered a wild animal.
d.
As used in this section, "wild animal" means any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Crustaccea (crayfish) or class Gastropoda (slugs, snails) which is not normally domesticated in this state as determined by the state fish and game commission.
(Ord. 348.4220, 12-02-04)
"Migrant agricultural worker mobilehome park." A mobilehome or travel trailer park for agricultural workers the rental of which is restricted as follows:
a.
Not less than eighty (80) percent of the trailer sites are restricted to rental by migrant agricultural workers for a period of time not to exceed nine months in any twelve-month period.
b.
The remainder of the sites are restricted to rental by permanent agricultural workers, and occupancy by the owner or operator of the trailer park.
"Migrant agricultural worker." Migrant agricultural worker is defined as an itinerant agricultural worker that travels from place to place for employment in the planting, growing and harvesting to seasonal crops.
"Mining operation." The term mining operation shall mean any process by which one or more substances which are classified geologically as minerals are extracted from the earth or stockpiled including the reworking of mineral dumps which have been artificially created by mining operations.
"Mixed light cannabis cultivation." The cultivation of mature cannabis plants in a greenhouse, hoop structure, glasshouse, conservatory, hothouse, or other similar structure using light deprivation or one of the artificial lighting models described below:
1.
Mixed-light Tier 1 - The use of artificial light at a rate of six watts per square foot or less.
2.
Mixed-light Tier 2 - The use of artificial light at a rate above six (6) and below or equal to twenty-five (25) watts per square foot.
"Mobile cannabis retailer." A motorized or non-motorized vehicle, cart, trailer, wagon, container or other similar personal property not located on a licensed premises, pursuant to state law, and from which cannabis, cannabis products, or devices specifically for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale and/or cannabis delivery.
"Mobilehome park" is any area of tract of land where one or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehome used for human habitation. The rental paid for any such mobilehome shall be deemed to include rental for the lot it occupies. Mobilehome park does not include lots containing ranchets pursuant to chapter 17.294 of this title.
Notwithstanding the foregoing definition, any person, not including a mobilehome park operator, who owns a mobilehome and owns, rents or leases the land upon which the mobilehome is located, is permitted to rent, lease, sublease, let our, or hire out for occupancy the mobilehome and the land upon which the mobilehome is located, without obtaining a permit to construct or operate a mobilehome park.
"Mobile recycling unit." A licensed vehicle used for the collection of recyclable materials. A mobile unit may also include trailers, bins, boxes, or other storage containers which are transported by vehicles; and does not occupy more than five parking spaces or five hundred (500) square feet of floor area. (Ord. 348.3047, 07-11-89)
"Mulch." A material such as leaves, bark or straw left loose and applied to the soils surface to prevent evaporation of water. (Ord. 348.3446, 07-21-92)
"Nonconforming structure." A structure which was legal when established but which, because of the adoption or amendment of this ordinance conflicts with the provisions of this ordinance applicable to the zone in which such structure is located.
"Nonconforming use." The use of a structure or land which was legal when established but which, because of the adoption or amendment of this ordinance, conflicts with the provisions of this ordinance applicable to the zone in which such use is located.
"Occupancy, change of." The term "change of occupancy" shall mean a discontinuance of an existing use and substitution thereof of a use of a different kind or class.
"Occupied." The word "occupied" includes: used, arranged, converted to, rented, leased, or intended to be occupied.
"Outdoor cannabis cultivation." The cultivation of mature cannabis plants without the use of artificial lighting in a canopy area at any point in time. The growing of only immature cannabis plants at a legally permitted cannabis wholesale nursery is not considered outdoor cannabis cultivation.
"Outdoor film studios." A facility utilizing on-site indoor and outdoor locations for the filming of motion pictures, television programs and music videos. Outdoor film studios may provide limited housing for temporary use during such filming operations. No permanent production facilities such as would be used for film processing or editing and sound recording or dubbing shall be allowed. (Ord. 348.3043, 07-20-89)
"Outside storage." The outside storage of material not defined as rubbish under Ordinance No. 541, including but not limited to: lumber, auto parts, appliances, pipe, drums, machinery, furniture, building materials, work tools, or other substance requiring reconditioning or rebuilding in order to be used for its original purpose shall be allowed provided it is authorized in the particular zone, located only on the rear half of an improved lot or parcel or seventy-five (75) feet from the front property line of the improved lot or parcel, whichever is less, not visible from the street or other public or private property and limited to an area as set forth in the particular zone not to exceed two hundred square feet with a maximum height of three feet. If a screening device is used, it must be consistent with Ordinance No. 348 Section 18.40 (R.C.C. Title 17.172.205). Items stored under a carport, awning or patio shall be considered outside storage. The storage of unpermitted commercial coaches, mobilehomes or manufactured homes is not allowed. A proposed or intended use by the owner does not constitute an exception to this definition. Items enclosed within a building in a lawful manner or allowed pursuant to a plot plan or conditional use permit may constitute an exception to this definition. (Ord. 348.4087, 02-24-04)
"Parking area." The area for the parking of a motor vehicle plus those additional areas required to provide site ingress and egress to and from said area. The area set aside to meet those provisions must be usable and shall have permanent access for off-street parking. (Ord. 348.3773, 07-04-96; Ord. 348.4087, 03-25-04
"Parolee." A person convicted of a federal crime and sentenced to a United States federal prison who has received conditional and revocable release in the community under the supervision of a federal parole officer; a person serving a period of supervised community custody as defined by Penal Code Section 3000, following a term of imprisonment in a state prison, who is under the supervision of the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations; or an adult or juvenile sentenced to a term in the California Department of Corrections and Rehabilitation, Division of Juvenile Facilities (formerly known as the "California Youth Authority") who has received conditional and revocable release in the community under the supervision of the California Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations.
"Parolee-probationer home." Any residential building, or portion thereof, owned or operated by any person which houses two or more parolee-probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given or paid by the parolee-probationers, or given or paid by any person on behalf of the parolee-probationers, excluding any residential facility, residential care facility, residential care facility for the elderly or alcohol or drug abuse treatment facility serving six or fewer persons. As used herein, the term parolee-probationers includes parolees, probationers, and/or persons released to post-release community supervision under the "Post-release Community Supervision Act of 2011" (Penal Code Section 3450 et seq.). In determining whether a residential facility, residential care facility, residential care facility for the elderly or alcohol or drug abuse treatment facility serving six or fewer persons, the licensee, members of the licensee's family and persons employed as facility staff shall not be counted.
"Pen fed beef cattle operations." Six or more beef cattle per acre being fed or fattened for marketing purposes whether the owner or operator performs the feeding service for himself or others. (Dairy herd replacements are not considered beef cattle).
"Person." The word "person" includes association, company, firm, corporation, partnership, copartnership or joint venture.
"Personal cannabis cultivation." The planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, done or performed by a person for personal, non-commercial purposes pursuant to Health and Safety Code Sections 11362.1 and 11362.2 under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Senate Bill 94 (2017).
"Physician's recommendation." A recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
"Place of public assembly." Any place designed for or used for congregation or gather of twenty (20) or more persons in one room where such gathering is of a public nature, assembly hall, church, auditorium, recreational hall, pavilion, place of amusement, dance hall, opera house, motion picture theater, outdoor theater or theater, are included within this term.
"Planned residential development." A residential development including, but not limited to, statutory and nonstatutory condominiums, cluster housing, townhouses, community apartment projects and mobilehome developments, that is permitted reduced lot area, width and depth requirements and building setback requirements by integrating into the overall development open space and outdoor recreational facilities, which may include recreational and public buildings intended primarily for the use of the residents of the project, within the development. (Ord. 348.2140, 11-23-82)
"Planned commercial development." Planned commercial development means a development that may be permitted to have reduced width, depth and building setback requirements, and have common access and common parking, provided a planned development land division is approved pursuant to the provisions of the Riverside County Land Division Ordinance.
"Planned industrial development." Planned industrial development means a development that may be permitted to have reduced lot area, width, depth and building setback requirements, and have common access and common parking, provided a planned development land division is approved pursuant to the provisions of the Riverside County Land Division Ordinance.
"Poultry." Domestic birds including turkeys, ducks, geese, pheasants and other fowl specialized for meat projects, egg laying or ornamental show, but not including 'crowing fowl' as defined in this ordinance. (Ord. 348.3954, 09-15-00; Ord. 348.3966, 12-21-00)
"Premises." For purposes of chapter 17.302 only, the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
"Primary caregiver." The individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, further defined in Section 11362.7 of the California Health and Safety Code.
"Private event." An event that is not open to the public, attendees must register in advance, and no walk-ins are allowed.
"Probationer." A person convicted of a felony who has received a suspension of the imposition or execution of a sentence and an order of conditional and revocable release in the community under the supervision of a probation officer.
"Property." A legal lot or parcel.
"Rain shut off device." Senses rainfall and automatically shuts off the irrigation system. (Ord. 348.3446, 07-21-92)
"Ranch, guest." Any property containing five acres or more operated as a ranch which offers guest rooms for rent and which has outdoor recreational facilities such as horseback riding, swimming or hiking.
"Rancho Community event." A primarily outdoor private event held at a permitted Rancho Community Event Facility for the community to gather for the common purpose of an anniversary, celebration, ceremony, wedding ceremony and/or reception, birthday, quinceañera, sweet-sixteen event, baby shower, holiday party, graduation, fundraiser for a charitable non-profit organization, or farm-to-table event.
"Rancho Community Event Facility." A facility that is permitted to hold Rancho Community Events within the Western Coachella Valley Area Plan and Eastern Coachella Valley Area Plan, as designated in the Riverside County Comprehensive General Plan.
"Recreational trailer." A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy. The term "dependent recreational vehicle" shall mean a recreational vehicle not equipped with a toilet for sewage disposal. The term "independent recreational vehicle" shall mean a recreational vehicle equipped with a toilet for sewage disposal. (Ord. 348.2986, 02-16-89)
"Recreational vehicle park." Any area or tract of land, or a separately designated section within a mobilehome park, where one or more spaces are rented or leased or held out for rent or lease to owners or users of recreational vehicles. A recreational vehicle park may have a membership organization that provides for the use of spaces within a park. The following types of parks may be permitted in Riverside County:
a.
Vacation recreational vehicle parks. A park which is designed for transient use, such as overnight or short-term occupancy. No occupancy shall exceed 30 consecutive days or one hundred twenty (120) days in one calendar year. Tent camping may be permitted in areas designed and designated for such usage. Generally, only limited services and amenities are provided.
b.
Extended occupancy parks. A recreational vehicle park which is designed for extended occupancy. No such occupancy shall exceed nine months in any one calendar year. Full urban services are available, and recreational amenities are required. Tent camping may be permitted in areas designed and designated for such usage. Recreational vehicles may be permitted to remain on-site during periods of non-occupancy.
c.
Permanent occupancy parks. A recreational vehicle park which is designed for permanent occupancy. There is no limit on the duration of occupancy. Full urban services and recreational amenities are provided.
(Ord. 348.2986, 02-16-89)
"Recyclable materials." Any reusable material which is acceptable for reprocessing and redemption including, but not limited to, glass, metal, paper, and plastic. Recyclable material does not include hazardous waste or other refuse.
"Recycling collection facility." A facility which accepts recyclable material by donation, redemption, or purchase; and which the use of power driven machinery is limited to that which is necessary for the temporary storage, efficient transfer, and securing of materials as set forth in section 17.244.030 C. of this ordinance.
"Recycling facility." A facility which is equipped to accept and/or process recyclable materials. Recycling facilities include, but are not limited to, the following facility types; reverse vending machines, collection facilities, and processing facilities. (Ord. 348.3047, 07-11-89)
"Recycling processing facility." A facility which collects and processes acceptable recyclable materials by donation, redemption, or purchase. Processing means the preparation or transformation of recyclable materials for efficient shipment to an end user by, but not limited to, such means as baling, compacting, crushing, shredding, and sorting. (Ord. 348.3047, 07-11-89)
"Reverse vending machine." An automated and mechanical recycling facility, not more than fifty (50) square feet in floor area, which accepts one or more types of beverage containers made typically of glass, metal, or plastic; and which issues, in return, a cash refund or redeemable credit receipt with a value not less than the redemption worth of the container as determined by the State of California.
"Sell/sale/to sell (cannabis)." Any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
"Sex oriented business." A business that requires a sex-oriented business permit pursuant to County Ordinance No. 743.
"Single housekeeping unit." Any household whose members are a group of persons jointly occupying a single dwelling unit, including the joint use and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores and expenses and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined solely by the residents of the unit rather than the landlord or property manager.
"Small indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed ten thousand (10,000) square feet.
"Small mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed ten thousand (10,000) square feet.
"Soil moisture sensing device." A device that measures the amount of water in the soil. (Ord. 348.3047, 07-11-89; Ord. 348.3446, 07-21-92)
This ordinance shall apply to any application for a land use permit not finally approved on or before the date this ordinance takes effect. (Ord. 348.3584, 03-01-94)
"Solar energy system." A system which is an accessory use to any residential, commercial, industrial, mining, agricultural or public use, used primarily (i.e. more than fifty (50) percent) to reduce onsite utility usage, and which is either of the following:
(a)
Any solar collector or other solar energy device the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating.
(b)
Any structural design feature of a building, the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating.
"Solar power plant." A facility used to generate electricity from solar energy where the power plant will be connected to the power grid and the electricity will be used primarily (i.e. more than fifty (50) percent) at locations other than the site of the solar power plant. Solar power plants include power plants using both solar thermal systems and photovoltaic systems to convert solar energy to electricity. Solar thermal systems concentrate heat to drive a turbine which is then used to create electricity from generators and include systems using solar troughs, solar dishes, and solar power towers. Photovoltaic systems use a technology such as solar cells which generates electricity directly from sunlight.
"Specialty cottage indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed five hundred (500) square feet.
"Specialty cottage mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed two thousand five hundred (2,500) square feet.
"Specialty indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed five thousand (5,000) square feet.
"Specialty mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed five thousand (5,000) square feet.
"Specific plan, highway." A plan adopted by the County of Riverside, pursuant to the authority contained in the California Planning and Zoning Law (Government Code, Section 65000 et seq.) establishing specifically planned future right-of-way lines for a highway. Upon the adoption of a specific plan for a highway, all requirements of this ordinance relating to highway right-of-way lines shall be calculated from the adopted planned future right-of-way line, except as shall be otherwise specifically permitted in this ordinance.
"Stable, commercial." A stable for horses which are let, hired, used or boarded on a commercial basis and for compensation.
"Story." The portion of a building included between the surface of any floor and the finished ceiling next above it or the finished under surface of the roof directly over that particular floor.
"Street." A public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, but not including an alley.
"Street line." The boundary line between a street and abutting property.
"Structural alterations." Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, girders, floor joists or roof joists.
"Structure." Anything constructed or erected and the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, such as awnings and patio covers, but not including walls and fences or wall and fences with arch entries.
"Supportive housing." As defined by Health and Safety Code Section 50675.14, as may be amended from time to time, housing with no limit on length of stay that is occupied by persons with disabilities, families who are homeless as defined by Title 42 of the United States Code or homeless youth as defined by Section 11139.3 of the California Government Code that is connected to onsite or offsite services related to obtaining housing, improving health, or obtaining work consistent with Government Code Section 65582(g) and Section 65582(h), as may be amended from time to time. Supportive housing is not a community care facility as defined by this ordinance.
"Swap meets." The use, rental, or lease of stalls or areas outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, or art exhibits.
"Trail bike park." An open area used by trail bikes, or motorcycles, for purposes such as but not limited to, hill climbing, trail riding, scrambling, racing and riding exhibitions.
"Transitional housing." As defined by Health and Safety Code Section 50675.2, as may be amended from time to time, rental housing provided to eligible recipients on an interim basis not less than six months.
"Use." The purpose for which land or a building is arranged, designed, or intended, or for which either is or may be occupied or maintained.
"Used." The word "used" includes occupied, arranged, designed for or intended to be used.
"Vanpool." Seven or more people traveling together on a continuing and prearranged basis in a motor vehicle designed for the transportation of persons over routes tailored to accommodate rider needs. (Ord. 348.2500, 08-22-85; Ord. 348.2533, 11-12-85)
"Warehousing and distribution." Businesses whose sole purpose is to store and then distribute goods for sale as opposed to businesses whose sole purpose is to move goods by truck. (See "draying, freighting and trucking operations".) (Ord. 348.3857, 05-06-99)
"Warm season turf grass." Turfgrass which begins growing in early spring and continues to grow vigorously throughout the summer and early fall. It may become brown and dormant in cool or cold winters. It's green color may be maintained throughout the year by overseeding during winter months. Examples are bermudas, zoysias, dichondra and kikuyu grasses. (Ord. 348.3446, 07-21-92)
"Wholesale nursery." An establishment engaged in the propagation of trees, shrubs and horticultural and ornamental plants grown under cover or outdoors for sale to the public. Includes commercial scale greenhouses and establishments for the sale of plant materials, lawn and garden supplies, and related items. A wholesale nursery does not include cannabis wholesale nurseries which are classified separately.
"Wind energy conversion system (WECS)." A machine that converts the kinetic energy of the wind into a usable form of electrical or mechanical energy. The WECS include all parts of the system except the tower and electrical transmission equipment.
a.
Accessory wind energy conversion system (accessory WECS). A WECS which has a rated output of twenty (20) kilowatts or less and is an accessory use to the principal use of a lot in that at least fifty (50) percent of the average annual power production is used on the lot.
b.
Commercial wind energy conversion system (commercial WECS). Any WECS which is not an accessory WECS as defined herein.
"Yard." An open and unoccupied space on a lot on which a building is situated and, except where otherwise provided in this ordinance, open and unobstructed from the ground to the sky.
"Yard, front." A yard extending across the full width of the lot between the side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by law or ordinance, or by formal action of the board of supervisors pursuant to law or ordinance, in which event the front lot line shall be deemed to be such different right-of-way line.
"Yard, rear." A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street it shall meet front yard requirements of the district.
"Yard, side." A yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building, or of any accessory building attached thereto.
"Youth center." Any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
(9-22-60; 9-04-62; Ord. 348.242, 12-18-63; Ord. 348.251, 01-15-64; Ord. 348.261, 3-10-64; Ord. 348.265, 04-15-64; Ord. 348.275, 05-06-64; Ord. 348.356, 03-30-65; Ord. 348. 371, 6-16-65; Ord. 348.391, 09-15-65; Ord. 348.401, 11-10-65; Ord. 348.414, 12-22-65; Ord. 348.422, 01-19-66; Ord. 348.427, 03-23-66; Ord. 348.446, 06-16-66; Ord. 348.455, 07-06-66; Ord. 348.459, 07-27-66; Ord. 348.506, 05-31-67; Ord. 348.507, 06-07-67; Ord. 348.517, 06-19-67; Ord. 348.518, 08-02-67; Ord. 348.528, 09-27-67; Ord. 348.531, 10-16-67; Ord. 348.532, 11-15-67; Ord. 348.533, 12-06-67; Ord. 348.545, 02-21-68; Ord. 348.556, 04-17-68; Ord. 348.609, 01-27-69; Ord. 348.612, 03-12-69; Ord. 348.628, 05-14-69; Ord. 348.600, 06-16-69; Ord. 348.635, 07-09-69; Ord. 348.638, 07-16-69; Ord. 348.636, 09-16-69; Ord. 348.709, 04-15-70; Ord. 348.718, 04-29-70; Ord. 348.737, 06-10-70; Ord. 348.753, 07-22-70; Ord. 348.773, 09-16-70; Ord. 348.777, 09-23-70; Ord. 348.783, 09-30-70; Ord. 348.859, 03-11-71; Ord. 348.861, 03-24-71; Ord. 348.884, 05-26-71; Ord. 348.905, 07-11-71; Ord. 348.910, 08-25-71; Ord. 348.920, 09-16-71; Ord. 348.941, 11-04-71; Ord. 348.953, 11-25-71; Ord. 348.952, 12-02-71; Ord. 348.1023, 05-04-72; Ord. 348.1125, 01-25-73; Ord. 348.1180, 06-21-73; Ord. 348.1173, 04-05-74; Ord. 348.1469, 10-02-75; Ord. 348.1468, 10-23-75; Ord. 348.1476, 11-13-75; Ord. 348.1481, 12-10-75; Ord. 348.1489, 01-13-76; Ord. 348.1497, 04-15-76; Ord. 348.1536, 11-11-76; Ord. 348.1540, 01-20-77; Ord. 348.1545, 02-03-77; Ord. 348.1564, 04-21-77; Ord. 348.1588, 09-08-77; Ord. 348.1626, 02-14-78; Ord. 348.1647, 05-30-78; Ord. 348.1654, 06-20-78; Ord. 348.1658, 06-27-78; Ord. 348.1664, 08-29-78; Ord. 348.1667, 09-19-78; Ord. 348.1668, 12-19-78; Ord. 348.1674, 01-18-79; Ord. 348.1688, 04-12-79; Ord. 348.1697, 07-05-79; Ord. 348.1717, 08-21-79; Ord. 348.1702, 09-20-79; Ord. 348.1729, 11-29-79; Ord. 348.1785, 05-08-80; Ord. 348.1855, 09-25-80; Ord. 348.2443, 01-29-85; Ord. 348.2444, 03-05-85; Ord. 348.2496, 07-16-85; Ord. 348.2510, 08-29-85; Ord. 348.2516, 10-17-85; Ord. 348.2533, 11-12-85; Ord. 348.2535, 11-26-85; Ord. 348.2540, 01-02-86; Ord. 348.2580, 06-05-86; Ord. 348.2592, 06-06-86; Ord. 348.2566, 06-06-86; Ord. 348.2591, 08-07-88; Ord. 348.2613, 08-14-86; Ord. 348.2623, 08-18-86; Ord. 348.2616, 08-28-86; Ord. 348.2452, 09-18-86; Ord. 348.2643, 12-16-86; Ord. 348.2543, 01-15-87; Ord. 348.2669, 02-03-87; Ord. 348.2670, 03-12-87; Ord. 348.2684, 06-04-87; Ord. 348.2686, 07-23-87; Ord. 348.2687, 07-23-87; Ord. 348.2848, 04-29-88; Ord. 348.2856, 06-30-88; Ord. 348.2957, 06-31-88; Ord. 348.2986, 02-16-89; Ord. 348.2992, 03-07-89; Ord. 348.3010, 03-14-89; Ord. 348.3023, 04-04-89; Ord. 348.3029, 04-24-89; Ord. 348.3018, 04-27-89; Ord. 348.3030, 04-27-89; Ord. 348.3032, 06-06-89; Ord. 348.2989, 06-20-89; Ord. 348.3047, 07-11-89; Ord. 348.3043, 07-20-89; Ord. 348.3078, 09-05-89; Ord. 348.3053, 09-05-89; Ord. 348.2937, 09-26-89; Ord. 348.3217, 11-13-90; Ord. 348.3305, 08-13-91; Ord. 348.3341, 08-13-91; Ord. 348.3380, 10-01-91; Ord. 348.3407, 12-17-91; Ord. 348.3420, 05-05-92; Ord. 348.3444, 06-23-92; Ord. 348.3446, 07-21-92; Ord. 348.3447, 10-06-92; Ord. 348.3489, 01-19-93; Ord. 348.3481, 03-30-93; Ord. 348.3503, 04-13-93; Ord. 348.3567, 10-05-93; Ord. 348.3584, 03-01-94; Ord. 348.3571, 05-03-94; Ord. 348.2342, 05-29-94; Ord. 348.3613, 10-18-94; Ord. 348.3629, 11-08-94; Ord. 348.2986, 02-16-89; Ord. 348.3677, 06-06-95; Ord. 348.3727, 09-08-95; Ord. 348.3752, 11-30-95; Ord. 348.3753, 11-30-95; Ord. 348.3770, 04-19-96; Ord. 348.3773, 07-04-96; Ord. 348.3775, 07-18-96; Ord. 348.3780, 11-29-96; Ord. 348.3781, 01-03-97; Ord. 348.3793, 06-27-97; Ord. 348.3795, 08-29-97; Ord. 348.2957, 10-23-97; Ord. 348.3811, 02-13-98; Ord. 348.3208, 03-03-98; Ord. 348.3828, 07-16-98; Ord. 348.3842, 10-15-98; Ord. 348.3804, 11-28-98; Ord. 348.3857, 02-12-99; Ord. 348.3867, 05-06-99; Ord. 348.3868, 05-06-99; Ord. 348.3877, 06-18-99; Ord. 348.3881, 07-23-99; Ord. 348.3883, 9-10-99; Ord. 348.3884, 9-24-99; Ord. 348.3888, 10-21-99; Ord. 348.3928, 04-14-00; Ord. 348.3954, 09-15-00; Ord. 348.3955, 09-29-00; Ord. 348.3961, 11-24-00; Ord. 348.3962, 11-26-00; Ord. 348.3964, 11-31-00; Ord. 348.3966, 12-21-00; Ord. 348.3986, 4-13-01; Ord. 348.3982, 4-20-01; Ord. 348.3990, 5-24-01)
(Ord. 348.4680, § 2, 5-4-2010; Ord. 348.4596, § 32, 2-10-2009; Ord. 348.4703, §§ 8—10, 10-19-2010; Ord. 348.4713, § 25, 11-9-2010; Ord. 348.4706, § 6, 3-22-201; Ord. 348.4705, § 21, 11-8-2011; Ord. 348.4734, § 2, 11-8-2011; Ord. No. 348.4741, §§ 2, 3, 4-10-2012; Ord. No. 348.4750, § 2, 10-2-2012; Ord. No. 348.4755, § 1, 4-2-2013; Ord. No. 348.4773, § 1, 7-1-2014; Ord. No. 348.4791, § 7, 12-2-2014; Ord. No. 348.4802, § 4, 5-19-2015; Ord. No. 348.4818, § 37, 12-15-2015; Ord. No. 348.4835, §§ 6—13, 6-21-2016; Ord. No. 348.4862, §§ 2—14, 8-29-2017; Ord. No. 348.4898, §§ 10—59, 10-23-2018; Ord. No. 348.4911, § 26, 27, 9-10-2019; Ord. No. 348.4926, §§ 13, 14, 8-25-2020; Ord. No. 348.4931, §§ 15—23, 11-10-2020; Ord. No. 348.4950, §§ 37—39, 3-2-2021; Ord. No. 348.4997, §§ 5—31, 3-28-2023; Ord. No. 348.5018, §§ 2—5, 6-25-2024; Ord. No. 348.5028, § 11, 3-11-2025)