Yucaipa City Zoning Code

Buildings or structures shall be erected, reconstructed, structurally altered, enlarged, moved, and/or maintained only for those land uses allowed by and in compliance with the provisions of the Development Code.

Land uses, buildings or structures shall only be designed, occupied, and used for those land uses allowed by and in compliance with the provisions of the Development Code.

Structures, buildings, and land uses shall be permitted only after applying for and securing all permits and licenses required by all laws and ordinances. The Development Code specifies regulations and additional land uses which apply to all incorporated areas. If other provisions of the Development Code and an applicable land use district are in conflict, the more stringent provision shall prevail, unless such provision is specifically addressed and is modified by a less stringent provision.

The boundaries of established districts are shown and delineated on the land use district maps entitled “Official Land Use Plan” as amended and as certified by the City Clerk and on file with the Community Development Department, which are hereby adopted as the Official Land Use Plan of the City of Yucaipa.

Changes, additions, and amendments to the Official Land Use Plan shall be determined and defined from time to time by ordinance adopting sectional Land Use District Maps covering portions of the City of Yucaipa, each of which shall become, upon final adoption and certification by the City Clerk, a part of the Official Land Use Plan for the City.

Unless otherwise noted, land use district boundaries shall extend to street right-of-way centerlines.

Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

In unsubdivided property and where a district boundary divides a lot, the locations of such boundaries, unless indicated by dimensions, shall be determined by use of the scale appearing on the map.

Where any uncertainty exists, the Planning Commission shall determine the location of boundaries.

Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley.

A Land Use Classification system is utilized to group primary land uses into categories. The land use types contained within each use classification groups various land use activities into categories according to their common performance characteristics. These characteristics relate land uses by the type of commodity sold, scope of service provided, method of operation, or extent of environmental impact.

Accessory uses are classified in Chapter 5 of this division.

The Planning Agency shall develop and maintain an alphabetical listing of typical land uses allowed within each land use classification type. This administrative listing shall clarify the various land use classifications and may be updated periodically to reflect additional uses. The listed uses shall be considered as “typical” and in no way reflect an absolute list of the land uses allowed by the land use classification category. The list of typical uses represents a list of specific land uses that are normally associated with a given land use type category. The typical land use listed is accepted as meeting the land use type category.

Where a term is not defined by this chapter and/or further clarified by Division 12 of this Code, the common usage of that term shall be as defined by any current English dictionary and as interpreted by the Planning Agency.

Row, field, tree, and nursery crop cultivation. This land use type refers to a primary use of the land which includes cultivation of open field or greenhouse crops of fruits, vegetables, grain, fibers, flowers, ornamental, and nursery plant materials for wholesale or retail sales and ultimate consumption by others.

Animal raising. This land use type refers to a primary use of the land which includes animal husbandry activities for the production of animal products which will be consumed by others. Animal types and densities shall be specified by each land use district. Additional animals may be raised as accessory uses.

Commercial kennels and catteries. This land use type refers to the keeping of more than five dogs or five cats for breeding, boarding and/or sale.

Wholesale trade of livestock (e.g., animal auctions).

Cow and goat dairies. This land use type refers to a any premises where milk is produced for sale or distribution and where 10 more cows or goats are in lactation.

Hog ranches and calf raising. This land use type refers to any premise used for the raising or keeping of 10 or more weaned animals.

Agricultural support services.

This land use type refers to uses supportive of the farm community which are fully compatible with agricultural uses. These include, but are not limited to, the following.

Single dwelling unit. A single dwelling unit is a detached structure or combination of structures designed and/or used to house not more than one family, including all domestic employees of such family in which is provided provisions for sleeping, eating, cooking, and sanitation as required by this Code and the Uniform Fire Code, and the Uniform Building Code. Single dwelling unit includes Transitional Housing and Supportive Housing when structured as a single dwelling unit, consistent with State law.

Multiple dwelling unit. A multiple dwelling unit is a series or combination of dwelling units, either attached or detached, designed to house more than one family (e.g., apartments, condos, single room occupancy facilities).

Mobilehome park.

Large residential care facility.

Boarding house.

Parolee home.

Professional services. Professional services include those establishments which provide advice, designs, information, medical treatment, commercial education, consultation, travel, job placement, advertising, finance, insurance and real estate services, generally from an office with no on-site storage of goods. This category includes all types of business offices and service-type businesses where service is basically on an individual-to-individual or firm-to-firm basis, as opposed to services which are performed on objects or personal property.

Retail trade/personal services. Retail trade/personal services include those establishments engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods. This classification also includes activities which primarily provide for care of the person or their apparel and which are typically needed frequently or recurrently.

Open lot services. This use includes commercial establishments which are primarily involved in the delivery of their service from an open lot with relatively few support structures.

Lodging services. This use includes establishments engaged in the provision of lodging services, normally on a daily or weekly basis, with incidental food and alcoholic beverages sales and service intended for the convenience of the guests at a hotel, motel, tourist court, or recreational vehicle park. Recreational vehicle parks shall not exceed 12 spaces per acre.

Recreation/Entertainment services. This use includes establishments that provide leisure-time activities and services which involve many people in a public assembly use where people either participate individually or are entertained by an activity.

Repair services. Repair services are those establishments engaged in the provision of repair services to individuals, households, and firms.

Convenience/Support services. This category includes establishments that provide convenience or support services to people in employment locations or to the traveling public in locations away from developed commercial centers. These limited services include food, beverage, gasoline, retail services, and minor automobile service.

Manufacturing operations. This category includes the on-site production of goods by methods other than those which are agricultural or extractive in nature, including the production of food and kindred products (the processing or production of natural or man-made solid or liquid food substances used for human or animal internal consumption); textile mill products (the preparation of fiber and subsequent manufacturing, drying, finishing or coating of fiber, thread, yarn, woven, knit, or nonwoven fabrics or miscellaneous textiles); apparel and other finished products (the manufacture of clothing and accessories by cutting and sewing purchased woven or knit textile fabrics and related materials); lumber and wood products (the cutting, planing, compression and finishing of wood articles, except furniture and related fixtures and miscellaneous household or office products made wholly or partially of wood); furniture and fixtures (the construction or assembly of furniture and related fixtures); paper and allied products (the manufacturing of pulp, paper [both recycled and paper products from wood], other cellulose fibers, used paper, and rag cloth); chemicals and allied products (the manufacture or processing of basic, organic or inorganic chemicals, including chemicals to be used in making other products and finished chemical products used for direct consumption or as industrial supplies); petroleum refining and related industries (the modification, refining, and mixing or storage of fossil fuels which are composed of petroleum or coal); rubber and miscellaneous plastic products (the manufacture from natural, synthetic or reclaimed rubber, and from chemicals or rubber or plastic products); stone, clay, and glass products (the manufacture of products from stone, clay, sand, and other non-metallic minerals, excluding fuels); primary metal industries (the smelting, refining, rolling, drawing, and alloying of metals, manufacture of metal castings and production of coke); fabricated metal products (the fabrication or further processing and assembly of metal parts into equipment or machinery); professional and scientific goods (the manufacture of instruments for measuring, testing, sensing, analyzing and controlling natural or manmade objects, physical conditions or states); and miscellaneous manufacturing (the manufacture or repair of products not included in any other category and mainly consisting of small household or office luxuries, recreational goods or supplies, and large-scale printing operations).

Wholesale/Warehouse operations. These operations include establishments which normally employ warehouses or display and office space for the assembly, storage, distribution, and display of commodities for sale to community or regional retailers, manufacturers, agricultural, institutional, or professional uses.

Contract construction services. This land use includes those establishments mainly engaged in construction activities and storage on lots other than construction sites.

Transportation services. This use includes activities of a public or commercial nature which move persons and goods from one place to another via roadways, railways, airways, or waterways.

Salvage operations. This use includes those establishments involved in the storage, sale, wholesale, and processing of salvage materials. These uses create major disruption to an area’s environment even when carefully regulated. Dust, dirt, noise, and unsightly conditions often prevail with these operations. This land use classification does not include recycling collection facilities.

Permitted land uses.

Land uses subject to conditional use permit.

Property development standards. The following property development standards shall apply to all land uses within the RL District.

Permitted uses.

Land uses subject to conditional use permit.

Property development standards. The following property development standards shall apply to all land uses within the RS District.

Permitted land uses.

Land uses subject to conditional use permit.

Property development standards. The following property development standards shall apply to all land uses within the RM District. Single Residential (RS) District development standards shall apply to all single-family land uses within the RM District. Projects are also subject to the Multiple Residential Design Standards of this code and the Citywide Design Guidelines.

Permitted land uses.

Property development standards. The following property development standards shall apply to all multi-family land uses within the RM-24 District.

Permitted land uses.

Land uses subject to conditional use permit.

Property development standards. The following property development standards shall apply to all land uses within the CN District.

Neighborhood Commercial (CN) District Accessory Sign Standards

Permitted land uses.

Land uses subject to conditional use permit.

Land Uses Subject to a Planned Development Review.

Property development standards. The following property development standards shall apply to all land uses within the CG District.

General Commercial (CG) District accessory sign standards.

Permitted land uses.

Land uses subject to conditional use permit.

Land uses subject to a planned development review

Property development standards. The following property development standards shall apply to all land uses within the CS District.

Service Commercial (CS) District accessory sign standards.

Permitted land uses.

Land uses subject to conditional use permit.

Property development standards. The following property development standards shall apply to all land uses within the IC District.

Community Industrial (IC) District accessory sign standards.

Permitted uses.

Land uses subject to conditional use permit.

Property development standards. The following property development standards shall apply to all land uses within the P District.

Permitted land uses.

Land uses subject to conditional use permit.

Property development standards. The following property development standards shall apply to all land uses within the IN District.

Institutional (IN) District accessory sign standards.

Permitted land uses.

Uses shall be permitted where shown to be consistent with the intent and provisions of the FW District as specified by the Yucaipa General Plan. Uses are only permitted where the property owner(s) understand that the use is placed at their own risk and that shall not obstruct and/or deflect flows onto other property.

If the regulations or standards of this section conflict with regulations or standards of other provisions of the Code, the more stringent regulations or standards shall govern.

Land uses subject to conditional use permit.

Property development standards. Development in the Floodway (FW) District, shall, in addition to the following provisions, be subject to the development standards set forth in Section 85.020325.

Permitted land uses.

Land uses subject to a conditional use permit.

Land uses subject to a planned development review.

Property development standards. The following property development standards shall apply to all land uses within the PD District.

Planned Development (PD) District accessory sign standards.

These standards may be modified by the Planned Development.

Permitted uses.

Land uses subject to conditional use permit.

Property development standards. The following property development standards shall apply to all land uses within the OS District.

*Only applies to parcels with no other Land Use District designations.

The location of the land use is determined by other land uses which are directly supported by the proposed use.

The land use is part of the community or regional infrastructure.

The location of the proposed use is determined by the location of raw materials in their natural state such as mineral deposits, natural vegetation, and energy sources.

The character of the proposed use is such that it requires a remote location away from other land uses.

The land use is deemed essential or desirable to the public convenience or welfare.

Alternate procedures.

Typical alternate procedures. The following procedures may qualify as such alternate review procedures.

Temporary and permanent government facilities and enterprises (federal, state, and local) where buildings and/or property are publicly owned or leased.

Temporary support facilities associated with highway construction and other public facilities including, but not limited to, batch plants and equipment storage yards.

Transportation facilities principally involved in the movement of people, together with the necessary buildings, apparatus, or appurtenances incidental thereto, including, but not limited to, airports, heliports, train stations, bus stations, and car pool facilities.

Institutional uses including, but not limited to, schools, colleges and universities, conference centers, hospitals, churches, rehabilitation centers, and organizational camps.

Museums, art galleries, and libraries.

Planetariums, aquariums, zoos, botanical gardens, and arboretums.

Historic and monument sites.

Cemeteries, including pet cemeteries, subject to Design Standards and the mapping requirements specified by this Code, Conditional Use Permit and Tentative Tract Map required to be filed concurrently.

Solid waste disposal sites, rubbish incinerators, and recycling centers (recycling centers limited to certain land use districts as described in Section 84.0625 of this division).

Sewer plants and sewage disposal sites.

Radio and television stations and towers.

Racetracks or stadiums.

Campgrounds not exceeding a density of four sites per acre.

Sports-oriented recreational uses requiring remote locations including, but not limited to, rifle, pistol and archery ranges, sky diving jump sites, off-road and recreational vehicle parks, marines, golf courses, hunting and fishing clubs, ski resorts, and recreational camps.

Gas pressure control stations, water treatment plants (purification), water storage tanks, gas production plants, petroleum pipelines, and pressure control stations.

Development of natural resources including, but not limited to, mineral deposits, extraction, natural vegetation, and energy sources, together with the necessary buildings, apparatus or appurtenances incidental thereto.

Correctional institutions.

Bail bond operation located within one mile of a correctional institution.

Arenas, field houses, auditoriums, and rodeo facilities.

Recreation and community centers, gymnasiums, and athletic clubs.

Wildlife and nature preserves, lakes, general recreation, leisure and ornamental parks open to the general public.

Industrial uses requiring extensive buffering from other land uses for the preservation of the health, safety, and welfare of the general public, restricted to areas designated as Improvement Level 4 or 5 as defined by the City’s General Plan.

Hazardous waste operations. Hazardous waste operations are those establishments involved in the transfer, storage, treatment, incineration, recycling, or disposal of waste material that could pose a threat to human health or the environment if not handled properly. These establishments include, but are not limited to, treatment, incineration, recycling, storage, transfer, residual repository and land disposal facilities.

Recreational vehicle storage.

In addition to the accessory use types and accessory uses specifically provided for by this section or elsewhere within the Development Code, each land use shall be deemed to include such other accessory uses which are necessarily and customarily associated with and are clearly incidental and subordinate to the land use. Whenever such accessory uses are questioned, it shall be the responsibility of the Building Official or Community Development Director to determine if a proposed accessory use meets the criteria set forth in this section. Prior to making a determination whether or not a proposed accessory use meets the criteria set forth in this section, the Building Official or Community Development Director shall give notice to all contiguous property owners in accordance with provisions for Staff Review with Notice.

The combination of accessory and primary use structures shall not exceed the maximum lot coverage specified by the land use district.

Permitted accessory buildings shall be located on either the same parcel as the main building or main use or shall be located on a contiguous abutting parcel that is owned by the same person who owns the parcel which has the main building or use. They shall be placed within the building envelope or as specified by the Table of Projections in Division 7.

Additional residential dwelling. Only one of the following shall be allowed on parcels of less than five acres. Each additional residential dwelling shall provide two additional parking spaces, except as otherwise provided by this Code.

Guest house. Guest housing is residential occupancy of a living unit, with bathroom plumbing only, located on the same parcel as the primary dwelling unit, but separated from it by at least 10 feet. This housing is for use by the occupants or temporary guests of the occupants of the premises and is not to be rented or otherwise used as a separate dwelling, except as provided by this section.

Carport and/or garage. Detached structures shall be limited to a four-vehicle capacity on lots less than 20,000 square feet. Vehicle capacity is calculated by multiplying a 14' x 19' parking space (adequate for handicapped persons) by the desired number of vehicles to be housed in the garage/carport. Additional storage space (approximately 136 square feet) is added, totaling 1,200 square foot maximum four-vehicle capacity. These provisions pertain to detached garages/carports only. Any detached carport or garage that is greater than 1,200 square feet in area, or more than 20 feet in height, or of an unconventional design (commercial or industrial) that may be incompatible with the surrounding residential area shall be subject to Planning Commission review and approval of a Special Use Permit.

Accessory structures such as a cabana, play yard, tennis court, porch, ramada, awning, patio slab, water tower and well, swimming pool, storage buildings, and similar uses shall be permitted. Parcels that are one acre or less shall be limited to only one detached storage building that exceeds 100 square feet, and such storage building shall not exceed 1,000 square feet. Any detached accessory structure, barn, workshop, or guest housing that is greater than 1,200 square feet in area, or more than 20 feet in height, or of an unconventional design (commercial or industrial) that may be incompatible with the surrounding residential area shall be subject to Planning Commission review and approval of a Special Use Permit.

Accessory animal raising as specified by Section 84.0560 of this chapter.

Special Use Permits shall be required for the following uses:

Exterior storage shall be fully and solidly screened and kept below the level of the fence or other screening mechanism.

Accessory crop production on lots of 10,000 square feet or less, with a temporary sales facility for plant or animal products grown on the subject property shall stand no greater than 200 square feet and which displays such produce for sale for no greater than 72 hours in any calendar month.

Private office for the sole use of the dwelling unit occupants, within a main building, and with no external advertising or signs.

Animal raising.

Row field tree and nursery crop and animal product sales stand shall be permitted. The retail trade of plant or animal products primarily grown on the subject property shall be allowed when displayed from one stand with a floor area not to exceed 200 square feet on lots greater than 10,000 square feet.

Accessory residential dwellings as specified by section 84.0550 of this chapter.

Parking structures and lots.

Accessory signs as specified by Division 7 and the Land Use District.

Recycling facilities subject to Special Use Permit.

Exterior storage shall be fully and solidly screened and kept below the level of the fence or other screening mechanism.

Accessory residential dwellings as specified by section 84.0550 of this chapter.

Parking structures and lots.

Accessory signs as specified by Division 7 and the Land Use District.

Recycling facilities subject to Special Use Permit.

Exterior storage shall be fully and solidly screened when adjacent to a non-industrial land use district and kept below the level of the fence for at least 10 feet from such fence or other screening mechanism.

Caretaker housing. Caretaker housing is the residential occupancy of a dwelling unit by the owners, operators, or caretaker employed to guard or operate part or all of the property on which the caretaker dwelling is located as an accessory use. The caretaker dwelling unit may be located either above the first floor or behind a primary commercial use.

Labor quarters. Labor quarters refers to the residential occupancy of single or multiple dwelling units with individual, shared, or no kitchen facilities to provide housing for the employees and their families of agricultural, mining, logging, major construction, scientific exploration, or other remote land uses.

This section establishes regulations to allow animal raising as an accessory use to a primary single dwelling unit. Combinations of the animal types are allowed, provided the following conditions are met.

All animal raising land uses shall comply with public health laws regarding proper care and maximum number of animals.

Each animal raising land use includes all structures necessary to maintain and care for such animals (e.g., barn, corral, stable, pens, and coops). Such structures shall comply with all development standards, including those specified by the land use district and this section.

Animal separation.

Accessory animal raising of densities greater than those specified by this section or of animal types different from those specified by this section shall be subject to a Special Use Permit (e.g., educational animal projects or temporary grazing operations).

Newborn animal exception. Offspring of animals maintained in accordance with applicable laws and regulations which are less than four months old or which have not been weaned, of any animals which are maintained in compliance with the provisions of this Code and any other applicable laws, ordinances and regulations shall not be subject to the maximum density or number limitations established by this Title.

Confined animals. Animals which are normally maintained in aquariums, terrariums, vivariums, bird cages, or similar devices each of which does not exceed 50 cubic feet and where such devices are maintained within an enclosed building shall be allowed as an accessory animal raising use. The maximum number or density limitations for these animal types shall comply with public health regulations.

Permitted accessory animal raising.

Purpose. The purpose of these provisions is to establish procedures for permitting an accessory dwelling unit on lots zoned for residential uses; to implement state law requiring consideration for such uses; and to protect and preserve existing neighborhoods by ensuring comprehensive established standards.

Definitions. The following definitions apply to this section only:

Accessory dwelling unit requirements.

The uses described in this chapter shall be permitted in a land use district subject to the issuance of a Special Use Permit. Special Use Permits are required to regularly monitor the operation of certain land uses to insure their continued compatibility with the surrounding property.

Failure to comply with all conditions of this section shall render the Special Use Permit to be null and void and subject to all enforcement, criminal and civil penalty provisions of this Development Code and all other remedies and penalties provided by law, and are not limited or superseded by these sections.

Special Use Permit applications shall be denied if there are any violations of Yucaipa City Code Division 3, Chapters 1 through 11, on the property for which the application is filed, and appropriate legal action will be taken to abate such violation.

The Community Development Director and/or the Building Official may add additional conditions or requirements as deemed necessary to any Special Use Permit.

Special Use Permits shall be renewed annually, unless otherwise specified by this chapter, and inspections will be conducted by the Community Development Department prior to each annual renewal.

One (1) detached dependent housing unit as defined in Division 12 of the Development Code may be permitted per parcel in any land use district as a temporary accessory use to any permitted single dwelling unit; provided, however, that there is only one single dwelling unit occupying the site.

Requirements.

Findings. Prior to acting upon an application for a Special Use Permit for a dependent housing unit, the reviewing authority shall find that all of the following are true.

Conditions.

The keeping of exotic animals as defined in Division 12 and as determined by the County Veterinarian shall be permitted as an accessory use to single dwelling unit, subject to the following regulations.

Requirements.

Conditions. Any action to approve a request for an exotic animal Special Use Permit shall include the following conditions, in addition to any conditions deemed appropriate by the reviewing authority.

Home occupations and cottage industries are commercial uses which are accessory to a residential land use where such a use will clearly not alter the character or the appearance of the residential environment. Home occupations and cottage industries shall be permitted as accessory uses to a residential land use, subject to a Home Occupation Permit and to the following conditions. Home occupation and cottage industry standards are divided into three groups of provisions.

General standards. All home occupations and cottage industries shall adhere to the following standards.

Home occupation standards. Home occupations are allowed on any property that is within a land use district that allows residential uses, subject to a Home Occupation Permit and the following provisions.

Cottage industry standards. Cottage industries are allowed on properties that are at least one acre in area within land use districts that allow residential uses and which require a minimum lot area of 2.5 acres or greater, subject to a Home Occupation Permit and the accordance with the following conditions.

Requirements. No person, corporation, or legal entity shall place or permit the placement and/or operation of any recycling facility, including a reverse vending machine, collection facility, or processing facility without first obtaining any permits required pursuant to the provisions set forth in this chapter. Recycling facilities may be permitted as set forth in the following table.

(Note: All facilities, in addition to other designated permits, may be subject to a Special Use Permit and/or health permits as may be required in Title 3 of the City Code.)

Criteria and standards. Recycling facilities subject to Conditional Use Permit and/or Special Use Permit, shall meet the applicable criteria and standards listed below, provided that the Director of Community Development, Planning Commission, or City Council, as the case may be, may relax such standards or impose stricter standards at their discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this chapter and the purposes of this Code. The criteria and standards for recycling facilities are as follows.

Site clean-up required. The operator and host business of any recycling collection or processing facility shall, on a daily basis, remove any and all recyclable materials or solid wastes which have accumulated or are deposited outside the containers, bins, or enclosures intended as receptacles for such materials. Upon the failure to remove said materials, the City may deem them to be abandoned and may enter the site to remove the materials. The property owner(s) of the premises and the operator of the facility shall be liable for the full cost of any such clean up work done by the City.

The establishment of private kennels shall be subject to the following regulations.

Conditions. Any action to approve a request for a private kennel permit as an accessory use shall include the following conditions.

Any use that is the subject of an approved Conditional Use Permit in accordance with the provisions of Division 3 may also be made subject to the issuance of a Special Use Permit.

Special Use Permits may be issued for limited time periods. New applications may be required for Special Use Permit renewal.

Any newly constructed detached carport or private garage as defined in Division 12 of the Development Code that is greater than 1,200 square feet in area, or more than 20 feet in height, or of an unconventional design (commercial or industrial) that may be incompatible with the surrounding residential area shall be subject to Planning Commission review and approval of a Special Use Permit prior to the issuance of building permits. This Special Use Permit shall be a one-time permit that will remain valid for the life of the structure.

Any newly constructed detached accessory structure, barn, workshop, or guest housing as defined in Division 12 of the Development Code that is greater than 1,200 square feet in area, or more than 20 feet in height, or of an unconventional design (commercial or industrial) that may be incompatible with the surrounding residential area shall be subject to Planning Commission review and approval of a Special Use Permit prior to the issuance of building permits. This Special Use Permit shall be a one-time permit that will remain valid for the life of the structure.

Findings. Prior to acting upon an application for a Special Use Permit for a detached carport, private garage, or other detached accessory structure, the reviewing authority shall find that all of the following are true.

All new construction on existing parcels within the Custom Home (CH) Overlay District shall be subject to the review and approval of a Special Use Permit by the Planning Commission whenever unconventional designs are proposed (i.e., dome houses, “themed” structures, metal buildings or components, etc.).

Findings. Prior to acting upon an application for a Special Use Permit for design review, the reviewing authority shall find that all of the following are true:

The uses described in this chapter shall be permitted in any land use district subject to the issuance of a Temporary Use Permit (TUP) in accordance with the provisions of Division 3 and as otherwise specified by this chapter. In order to establish such a use, a person must submit a permit application and remit the appropriate fees to the Community Development Department or the Office of Building and Safety and then obtain approval of the permit and any allowed extension thereof.

Permit and permit extension actions may be appealed or referred to the next succeeding reviewing authority as specified by Division 3 of the Development Code. Such appeals shall consider compliance of the proposed action with the provisions of this chapter.

All temporary uses shall be subject to the following, where applicable.

A Temporary Use Permit may be issued for the interim operation of any use requiring a Conditional Use Permit for a period of time not to exceed one year, provided such permit does not authorize the construction or establishment of any new permanent structures and the Planning Agency makes the findings required for approval of a Conditional Use Permit. The Temporary use Permit application shall be filed concurrently with an application for Conditional Use Permit, where appropriate.

A Temporary Use Permit may be issued for the interim operation of an exterior storage area or short-term exterior sales display area for a period of time not to exceed 30 days in any land use district.

Temporary residential quarters for individuals involved in the construction of the first permanent dwelling unit on the same parcel shall be permitted. Such a TUP shall be valid only if there is a current and valid Building Permit issued by the Building Official or a valid Mobilehome Setdown Permit issued by the Community Development Department for the permanent dwelling unit.

Temporary residential quarters for security personnel engaged in the short-term protection of a legally established and permitted commercial, commercial agricultural, industrial, or institutional use, or for construction projects which have current and valid permits issued by the Office of Building and Safety shall be permitted.

TUPs for temporary security quarters or extension thereof shall not be granted for any period of time to exceed five years from the date the original TUP was issued. If security quarters are needed for a longer term than three years, a caretaker’s residence should be established in accordance with the provisions of the applicable land use district.

The provisions of this section shall not be construed to limit the authority of a public school, pursuant to law, to provide a manufactured home on school property for the purpose of housing a person or persons employed by the district as a watchman or caretaker of school property on a twenty-four hour basis.

Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which the use has been approved or the expiration of the time for which the approval has been granted.

Manufactured homes, commercial coaches, self-contained recreational vehicles, mobile office vehicles, and appropriate structures constructed in accordance with the Uniform Building Code may be used for temporary nonresidential quarters, subject to the issuance of a Temporary Use Permit in accordance with the provisions of Division 3. Such temporary nonresidential quarters may be used to provide temporary office, retail, meeting assembly, wholesale, manufacturing and/or storage space for commercial, commercial agricultural, industrial, or institutional uses for a specified temporary period of time. Such quarters shall only be an interim substitute until permanent structures can be constructed or repaired, or until a short-term need has been satisfied.

The City Planner shall determine through the Land Use Compliance Review that the proposed use has adequate access, circulation, parking, fencing, lighting, signage, landscaping, and appropriate buffering from abutting uses as required by this Code and the applicable land use district.

A TUP for temporary nonresidential quarters and extension(s) thereof, shall not be granted for any period of time to exceed five years from the date the original TUP was issued.

Dwelling units may be used for temporary real estate model home/sales offices located in residential developments and subdivisions subject to the issuance of a Temporary Use Permit.

Said model home sales office may be used only for conducting the necessary activities related to the initial sale or initial lease of the land or structure located within the residential development or subdivision in which the sales office is located, or such adjacent residential developments or subdivisions that are a part of or a continuation of the same development.

At least one model home shall be fully landscaped with drought-tolerant xeriscape materials.

Intent. The provisions of this section are intended to regulate the use of a single family dwelling unit when used as a temporary sales office and model home for the sale of construction services to build single family residential units on vacant lots. These provisions are not intended to allow a permanent or temporary real estate office involved in real estate sales other than those involving lots sold in conjunction with the construction services being offered.

Findings.

Prior to the issuance of a Temporary Use Permit, the reviewing authority shall find and justify the following to be true.

The proposed On-Your-Lot Builder Model Home/Sales Office structure will not have an adverse effect on adjacent properties.

Conditions. Prior to approving the request for or request to extend a Temporary Use Permit for an On-Your-Lot Builder Model Home/Sales Office, the proposed use shall comply with the following.

Existing uses. All existing On-Your-Lot Builder Model Home/Sales Offices shall be required to obtain a Temporary Use Permit for their use. Such permits, together with approved annual extensions, will allow these uses to continue for an additional five years from the effective date of this section without penalty, provided such uses comply with the provisions and conditions established by or under the authority granted by this section.

The site where a TTTU will be located and operated complies with the siting criteria and procedures identified in the City of Yucaipa Hazardous Waste Management Plan.

The Community Development Director shall determine through the Land Use Compliance Review that the proposed TTTU use will not create additional health risks as demonstrated by a site-specific, health-risk assessment.

Any permit issued pursuant to this section in conjunction with a TTTU shall become invalid upon violation of a permitting requirement or completion of the project or the expiration of the time for which the approval has been granted.

An annual inspection by the Community Development Department shall be made in order to ensure compliance with any conditions of approval.

A TUP for a temporary transportable treatment unit and extension(s) thereof shall not be granted for any period of time to exceed five years from the date the original TUP was issued.

Uses existing under valid land use permits issued in conformance with the provisions of the Development Code shall be considered conforming uses, except that this shall not preclude their becoming non-conforming due to reclassification of land use districts under this Code.

Any legal non-conforming building may be continued and maintained, provided there are no structural alterations, except as provided below in Sections 84.0810(b) and 84.0815.

Any legal non-conforming use may be continued, provided there is no increase of the space devoted to such use.

Any part of a building or land occupied by a non-conforming use which is changed to or replaced by a use conforming to the provisions of this Code as they apply to the particular district shall thereafter be used or occupied only by a conforming use.

Any part of a building or land occupied by a non-conforming use, which use is discontinued for 180 days or more shall thereafter be used in conformity with the provisions of this Section. The provisions of this section shall not prevent the reconstruction, repairing, or rebuilding and continued use of any non-conforming buildings or buildings damaged by any natural or man-made catastrophe subsequent to the effective date of this Code, wherein the cost of such reconstruction, repairing, or rebuilding does not exceed 100% of the reasonable value of such building or buildings constituting a single enterprise at the time such damage occurred.

Every legal non-conforming use which was designated or intended for a use not presently permitted in the district where it is located shall be completely removed or altered to conform to the requirements for the uses permitted in such district within a time fixed by the Planning Agency. Such time for removal or alteration may not be fixed for a date before the expiration of the normal life of any building as determined by the Planning Agency. Such determination of the normal life of a non-conforming building and the fixing of time for its removal or alteration may only be made after notice to the owner.

An order for removal or alteration shall require such action on a date no less than five years from the time such an order is made. It shall be the duty of the Planning Agency to give the owner of the affected use or building written notice thereof immediately upon the order becoming final and again not less than 60 or more than 180 days prior to the date such removal or alteration is required to be completed. If the Planning Agency fails to give this second notice within the above time period, the owner shall be given 60 days from the notice’s actual postmark date.

A residential structure which complied with any applicable development standards at the time of its construction and which is utilized for residential purposes in a Land Use District which allows such residential uses is not subject to provisions of this chapter, even though it does not comply with the residential design standards established by the Land Use Districts or the Alternate Housing Standards Overlay District.

Any commercial chicken ranch legally existing at the time of a district change to a residential district may thereafter continue in operation and expand the flock to the full limit and extent of chicken houses, cages, brooders, and similar appurtenant structures existing on the premises at that time, provided that a Certificate of Land Use Compliance is recorded, including an existing use site plan prior to the effective date of the district change.

In the event such a commercial chicken ranch desires the addition of chicken houses, cages, brooders, or similar structures beyond those existing as enumerated above, an approved Conditional Use Permit is required, including findings for alteration of a nonconforming use.

The legal non-conforming use of land where no structure is existing at the time the Development Code became effective, may continue for a period of not more than 10 years here from, provided the following conditions apply.

Any legal non-conforming commercial primary or accessory signs existing at the time this Code became effective may be continued, although such use does not conform with the provisions thereof, provided, however, that all such non-conforming signs and their supporting members shall be completely removed by their owners not later than five years from the effective date of this Code.

The foregoing provisions shall also apply to all buildings and land uses which hereafter become non-conforming due to any reclassification of districts under this Code.

A legal non-conforming use may only be altered after review and approval of a Conditional Use Permit with the additional findings required for such non-conforming use alterations.

Any alteration required by governmental or court action shall be exempt from these conditions.

Restrictions and conditions affecting a non-conforming use shall apply to the existing use, land, and structures and shall not be affected by ownership changes.

Notwithstanding the provisions regarding Conditional Use Permit or variance, the Building Official may allow the construction of an additional modification to a legally existing structure within a current yard setback area, as established by an applicable residential Land Use District, when such legally existing building is within the yard setback area, and provided such additional modification does not exceed the projection of the existing structure into such current yard setback area and does not come closer than three feet to any property line.

The requirement for a Conditional Use Permit shall not apply to non-conforming residential uses, where such uses are being expanded or modified by no more than 25% of the floor space or ground area existing at the time such use became a non-conforming use.

The requirement for a Conditional Use Permit shall not apply to any non-conforming use or structure which is being expanded, altered, or modified to more closely approximate or exceed the standards of this Code with which it does not currently conform.

Commercial marijuana activity is prohibited in all zones and all specific plan areas in the City, unless otherwise provided by the Municipal Code. No person shall otherwise establish, operate, maintain, conduct or allow commercial marijuana activity anywhere within the City. The prohibitions set forth in this section shall not apply to any conduct allowed under local law pursuant to Health and Safety Code Section 11362.1.

A property owner shall not rent, lease or otherwise permit any business that engages in unauthorized commercial marijuana activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in unauthorized commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City.

In addition to any other enforcement authorized under Chapter 2 of Division 1 of the City Development Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.

Notwithstanding the penalties set forth in Chapter 2 of Division 1 of the City Development Code, this Chapter 9 does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq., or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 2 of Division 1 of the Development Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.