Banning Municipal Code § 17.08.020 Permitted, conditional and prohibited uses

A. This chapter is intended to achieve and improve the liveability of Banning's residential neighborhoods, and to protect the property values of Banning homeowners, by:

1. Prohibiting uses which are incompatible with quiet residential living.

2. Creating zones and neighborhoods which differ from one another in intensity of use and density of dwellings.

3. Welcoming a broad diversity of housing types (and people) from farm-based, to rural, to mobile homes, to multifamily dwellings and apartment buildings, to suburban style housing, and to low density, estate style residential development.

4. Providing sufficient safeguards for the City's inhabitants through ensuring sufficient light, clean air, privacy and green space for each dwelling.

5. Minimizing the negative impacts of traffic intensity (such as noise, polluted air, gridlock, and danger to pedestrians), in residential neighborhoods.

6. Protecting residential neighborhoods from illumination spillage, foul or hazardous odors, smoke, and other negative by-products from non-residential segments of the city.

7. Planning for the provision of public improvements and infrastructure to serve Banning's growing residential neighborhoods.

8. Locating new development to retain the scale and character of existing residential neighborhoods.

9. Improving declining and mixed use residential neighborhoods.

10. Improving the pedestrian or equestrian connections between neighborhoods, and pedestrian access from neighborhoods to commercial areas.

11. And by allowing the growth of the City to occur on vacant and underutilized properties in the City.

B. There is a different purpose for each zoning district. An explanation of each of the City's residential zoning districts follows:

1. Ranch/ Agriculture (R/A) District (1 Du/10 Acres). This district allows detached single family homes on lots of at least ten acres. Also permitted are agricultural and ranching activities, animal keeping (both personal and commercial use), and animal-keeping or agricultural related commercial enterprises, such as feed stores, commercial stables and similar uses. Bed and breakfast lodging and similar uses may be appropriate in this district, with the approval of a conditional use permit. If density transfers from the Ranch/Agriculture Residential -Hillside district are applied to a Ranch/Agriculture Residential parcel, the maximum density shall be one dwelling unit per 5 acres.

2. Ranch/ Agriculture Residential — Hillside (RAR-H) (1 du/10 acres). This zoning district is assigned to lands in the foothills. Portions of the site exceeding 25% slope as well as the ridgelines are to be preserved as open space, but density may be transferred to developable areas. If a density transfer is applied, the maximum density for the developable lands shall be one dwelling unit per 5 acres.

3. Rural Residential (RR) (0-1 du/acre). This zoning district allows detached single family homes on lots of at least one gross acre. Uses also permitted include agricultural and ranching activities, animal keeping (both personal use and commercial). Bed and breakfast lodging and similar uses may be appropriate with the approval of a conditional use permit. Animal-keeping or agricultural related commercial enterprises, such as feed stores, commercial stables and similar uses may be appropriate with approval of a conditional use permit.

4. Rural Residential - Hillside (RR-H) (0-1 du/acre). This zoning district is assigned to lands in the foothills. Portions of the site exceeding 25% slope as well as the ridgelines are to be preserved as open space, but density may be transferred to developable areas. All other RR development standards apply. If a density transfer is applied, the maximum density allowable is 2 units to the acre, and the standards of the Very Low Density Residential district will be applied.

5. Very Low Density Residential (VLDR) (0-2 du/acre). This zoning district allows detached single-family homes at a density of up to 2 units per acre. May be appropriate for bed and breakfast and similar uses. Animal keeping is permitted according to Zoning restrictions.

6. Low Density Residential (LDR) (0-5 du/acre). This zoning district allows the development of attached and detached single family homes, in traditional subdivisions and planned communities. The clustering of condominiums and townhomes may be appropriate with the provision of common area amenities and open space, when a Specific Plan or Planned Unit Development is prepared. Bed and breakfasts and similar uses may be appropriate with the approval of a conditional use permit. Home Occupations are permitted with approval of a Home Occupation permit.

7. Medium Density Residential (MDR) (0-10 du/acre). This zoning district allows the development of attached and detached single family homes, in traditional subdivisions and planned communities. Also allows condominiums and townhomes, garden apartments and duplexes, with the provision of common area amenities and open space. The clustering of condominiums and townhomes may be appropriate with the provision of common area amenities and open space. Bed and breakfasts and similar uses may be appropriate with the approval of a conditional use permit. Home Occupations are permitted with approval of a Home Occupation permit. May also be appropriate for convenience retail commercial ("corner store" type development such as convenience stores, grocery or green grocer, video rental, drug stores, sit down restaurants, coffee shops or coffee bars or similar uses), less than 5,000 square feet in total square footage, with approval of a conditional use permit. Mixed use projects, which combine residential and commercial uses, are appropriate with approval of a Planned Unit Development.

8. High Density Residential (HDR) (11-23 DU/AC. Allows condominiums and townhomes, as well as apartments with the provision of common area amenities and open space. The clustering of condominiums and townhomes is appropriate with the provision of common area amenities and open space. Mobile home parks and subdivisions with the provision of common area amenities and open space may also be appropriate, with the approval of a conditional use permit. Home Occupations may be appropriate with approval of a Home Occupation permit.

9. Mobile Home Park (MHP). The district applies to existing mobile home parks or subdivisions within the City. Only mobile parks and subdivisions are permitted.

10. Reserved.

11. Very High-Density Residential (VHDR) (24—30 DU/AC. Allows condominiums and townhomes, as well as apartments with the provision of common area amenities and open space. The clustering of condominiums and townhomes is appropriate with the provision of common area amenities and open space. Home occupations may be appropriate with approval of a home occupation permit.

(Zoning Ord. dated 1/31/06, § 9102.01.)

(Ord. No. 1466, § 3(3), (5), 8-13-13; Ord. No. 1482, § 3(1), 1-13-15; Ord. No. 1530, § 4L, 9-25-18; Ord. No. 1583, § 2, 10-11-22; Ord. No. 1600, § 2, 2-27-24)

_____

The following list represents those uses in the residential districts which are Permitted (P), subject to a Conditional Use Permit (C) or Prohibited (X):

Table 17.08.020

Permitted, Conditional and Prohibited Residential Uses

1 Small family day care homes are permitted by right in single-family residences located in any residential zone. Small family day care homes are not permitted in multiple-family residences.

2 Large family day care homes are conditionally permitted in single-family residences located in any residential zone. Large family day care homes are not permitted in multiple-family residences.

3 Neighborhood-oriented retail stores, as defined in the General Plan, consist of "corner store" type development such as convenience stores, grocery or green grocer, video rental, drug stores, sit down restaurants, coffee shops or coffee bars or similar uses, less than five thousand square feet in total square footage.

4 Temporary uses require temporary use permit. See Chapter 17.108 for provisions.

5 Agricultural employee housing allowed with up to twelve units or thirty-six persons, and/or up to six workers as a single-family use.

6 Cannabis Personal Cultivation must comply with the provisions of Chapter 5.34.

7 Affordable housing developments pursuant to Government Code Section 65583.2 and located within the multi-family housing zoning districts are permitted by right without a public hearing or discretionary action and, in the VHDR district, are permitted at a minimum density of 24 dwelling units to 30 dwelling units per acre.

(Zoning Ord. dated 1/31/06, § 9102.02; Ord. No. 1392, § 2.)

(Ord. No. 1466, § 3(4), (6), 8-13-13; Ord. No. 1467, §§ 4, 6, 8-13-13; Ord. No. 1482, § 3(2), 1-13-15; Ord. No. 1496, § 3(2), 5-10-16; Ord. No. 1507, § 3.2.2, 3-14-17; Ord. No. 1509, § 3, 4-11-17; Ord. No. 1510, § 3(2), 9-11-17; Ord. No. 1512, § 6, 10-10-17; Ord. No. 1523, § 3B, 7-10-18; Ord. No. 1531, § 3B, 11-13-18; Ord. No. 1552, § 5, 1-28-20; Ord. No. 1577, § 13, 9-28-21; Ord. No. 1583, §§ 3,4, 10-11-22; Ord. No. 1600, § 3, 2-27-24; Ord. No. 1605, § 2, 7-9-24)