Wildomar City Zoning Code
ARTICLE I
General Provisions
§ 17.05.010 Title.
This Title shall be known as the Wildomar Development Code, hereinafter referred to as Title.
(Ord. 247, 1/15/2025)
§ 17.05.020 Purpose and intent.
The intent of this Title is to set forth and coordinate city regulations governing the development and use of land in accordance with the Wildomar General Plan goals and policies. Title 17 is specifically intended to do the following:
A.
Facilitate prompt review of development proposals and provide for public information, review, and comment on development proposals that may have a significant impact on the community.
1.
Create a comprehensive and consistent pattern of land uses to help ensure the provision of adequate water, sewerage, transportation, drainage, parks, open space, and public facilities.
2.
Create a complete multimodal transportation network that promotes pedestrian-oriented development, safe and effective traffic circulation, and adequate facilities for all transportation modes (e.g., walking, bicycling, driving, and using transit).
3.
Ensure compatibility between residential and nonresidential development and facilitate the development of compatible mixed-use developments.
(Ord. 247, 1/15/2025)
§ 17.05.030 Scope of regulations.
The scope of regulations under this Title applies to all privately held property within the City of Wildomar and does not apply to federal-, state- or city-owned property.
A.
Private Projects. All land, buildings, and structures in the city shall be used only as hereinafter provided:
1.
No land, building or structure shall be used, constructed, altered or maintained except in conformance with the provisions of this Title.
2.
No use that requires a permit or approval of any kind under the provisions of this Title shall be established or operated until the permit or approval is finally granted and all required conditions of the permit or approval have been completed.
3.
No use that requires a permit or approval of any kind under the provisions of this Title shall be established or operated in violation of, or contrary to, any of the terms and conditions of the granted permit or approval.
4.
The term "private project" shall include those projects of local agencies which are subject to City regulation under Government Code Sections 53090 to 53095 and shall also include any project proposed to be established or operated on government lands if the project is not primarily for a governmental purpose unless the government agency involved has exclusive jurisdiction or the field of regulation has been preempted by law.
B.
Public Projects. No federal, state, county or City governmental project shall be subject to the provisions of this Title, including such projects operated by any combination of these agencies or by a private person for the benefit of any such government agency, unless the agency provides by contract or otherwise that the project shall be constructed or operated in compliance with any or all provisions of this Title.
(Ord. 247, 1/15/2025)
§ 17.05.040 Conflicting regulations.
If any section of this Title is in conflict with any other section thereof, or any other City ordinance, then the more stringent requirements shall apply.
(Ord. 247, 1/15/2025)
§ 17.05.050 City to be held harmless.
Any person who obtains, or files an application to obtain, a permit or approval of any kind under the provisions of Title 17 shall hold the City, its officers, employees and agents harmless from any liability or claim of liability, damages, or injuries, including any claims of the applicant, arising out of the issuance of the permit or approval, or the denial thereof, or arising out of any action by any person seeking to have a granted permit or approval held void by a court of law.
(Ord. 247, 1/15/2025)
§ 17.10.010 Title.
§ 17.10.020 City Council.
The City Council shall consist of five members elected in the manner provided by law. The Council shall perform the duties and functions specified by state law and this Title including, but not limited to, the duties related to legislative matters and the duties related to the appeal of quasi-judicial matters. The Council shall also perform those planning and zoning duties and functions which are not expressly delegated or reserved to another body or officer.
(Ord. 247, 1/15/2025)
§ 17.10.030 Planning Commission.
The Planning Commission shall consist of five members appointed by the City Council and shall perform those planning and duties specified by state law or code including, but not limited to, the duties related to legislative matters and the duties related to quasi-judicial matters and appeals thereof.
(Ord. 247, 1/15/2025)
§ 17.10.040 Planning Department.
The Planning Department under the direction of the Community Development Director shall provide technical and clerical assistance to the Planning Commission and shall perform functions related to planning, land use, zoning, and land divisions as may be required by state law, ordinance or order of the City Council. The Community Development Director has the authority to make certain decisions on land use permits and entitlements as identified in this Title.
(Ord. 247, 1/15/2025)
§ 17.15.010 Purpose.
The purpose of this chapter is to provide precision in the interpretation of this Title. The meaning and construction of words and phrases defined in this chapter apply throughout this Title, except where the context indicates a different meaning.
(Ord. 247, 1/15/2025)
§ 17.15.020 Rules of interpretation.
The following rules of interpretation shall be used in the application of the terms, provisions, and requirements of this Title.
A.
General Rules. The following general rules apply to the interpretation and application of this Title.
1.
The goals and policies of the General Plan.
2.
In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text shall determine the City's regulations.
3.
Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.
4.
Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
a.
"And" indicates that all connected words or provisions shall apply.
b.
"And/or" indicates that the connected words or provisions may apply singularly or in any combination.
c.
"Or" indicates that the connected words or provisions may apply singularly or in any combination.
d.
"Either. . . or" indicates that the connected words or provisions shall apply singularly but not in combination.
5.
The words "shall", "will", "must", and "is to" are always mandatory and not discretionary. "Should" is a regulation that is not mandatory but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.
6.
The present tense includes the past and future tense, and the future tense includes the past.
7.
The singular number includes the plural, and the plural, the singular.
8.
All references to departments, committees, commissions, boards, or other public agencies are to those of the City of Wildomar, unless otherwise indicated.
9.
All references to public officials are to those of the City of Wildomar, and include designated deputies of such officials, unless otherwise indicated.
B.
Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period (5:00 p.m.).
C.
Definitions. The Community Development Director shall make the interpretation for any definition not expressly identified in this Title.
D.
Minimum Requirements. All provisions of this Title are considered to be minimum requirements, unless specifically stated otherwise.
E.
Calculations; Rounding. Where any provision of this Title requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).
F.
Zone Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the Official Zoning Map, the following rules shall apply:
1.
District boundaries shown as approximately following the property line of a lot or an open space line shown on a map shall be construed to follow such lines.
2.
Where a district boundary divides a lot, the location of the district boundary shall be determined by the Community Development Director. Such determinations shall not constitute amendment of the Official Zoning Map.
3.
District boundaries shown as approximately following right-of-way lines of highways, streets or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.
4.
District boundaries shown as lying within right-of-way lines of highways, streets, defined natural features or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.
5.
District boundaries shown as lying at the edge of a mapped floodplain boundary line shall be construed to follow the adopted FEMA or DWR floodplain boundary or contour for the watercourse, as determined by the Community Development Director.
6.
If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district.
7.
If any uncertainty remains as to the location of a district boundary or other feature shown on the Zoning Map, the location shall be determined by the Community Development Director. Such determinations shall not constitute amendment of the Zoning Map.
(Ord. 247, 1/15/2025)
§ 17.20.010 Applicability and purpose.
A.
This chapter shall apply to all nonconforming structures and uses.
B.
This chapter is intended to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their re-establishment after discontinuance, and the alteration or restoration after destruction of the structures. More specifically, the intent of this chapter is to:
1.
Limit the number and extent of nonconforming structures by prohibiting their relocation, alteration, or enlargement in a manner that would increase the nonconformity.
2.
Prohibit the restoration of nonconforming uses and structures after destruction.
3.
Prohibiting the nonconforming use whenever the nonconforming use ceases for a period of at least one year.
(Ord. 247, 1/15/2025)
§ 17.20.020 Generally.
A.
Any nonconforming structure or nonconforming use may be continued and maintained as provided in this chapter.
B.
The following structures and uses shall be deemed nonconforming:
1.
Any structure, the construction of which is incomplete at the time an amendment is adopted making the structure nonconforming, if:
a.
A building permit has been legally issued for the structure; and
b.
Substantial construction has been performed on the site before the amendment making such structure nonconforming is adopted; and
c.
The structure is completed in accordance with the plans and specifications upon which the building permit was issued.
2.
Any use that is not yet established but for which an unexpired use permit or minor or major development permit was approved prior to the adoption of an amendment to Title 17, making such use nonconforming, so long as the use is established and maintained in accordance with any conditions of approval upon which the use permit or minor or major development permit was approved.
(Ord. 247, 1/15/2025)
§ 17.20.030 Continuation, transfer or sale.
A nonconforming use, structure, or lot may be continued, transferred, or sold subject to the limitations set forth in this chapter. Restrictions and conditions affecting an existing nonconforming use, structure or lot shall apply and shall not be affected by ownership changes.
(Ord. 247, 1/15/2025)
§ 17.20.040 Verification of nonconforming structure or use.
When it is necessary to obtain from the City a written verification of the nonconforming status of a structure or use the following procedure shall apply:
A.
Application. Every application for a determination of nonconforming use status shall be made in writing to the Community Development Director on the forms provided by the Planning Department, shall be accompanied by the filing fee as set forth in Chapter 3.44 (Fees), and shall include the following information:
1.
Name, address and phone number of applicant (or representative) and the property owner;
2.
Assessor's parcel number of premises involved;
3.
A site plan drawn in sufficient detail to clearly describe the following:
a.
Physical dimensions of property,
b.
Location and dimensions of all existing structures,
c.
Setback dimensions,
d.
Location and dimensions of all driveways, parking areas, landscape areas, fences and walls,
e.
Location and dimensions of all adjacent roadways showing location of street centerline and all existing improvements such as sidewalks, curbs, gutters or curb cuts;
4.
Panoramic photographs showing all sides of the on-site property, and adjacent off-site properties;
5.
Current zoning (with change of zone case number) and date it was adopted and became effective;
6.
Prior zoning designation;
7.
Written statement of justification for the nonconforming subject use of the property;
8.
Supporting documentation showing that the site has been in continuous use. Documentation may include, but is not limited to: bills of sale, bills of lading, utility bills, property tax records, Board of Equalization records, Employment Development Department records, fictitious business statement, Articles of Incorporation, canceled business checks, sales receipts, rental or lease agreements, or licenses;
9.
Such other information as determined necessary by the Planning Department.
B.
Review and Notice of Decision. Not less than 30 days from acceptance of an application as complete, the Planning Department shall verify the current zoning and supporting documentation. If the nonconforming use or structure is substantiated, the Planning Department shall complete a certificate of nonconforming use which shall include the following information: assessor's parcel number, situs address, nature of nonconforming use, expiration date, and such other information as deemed appropriate. If the subject use or structure is not able to be substantiated, the Planning Department shall prepare a letter of denial of the nonconforming use to include the following information: assessor's parcel number, nature of nonconforming use, and justification for the denial of the request.
C.
An appeal of the Planning Department's determination may be pursued in accordance with Section 17.125.110 (Appeals) of this Title.
(Ord. 247, 1/15/2025)
§ 17.20.050 Continuation of nonconforming structures or uses.
A.
Except as otherwise provided in this chapter, each and every nonconforming use may continue to be utilized and maintained, provided that there is no alteration, addition, enlargement or intensification to any such use or structure. Where an existing site improvement is nonconforming, nothing in this section shall prohibit minor site improvements that result in the reduction of this nonconformity.
B.
A structure, the use of which is nonconforming, shall not be moved, altered, enlarged, or extended unless required by law, or unless the moving, alteration, extension, or enlargement will result in the elimination of the nonconformity, except as permitted by this chapter. If moved, the structure shall be made to conform to current local, state and federal codes.
(Ord. 247, 1/15/2025)
§ 17.20.060 Expansion of nonconforming structures or use.
The total square footage of an existing nonconforming structure or use, excluding mobilehomes, may be expanded a maximum of 25% on the same parcel of land from the time the use was deemed nonconforming provided that structural alterations are of a minor nature and are necessary to improve or maintain the health or safety of occupants or are required by law or ordinance. Such expansion shall require issuance of a building permit only and shall not extend the period of nonconforming time in which the use must be eliminated.
(Ord. 247, 1/15/2025)
§ 17.20.070 Changes to a conforming use.
Any part of a structure or land occupied by a nonconforming use which is changed to or replaced by a use that conforms to the provisions of this Title as they apply to the particular zone shall not thereafter be used or occupied by a nonconforming use.
(Ord. 247, 1/15/2025)
§ 17.20.080 Discontinuance of nonconforming use.
A.
Without any further action by the City, any part of a structure or land occupied by a nonconforming use, which use is discontinued for one year or more, shall thereafter be used in conformity with the provisions of this Title and the nonconforming right shall be lost.
B.
The determination of discontinuance shall be supported by evidence satisfactory to the Community Development Director.
C.
An appeal of the Community Development Director's determination that the use has lost its nonconforming status by discontinuance may be pursued in accordance with Section 17.125.110 (Appeals) of this Title.
D.
The use of the site after the discontinuance or removal of a nonconforming use shall comply with all current requirements of this Title and the subject zoning district.
(Ord. 247, 1/15/2025)
§ 17.20.090 Exceptions.
A.
The provisions of this chapter shall not prevent the reconstruction, repairing, rebuilding or replacement and continued use of any nonconforming structure that is damaged by fire, explosion or acts of God, as provided by this chapter.
B.
A nonconforming building or structure which is accidentally damaged pursuant to subsection A above may be repaired provided the cost of the repairs does not exceed 50% of the assessed value of the repaired building or structure. Said cost and value shall be determined by the Chief Building Official.
C.
Repairs made pursuant to this section shall be made in conformance with the current regulations of this chapter to the maximum extent feasible, in the opinion of the Community Development Director, and shall fully comply with all other applicable laws and regulations. This provision shall not be construed to require a reduction in intensity of use from that existing prior to the damage. The degree of nonconformity shall not be increased under any circumstances.
D.
Routine maintenance and minor repairs may be performed on a nonconforming structure provided that the maintenance and repairs do not increase any nonconformity.
(Ord. 247, 1/15/2025)
§ 17.20.100 Minimum age requirement-Exception.
Whenever dwelling units in an area are zoned, as part of a senior citizen development, for permanent occupancy only by persons above a minimum age, any person below the minimum age requirement residing in a dwelling unit in the area at the time the zone classification becomes effective is not subject to the age restriction and may continue residency in the dwelling unit for an unlimited period of time. The right to continue such occupancy is not transferable to any other person.
(Ord. 247, 1/15/2025)
§ 17.20.110 Nonconforming designation restricted.
The provisions of this section apply to structures and uses which become nonconforming by reason of the adoption of the ordinance codified in this chapter or any amendment thereof, as of the effective date of such adoption or amendment. No use shall be deemed to have become nonconforming by virtue of decreased lot size resulting solely from the acquisition of any portion of the lot for public road or storm or drainage channel purposes or the adoption of any specific plan for such purpose.
(Ord. 247, 1/15/2025)
§ 17.20.120 Illegally existing nonconforming uses, lots, and structures.
Uses of land, lots, or structures that were created in violation of the Wildomar Municipal Code, state law, federal law, development code, subdivision regulations, or building code in effect at the time the use was established are presumed to be in violation of the current regulations and illegally existing with no vested rights. The land use must be brought into conformance with the current standards of this Title, not the standards in effect at the time the use was illegally initiated.
(Ord. 247, 1/15/2025)