Menifee Zoning Code Ch. 9.18 Land Use and Business Registration

Contents:

9.18.010 Purpose

9.18.020 Qualifying Land Use Activities and/or Businesses

9.18.030 Registration

9.18.040 Land Use and Business Registration Requirements

9.18.050 Land Use and Business Registration Restrictions and Limitations

9.18.060 Licensing and Fee

9.18.070 Transfers or Re-Establishment

This chapter creates an orderly land use and business registration process through which land use activities and/or businesses that were in effect prior to the city's incorporation, and that are currently not fully compliant with applicable city rules, regulations and ordinances, may receive a business license and, from and after receipt of the land use and business registration, legally operate within the city as they progress toward full compliance with applicable city rules, regulations and ordinances.

The following land use activities and/or businesses are eligible to receive a land use and business registration under this chapter:

1. A land use activity or business that existed prior to October 1, 2008 and:

2. Received a valid certificate of registration from the County of Riverside or was found by the County of Riverside to be exempt from the County of Riverside's certificate of registration process; provided, however, that the land use activity or business:

3. Must be substantially the same as previously registered, or exempted, by the County of Riverside,

4. Must be located at the same address as previously registered, or exempted, by the County of Riverside, and

5. Must have been continuously operated since the County of Riverside issued the registration or exemption, or

6. Demonstrates to the satisfaction of the Director of Community Development or her/his designee that the land use activity or business:

7. Will be operated and maintained in such a manner, and subject to such conditions imposed in the reasonable discretion of the Director of Community Development or her/his designee, so as to avoid any threat to the public health, safety, and welfare,

8. Is located at the same address as it was located as of October 1, 2008, and

9. Has been continuously operated since October 1, 2008. For purposes of this division (A), “continuously operated” means all uses that have not ceased operations for a period of more than six continuous months.

10. A business owner or property owner for the land use activity or business that is the subject of a land use and business registration request shall provide evidence acceptable to the Community Development Director that such business or land use activity has been consistently operating at the location in question, with no change in material use or conduct of the business or land use activity, since prior to October 1, 2008. Proof of such existence shall be in the form of one or more of the following: dated pictorial evidence; dated delivery or installation receipt for supplies or equipment for said business or land use activity; affidavit(s) of abutting or surrounding property owner; or other evidence as accepted by the Community Development Director.

The holder of a land use and business registration must satisfy all of the following requirements:

1. If a land owner or business owner/operator applies for a land use and business registration on or before July 1, 2020, that land owner or business owner/ operator shall, by October 1, 2028, bring the land use and/or business into conformance with all applicable standards, criteria and requirements in the City of Menifee Municipal Code, as it may be amended from time to time. A land use and business registration issued pursuant to this division (A) shall expire on October 1, 2028.

2. If a land owner or business owner/operator applies for a land use and business registration after July 1, 2020, that land owner or business owner/operator shall bring the land use and/or business into conformance with all applicable standards, criteria and requirements in the City of Menifee Municipal Code, as it may be amended from time to time, by the earlier of:

3. Within three years from the issuance of the land use and business registration, and

4. October 1, 2028.

5. A land use and business registration issued pursuant to this division shall expire on compliance deadline described in the preceding sentence.

6. Any land use or business that has received a land use and business registration and being conducted in a manner, or within or upon a structure, that is found by the city's Building Official or his/her designee to be a threat to the public health, safety, or welfare, shall promptly correct the identified sub-standard condition. All land use and business activities impacted by the condition shall immediately cease, and no further use and/or activity may continue until the issue or condition is corrected.

7. No land use or businesses that has received a land use and business registration shall take any action to increase or cause an increase in the number, scope, or severity of violations with any ordinance, code, or regulation beyond that which exists as of the date of receipt of a business registration.

8. Upon the expiration or termination of a land use and business registration, all land use activities and business on a property that was subject to the land use and business registration must fully comply with all applicable standards, criteria and requirements in the City of Menifee Municipal Code, as it may be amended from time to time.

9. No land use and business registration shall be issued to land uses and/or activities that have outstanding city, county or state health and safety, or environmental citations, or are in violation of any current health and safety, or environmental regulations.

10. For citations and/or regulatory violations that post-date the issuance of a land use and business registration, such registration shall be revoked by the Community Development Director if the property or business owners fails to promptly address and remediate such citations and/or regulatory violations.

Each land use activity or business applying for a land use and business registration under the provisions of this chapter shall conform to the following:

1. The land use activity or business shall include reasonable ingress and egress (which may including paving or other surfacing to conform to Fire Agency requirements), to be maintained at all times, as to vehicular and pedestrian traffic and shall not violate any parking restrictions or create a nuisance by means of parking.
2. The land owner or business owner/operator shall allow the ordinary inspection process as required of other business, including, periodic fire inspections, and stormwater pollution prevention plan and best management practices inspections.
3. Concurrent with receipt of a land use and business registration, the land owner or business owner/operator shall enter into an agreement with the city, under which it shall agree to indemnify and hold harmless the City of Menifee, its officers, agents, employees or representatives, from any action whatsoever resulting from this issuance of the land use and business registration and the conduct of activities pursuant thereto.
4. By requesting and accepting a land use and business registration, the land owner or business owner/operator agrees that the land use activity or business shall not be enlarged, expanded, intensified, modified or enhanced without first receiving review and approval by the city, and that any such enlargement, expansion, intensification, modification or enhancement without first receiving review and approval by the city shall require the immediate termination of the land use or business and any land use and business registration received shall immediately become null and void. Those portions of the land use activity or business approved for enlargement, expansion, intensification, modification or enhancement shall conform to all codes and regulations in effect at the time of the enlargement, expansion, intensification, modification or enhancement. Applications for enlargements, expansions, intensifications, modifications, or enhancements of a use that is the subject of a land use and business registration will be processed utilizing the city's conditional use permit procedures, and shall accordingly be subject to the processes set forth in Chapter 9.40: Conditional Use Permits.
5. All conditions of approval imposed in connection with the County of Riverside's approval, or exemption, of a land use or business activity must be satisfied within one year of written notification from the city. Alternatively, the land owner or business owner/operator may enter into an agreement with the city that establishes a process to bring the land use activity or business into conformance with the applicable conditions of approval.

Each existing land use activity and/or business subject to the provisions of this chapter shall be subject to the following restrictions and limitations:

1. Land use activities and businesses permitted under this chapter within the residential zoning districts shall not include, at the site where the land use activity or business is being conducted, retail sales or commercial distribution.
2. The use of metal shipping containers as storage devises shall be subject to all applicable City of Menifee Municipal Code requirements including, for residentially designated properties, Chapter 9.16: Metal Shipping Containers As Accessory Storage Facilities On Residentially Designated Properties.
3. The incidental storage, outside of an enclosed building or structure, of materials associated with the on-site land use activity or business shall be subject to the requirements of the underlying zoning district, unless an alternative limit is approved by the Community Development Director upon the submission of proof that the larger storage need is an integral and essential requirement to continue the land use activity or business.
4. Businesses possessing a current and valid state-issued Bureau of Automotive Repair (BAR) registration shall be permitted incidental vehicle storage, not in excess of ten days, of six vehicles actively being repaired, awaiting repair or awaiting pick-up. Vehicles stored within an enclosed structure or within an area secured on all sides with solid walls at least seven feet in height and view obscuring gate(s) shall be exempt from the ten-day storage limitation.
5. All businesses or land use activities engaged in any form of vehicle dismantling, salvage, reclamation, or similar activity dismantling, salvaging, reclaiming or other related act upon vehicles, equipment, motors, structures or transportable devices shall be prohibited.
6. Land use activities or businesses that do not conform to the requirements of the underlying zoning district and which are not registered under the provisions of this chapter are prohibited uses. A legally established nonconforming use may remain as allowed within Chapter 9.15: Nonconforming Uses and Structures.

All land use activities and/or businesses permitted under this chapter shall register their land use activity or business with the city and obtain a city business license where applicable. An initial administrative fee of $500, or an alternative fee established by City Council resolution, shall be required with the submission of the request to register the land use activity or business.

Ownership and/or operation of each existing land use activity and/or business subject to the provisions of this chapter shall be transferable, or permitted to be re-established, if a lapse of no more than six months has occurred between the sale or termination and re-establishment of the land use activity or business.