This Chapter describes the general requirements of this Development Code for the approval of proposed development and new land uses by the City.

(§ 5, Ord. 1085, eff. January 6, 2006)

No use of land or structures shall be established, constructed, reconstructed, altered, allowed or replaced unless the use of land or structures complies with the following requirements.

A.

Allowable use. The land use shall be allowed by this Development Code in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 9-22.030 (Allowable Land Uses and Permit Requirements).

B.

Permit/approval requirements. Any land use permit or other approval required by this Development Code shall be obtained before the proposed use is inaugurated. See Section 9-22.030 (Allowable Land Uses and Permit Requirements).

C.

Development standards. The use and structures shall comply with all other applicable requirements of this Development Code, including the development standards of this Article for the applicable zoning district, the provisions of Article 3 (Development and Operational Standards), and Article 4 (Standards for Specific Land Uses).

D.

Conditions of approval. The use and structures shall comply with any applicable conditions imposed by any previously granted land use permit.

E.

Legal parcel. The use of land and structures shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and City subdivision regulations, as applicable at the time the parcel was created.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Allowable land uses. The uses of land allowed by this Development Code in each zoning district are identified in Chapters 9-24 through 9-28, together with the type of Land Use Permit required for each use.

1.

Uses not listed. Land uses that are not specifically listed in Chapters 9-24 through 9-28 are not allowed, except as provided in Subsection (A)(2).

2.

Similar uses may be allowed. The Director may determine that a proposed use not listed in Article 2 is allowable if all of the following findings are made:

a.

The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or population density than the uses listed in the zoning district;

b.

The proposed use will meet the purpose or intent of the zoning district that is applied to the site; and

c.

The proposed use will be consistent with the General Plan and any applicable Specific Plan.

3.

Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this Development Code apply.

4.

Commission determination. The Director may request that the Commission make a determination regarding equivalent uses at a public meeting.

B.

Permit requirements. Tables 2-2 and 2-5 provide for land uses that are:

1.

Permitted "P" subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Zoning Clearance (Section 9-52.020), and any Building Permit, Planned Development Permit, or other permit required by the Simi Valley Municipal Code; and

2.

Allowed subject to the approval of a Conditional Use Permit "CUP" (Section 9-52.070).

C.

Emergency use situations. The Director may authorize an approval for a special temporary use or a temporary structure where a delay incident to the normal processing of an application would be detrimental to the health, safety, or welfare of the applicant or the general public. An application for an appropriate approval shall be made to the appropriate decision-making authority in the usual manner within 30 days of the emergency use authorization, unless otherwise approved by the Director. Authorizations pursuant to this subsection shall be valid for a period of no more than 120 days unless a formal request for an extension is approved by the Director, with written notification of that extension provided to the Planning Commission.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007)

Requirements for establishing a temporary use (e.g., construction yards, lot and sidewalk commercial activities, group assembly activities, temporary office trailers, temporary communications equipment testing facilities, etc.) are in Section 9-52.080 (Temporary Use Permits).

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

While property remains vacant, it may be used for the growing of crops or organized community youth group recreational activities prior to development in compliance with this Development Code; provided that no structure shall be erected or constructed without a proper permit.

B.

While property remains vacant in the CR (Commercial Recreation) Zone, excluding Specific Plan CR Zones, it may be used for the board and care of horses prior to development in compliance with this Development Code. Uses specifically not allowed include teaching or riding lessons, group events, shows, clinics, or horses for hire (livery operations). The board and care of horses shall be subject to issuance of a Zoning Clearance per Section 9-52.020 (Zoning Clearances) and all of the following standards:

1.

Parcel Size and Horse Density: The minimum parcel size is three acres. The number of horses per application shall not exceed 2 per one-half acre, up to a maximum of 18 horses.

2.

Enclosures, Shade Structures, and Sheds: Horses shall be kept within fenced corrals with a minimum area of 500 square feet for each horse. Any accessory shade structure for housing horses shall not exceed 120 square feet in area and 14 feet in height, and shall contain a minimum of three open sides.

One storage shed is allowed per horse, and one for the operator or caretaker of the horse boarding facility. All sheds shall be used for the storage of items related only to the boarding and caring of horses on the property. Each shed shall be a maximum of 120 square feet in area and 14 feet in height, and shall not contain any electrical or plumbing fixtures.

3.

Setbacks: All fenced corrals and accessory shade structures for horse keeping, sheds, riding rings, and riding trails shall be located a minimum distance of 50 feet from any existing off-site structure used for human occupancy or habitation, and 20 feet from the property line of the parcel containing the horse boarding facility.

4.

Caretaker temporary residence or office: One recreational vehicle may be used for the caretaker of the property and one for an office. Sewage disposal for the recreational vehicle shall conform to all State and City standards.

5.

Water, Sewer, and Trash Services: Any water or sewer services shall conform to all City standards. The property owner, caretaker, operator, or manager shall arrange for the pickup of discards or recyclable materials generated on-site by a City-approved trash service company.

6.

Sanitary Facilities: A minimum of two portable handicapped chemical toilets, including a built-in sink with fresh water, shall be provided and made available for customers and employees. Each portable toilet facility shall be, at all times, operational, maintained in a clean and sanitary condition, and kept in good repair. All portable chemical toilet facilities shall comply with the American National Standards Institute (ANSI) Z4.3 Nonsewered Waste-Disposal Systems — Minimum Requirements.

7.

Parking and Driveways: On-site vehicle parking shall be provided at one space per horse based on the maximum allowed number of horses for the application. All surfaces for parking and driveways shall be maintained with compacted decomposed granite or gravel containing a minimum depth of two inches.

8.

Tree Protection: No tree shall be removed, cut down, relocated, or destroyed, except as provided pursuant to Chapter 9-38 (Tree Preservation, Cutting, and Removal). No pruning of protected trees shall occur without first obtaining approval of the City, and all pruning shall conform to the American National Standards Institute (ANSI) A-300 Tree Care Operation Standards.

9.

General requirements: The property owner or operator of the horse boarding facility shall comply with the following:

a.

The property, including all enclosures or structures housing horses, corrals, paddocks, riding rings, pastures, or other areas shall be maintained in a sanitary manner free from litter, garbage, and the accumulation of manure, pursuant to Section 9-44.060(C)(2). The control of flies shall be maintained by: 1) collecting manure on a daily basis and placing it in a fly-proof sanitary container; 2) providing and maintaining flytraps; 3) maintaining insecticide ear tags on horses; and, 4) spraying insecticide where horses are kept.

b.

No horse shall be kept on the property if it habitually disturbs the peace and quiet of two or more residents on residential properties pursuant to Section 9-44.060(C)(4).

c.

Signage shall be limited to one freestanding, non-illuminated sign not exceeding a sign area of 24 square feet and height of 6 feet. Such sign shall be placed a minimum of one foot inside the property line. A sign permit shall be required.

d.

There shall be no grading on the property, including the excavation or fill of earth material by artificial means.

10.

Facility operations plan: The property owner or operator of the horse boarding facility shall prepare a plan addressing the horse board and care operations and improvements for review and approval by the Director of Environmental Services prior to issuance of the Zoning Clearance. The plan(s) shall include, but not be limited to: the location and design of corrals, riding rings, trails, and enclosures; storage area location for hay and feed; location and surface material for onsite parking and driveways; location of recreational vehicle for the caretaker; and signage.

11.

Duration Period: A Zoning Clearance is required and may be granted by the Director of Environmental Services for a maximum of one year to allow the boarding of horses. If it can be found that the applicant has complied with all the standards in this subsection B, the Director may grant subsequent Zoning Clearances for additional periods of one year each. Applicant must completely remove all horses, enclosures and structures housing horses, sheds, the caretaker's recreational trailer and vehicle, and any other related item from the property within 14 calendar days after the one-year period, unless a subsequent Zoning Clearance was issued.

12.

Monitoring. Upon a 24 hour notice, the site shall be subject to an inspection by the City to ensure compliance with all the standards in this subsection B.

13.

Deposit. A bond or cash deposit, in the amount specified by ordinance or resolution, shall be deposited with the City for the horse boarding facility's operation on vacant or undeveloped land to ensure clean-up of the entirety of the facility in compliance with Section 9-52.080(H)(4).

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 4 (Exh. A) Ord. No. 1204, eff. February 7, 2013)