Chapter 18.68
ACCESSORY BUILDING USE PERMITS

Sections:

18.68.02    Intent and Purpose.

18.68.04    Initiation.

18.68.06    Application.

18.68.08    Investigation of Application for an Accessory Building Use Permit.

18.68.10    Concurrent Procedures.

18.68.12    Public Noticing on Application for Accessory Building Use Permit.

18.68.14    Conditions Necessary to Granting an Accessory Building Use Permit.

18.68.16    Conditions of Approval.

18.68.18    Force of Conditions of Approval.

18.68.20    Size, Layout, and Design of Accessory Buildings.

18.68.22    Variance from Allowed Sizes.

18.68.24    Appeals of Actions Taken on an Accessory Building Use Permit Application.

18.68.26    Administration of Accessory Building Use Permits.

18.68.28    Reapplication for Accessory Building Use Permit.

18.68.30    Revocation and Expiration of Accessory Building Use Permit.

18.68.32    Biannual Review of Accessory Building Regulations.

18.68.34    Training for Implementation of Accessory Building Regulations.

18.68.02 Intent and Purpose.

It is hereby found and declared that the City of Norco lies in a natural setting of rural, scenic and historical beauty; that this rural environment generates a strong characteristic for development of Norco as a new equestrian focal point in Southern California; that this unique rural environment and historically significant location contribute a material economic advantage to the citizens, business, and industry within the City and particularly to the property owners who reside therein; and that development in an orderly manner with compatible uses and appearances of structures within and between zones and with the natural rural environment is necessary to maintain such historic and economic advantage, to stabilize, protect, and maintain property values, and to encourage permanence of desirable residential areas.

The purpose of the accessory building use permit is to review the location, architectural design, and/or conduct of certain land uses associated with accessory buildings in residential and agricultural zones. Accessory buildings and their associated uses can have a unique and distinct impact on the area and surrounding properties in which they are located, and thus require special review and conditions as needed. An accessory building use permit may be granted at the discretion of the Planning Commission, or City Council on appeal, whichever is the approving body, and is not the automatic right of any applicant.

Accessory buildings that are 240 square feet or smaller and not higher than 14 feet are exempt from having to be reviewed by the Planning Commission prior to the issuance of a building permit. (Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.04 Initiation.

An accessory building use permit may be initiated by the owner or owners (or their authorized agents) of property in the City, only where the proposed use is specifically authorized by the zoning that applies to the subject property. (Ord. 1019 Sec. 1, 2017)

18.68.06 Application.

Application for an accessory building use permit shall be made on a form provided by the Planning Department, and shall be accompanied by the following:

(1)    The name and address of the applicant; evidence that the applicant is the owner of the parcel or premises involved, or that there is permission from the owner to make such application, including a legal description of the subject parcel or premises.

(2)    An application fee to assist in defraying the expense of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed herein. This fee shall be in accord with a schedule established by resolution of the City Council and shall be nonrefundable.

(3)    Nine copies of a site plan, containing all the information required by Section 18.40.08 (Content of a Site Plan) using the terms and criteria of said chapter as modified in the accessory building use permit review application.

(4)    Such other information as the Planning Commission or City Council may require, that could include, but not limited to, engineering studies for grading and drainage, architectural plans for consistency with the primary dwelling, etc.

(5)    Responsibility for Accuracy. The applicant shall be solely responsible for the accuracy of information submitted as part of their application. Submission of inaccurate plans, legal descriptions, application requirements, and other information may be cause for invalidation of all actions regarding this petition.

(6)    Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City, and there shall be attached to each such application copies of all reports, notices and actions pertaining thereto. (Ord. 1019 Sec. 1, 2017)

18.68.08 Investigation of Application for an Accessory Building Use Permit.

The Commission shall cause to be made such investigation of facts bearing on the application for an accessory building use permit as will provide necessary information to ensure that the action on each such application is consistent with the intent and purpose of this chapter. (Ord. 1019 Sec. 1, 2017)

18.68.10 Concurrent Procedures.

In considering the accessory building use permit application, the Commission, and Council on appeal, shall review the proposed plans pursuant to Chapter 18.40 (Site Plan Review), using the terms and criteria of said chapter as modified in the accessory building use permit review application. (Ord. 1019 Sec. 1, 2017)

18.68.12 Public Noticing on Application for Accessory Building Use Permit.

Not less than 10 days prior to the decision date by the Planning Commission (or the City Council on appeal), the City shall mail notices of the proposed accessory building use to all property owners as shown on the last equalized assessment rolls within a 300-foot radius, or to the radius needed to reach 25 properties, of the property boundaries of the proposed accessory building site. Appeals on the accessory building use permit application shall be noticed similarly. (Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.14 Conditions Necessary to Granting an Accessory Building Use Permit.

Before an accessory building use permit may be granted the approving body shall make a finding from the evidence as submitted, that the following conditions exist in reference to the property being considered:

(1)    The requested accessory building use permit is consistent with the General Plan and zoning requirements of the zone in which the property in question is located including the protection of adequate open animal areas on lots where the keeping of large animals is permitted.

(2)    The requested accessory building use permit will not have an adverse effect on the public convenience or general welfare of persons residing or working in the neighborhood thereof and will not adversely affect adjoining land uses including runoff and drainage impacts and architectural compatibility. (Ord. 1019 Sec. 1, 2017)

18.68.16 Conditions of Approval.

In the granting of an accessory building use permit conditions may be included to which the building or the lot or parcel where it is approved may be used, or the building constructed or altered, with requirements that can include but not be limited to use, architecture, height of building, open spaces, on-site parking and access areas, and conditions of operation that the approving body may consider necessary to prevent damage or prejudice to adjacent properties, and/or detriment to the welfare of the community. (Ord. 1019 Sec. 1, 2017)

18.68.18 Force of Conditions of Approval.

Any restrictions or conditions required by the approving body or other approving body on appeal in the granting of an accessory building use permit under the provisions of this chapter must be complied with. If such conditions or requirements are not met, the Planning Commission shall hold a hearing in the manner as set forth in Chapter 18.46 (Revocation and Expiration of Permits and Variances).

(1)    Upon revocation, further use or maintenance of the building authorized by the accessory building use permit shall constitute a violation of this chapter. (Ord. 1019 Sec. 1, 2017)

18.68.20 Size, Layout, and Design of Accessory Buildings.

(1)    Large Vehicle Parking Building (Recreational and Agricultural Vehicles).

(a)    Maximum height: 16 feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the peak shall be 18 feet.

(b)    Maximum allowed size: 1,000 square feet.

Additional allowed square footage for other accessory building use:

Size: 400 square feet at the following maximum allowed heights.

Height: Maximum height at eave: eight feet; maximum building height: 14 feet.

(c)    Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.

(d)    All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement.

(e)    The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.

(f)    Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for articulation.

(g)    No interior wall separations are allowed with the exception of the washroom/restroom.

(h)    Exterior wall finishes shall include materials, style, and colors of the primary dwelling (e.g., brick, siding, stucco, etc.); or can consist of materials, features, and colors typical of a barn vernacular, for approval by the Architectural Review Subcommittee (ARC) pursuant to the requirements of Chapter 18.41 (Architectural Review) prior to proceeding to the Planning Commission for its review.

(i)    A five-foot buffer shall be maintained around the required open animal area where the open animal area is adjacent to a property line or an existing or proposed structure.

(j)    For any RV dump, interior floor drainage, and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include an RV dump, interior floor drainage, or restroom without prior connection (including fees) to the City sewer system.

(2)    Animal-Keeping Shelters for Large Animals (Animals Counted as an “Animal Unit”).

(a)    Maximum height: 10 feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the peak shall be 18 feet.

(b)    Maximum allowed size: equal to the allowed number of animal units (AUs) on the subject property multiplied by 225 square feet, plus an additional 225 square feet for every five AUs allowed for tack and feed storage.

(c)    Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.

(d)    All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement.

(e)    The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.

(f)    Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for function.

(g)    The only allowed interior wall separations are for stall enclosures, the separate tack and feed rooms, and for the washroom/restroom.

(h)    No roll-up garage doors are allowed.

(i)    Buildings shall include open ventilation areas and any windows that are below eight feet measured from the floor to the bottom of the window frame shall not include glass, acrylic, or other type of window pane/cover that can shatter.

(j)    There shall be no electrical outlets within wall enclosures to keep animals. Any outlets shall only be located in a breezeway, tack or feed room, or in the washroom/restroom. Interior lights shall only be located on the ceiling or hanging not lower than 10 feet measured from the floor.

(k)    For any interior floor drainage and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include interior floor drainage or a restroom without prior connection (including fees) to the City sewer system.

(3)    All Other Accessory Buildings (Includes Animal-Keeping Shelters for Small Animals).

(a)    Maximum height: eight feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the building peak is 14 feet.

(b)    Maximum allowed size: the lesser of 864 square feet or one-third the square footage of the primary dwelling footprint.

(c)    Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.

(d)    All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement.

(e)    The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.

(f)    Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for articulation.

(g)    No interior wall separations are allowed with the exception of the washroom/restroom.

(h)    Exterior wall finishes shall include materials, style, and colors of the primary dwelling (e.g., brick, siding, stucco, etc.); or can consist of materials, features, and colors typical of a barn vernacular, for approval by the Architectural Review Subcommittee (ARC) pursuant to the requirements of Chapter 18.41 (Architectural Review) prior to proceeding to the Planning Commission for its review.

(i)    A five-foot buffer shall be maintained around the required open animal area where the open animal area is adjacent to a property line or an existing or proposed structure.

(j)    For any interior floor drainage and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include interior floor drainage or a restroom without prior connection (including fees) to the City sewer system.

Exhibit 18.68.20-1, Graduated Setback Requirement

(Ord. 1052 Sec. 1, 2019; Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.22 Variance from Allowed Sizes.

Notwithstanding whether the proposed structure is equal to or less than the maximum square footage, all findings contained in Section 18.68.14 must be made. Any proposed structure larger than the maximum allowed may only be requested as a variance pursuant to Chapter 18.44 and the findings required by Section 18.44.16 must be made; that is, because of special circumstances, applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of Section 18.68.20 deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. (Ord. 1019 Sec. 1, 2017)

18.68.24 Appeals of Actions Taken on an Accessory Building Use Permit Application.

Any appeals on the actions taken regarding an accessory building use permit application shall be held and governed by the provisions of Chapter 18.43 (Hearings and Appeals Therefrom). (Ord. 1019 Sec. 1, 2017)

18.68.26 Administration of Accessory Building Use Permits.

(1)    All acts under this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this chapter shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this chapter or map.

(2)    The site plan submitted with an application, together with the conditions, if any required by the approving body, shall be kept on file in the office of the Planning Director and shall be referred to prior to issuing a building permit. Where there is a substantial change from the original site plan, said plan shall be referred to the approving body for action under the procedures of this chapter. No modifications to the conditions of the original approval granting the accessory building use permit shall be permitted without approval of the original approving body. In case of such a review, a new application, filing fee and procedure may be required.

(3)    A copy of the approved site plan, together with the conditions, if any required by the approving body, shall be recorded with the Riverside County Recorder’s Office prior to the issuance of a building permit.

(4)    All accessory buildings approved with an accessory building use permit shall be subject to immediate inspection by City officials upon a 24-hour notice to the resident to ensure that no unauthorized use or code violation is occurring pursuant to the approved permit. The request by City officials for immediate inspection shall only be instigated from valid complaints where evidence suggests that a violation may be occurring.

(5)    The storage of equipment and/or chemicals shall not be more than what is determined to be a safe level for legal residential use pursuant to applicable State and County regulations. (Ord. 1019 Sec. 1, 2017)

18.68.28 Reapplication for Accessory Building Use Permit.

The City shall not accept for filing nor consider any application for an accessory building use permit on premises for which a similar accessory building use permit application was denied by the City, irrespective of who the applicants are on either application, until 12 consecutive calendar months have expired from the date of the final decision of the City denying the earlier application, unless such final decision was a denial with the grant of the privilege that a similar application may be filed sooner than 12 consecutive months from the date of said decision. (Ord. 1019 Sec. 1, 2017)

18.68.30 Revocation and Expiration of Accessory Building Use Permit.

The provisions of Chapter 18.46 (Revocation and Expiration of Permits and Variances) shall apply. (Ord. 1019 Sec. 1, 2017)

18.68.32 Biannual Review of Accessory Building Regulations.

A biannual review of the adopted regulations shall be scheduled, including the number of accessory building use permits issued during that time period, to update the regulations as needed based on implementation issues. (Ord. 1019 Sec. 1, 2017)

18.68.34 Training for Implementation of Accessory Building Regulations.

Training of staff and decision-makers involved in the review of accessory building regulations shall occur once the adopted regulations become effective, and shall occur thereafter as revisions to the code may occur from the biannual reviews. (Ord. 1019 Sec. 1, 2017)