Chapter 9.48 — EMERGENCY TRANSITIONAL HOUSING AND SINGLE ROOM OCCUPANCY UNITS

Yucca Valley Zoning Code · 2026-06 edition · ingested 2026-07-07 · Yucca Valley

9.48.010: PERMITTED LAND USES:

Emergency Transitional Housing is permitted in the Industrial zoning district by right.

Supportive housing that is provided in single family dwellings, multi-family dwelling units, residential care facilities, or boarding house uses, shall be permitted, conditionally permitted, or prohibited in the same manner as the other single-family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses under this code. Supportive housing that is provided in all zoning districts that allow multi-family dwelling units or mixed-use development shall be allowed by right if the proposed housing development satisfies the requirements of Government Code Section 65651 et seq.

A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, provided that it meets the requirements specified in this section.

Single Room Occupancy Units are permitted in the Industrial, General Commercial, Mixed Use Commercial, and Neighborhood Commercial zoning districts subject to a Conditional Use Permit.

In the event of a conflict between the provisions of this section and the provisions of a land use zoning district, the provisions of this section shall prevail and control.

(Ord. 254, 12-16-2014; amd. Ord. 296, - - ; Ord. 320, 11-5-2024)

9.48.020: EMERGENCY TRANSITIONAL HOUSING:

A. This section establishes standards for Emergency Transitional Housing as defined in subdivision (e) of Section 50801 of the Health and Safety Code, which are in compliance with state law, including the limitations on the Town’s authority to regulate these facilities in zones without a discretionary approval.

B. These standards apply in addition to all other applicable provisions of this Chapter and any requirements imposed by the State Department of Housing and Community Development through its oversight.

  1. The maximum number of beds or persons to be served nightly shall be fifty (50), and shall not exceed one per one hundred twenty five (125) square feet of floor area.

  2. The maximum length of stay for any one individual shall not exceed one hundred eighty (180) days in a three hundred sixty five (365) day period.

  3. Off street parking shall be provided at a rate of one parking space for every four (4) beds and one parking space for each employee on shift.

  4. Exterior and interior waiting and client intake areas shall be provided on site to accommodate waiting clients and to prevent queuing into any public rights of way. An exterior waiting area shall be physically separated and visually screened from the public right of way.

  5. An on-site manager shall be present at all times, twenty four (24) hours per day, seven (7) days per week. The onsite manager shall not be an individual or individuals who utilize the homeless beds or services and shall maintain their own residence off site.

  6. Lighting shall be provided for all entrances, parking lots, pathways and public areas.

  7. Stays at the Emergency Shelter facility shall be limited to between the hours of five o'clock (5:00) P.M. and eight o'clock (8:00) A.M.

  8. The shelter operator shall regularly patrol the area surrounding the shelter site during hours that the shelter is in operation to ensure that homeless persons who have been denied access are not congregating in the neighborhood.

  9. Each shelter shall be operated by a responsible agency or organization, with experience in managing and/or providing social services.

  10. Staff and services shall be provided to assist residents to obtain permanent shelter and provide referral information and/or services for health or mental health services, educational opportunities, job training/employment and life skills training.

  11. There shall be at least one on-site supervisor per twenty five (25) persons during the hours of operation.

  12. Operators shall maintain a log of occupants which may be reviewed by the Town at any time to assure compliance with these regulations and standards.

  13. Security systems shall be installed prior to issuance of a certificate of occupancy. Security systems shall include an alarm system to detect unrecorded or unauthorized entry or exiting of a facility, and a camera surveillance system which shall be installed in locations to the satisfaction of the Chief of Police.

  14. The outdoor areas and yards of shelters and surrounding areas shall be kept clean and free of debris, litter, and storage of personal effects shall not be allowed.

C. Transitional Housing is a development with buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing that is provided in single family dwelling, multi-family dwelling units, residential care facilities or boarding house uses, shall be permitted, conditionally permitted or prohibited in the same manner as the other single family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses under this code. D. Supporting housing is housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing that is provided in single-family dwellings, multi-family dwelling units, residential care facilities, or boarding house uses, shall be permitted, conditionally permitted, or prohibited in the same manner as the other single family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses under this code. Supportive housing that is provided in all zoning districts that allow multi-family dwelling units or mixed-use development shall be allowed by right if the proposed housing development satisfies the requirements of Government Code Section 65651 et seq.

E. This section establishes standards for Low Barrier Navigation Centers as defined in Government Code Section 65660 et seq.

65651 et seq.
E. This section establishes
65660 et seq.
standards for Low Barrier Navigation Centers as defined in Government Code Section
COORDINATED ENTRY
SYSTEM:
A centralized or coordinated assessment system developed pursuant to Section 576.400(d) or
Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections
read on January 1, 2020, and any related requirements, designed to coordinate program participant
intake, assessment, and referrals.
LOW BARRIER: Best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic
violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing
more than two beds, or private rooms.
LOW BARRIER
NAVIGATION CENTER:
A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent
housing that provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and housing.
A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and
nonresidential zones permitting multifamily uses, provided that it meets the following requirements:
a. It offers services to connect people to permanent housing through a services plan that
identifies services staffing.
b. It is linked to a coordinated entry system, so that staff in the interim facility or staff who
colocate in the facility may conduct assessments and provide services to connect people to
permanent housing.
c. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare
and Institutions Code.
d. It has a system for entering information regarding client stays, client demographics, client
income, and exit destination through the local Homeless Management Information System as
defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
Within thirty (30) days of receipt of an application for a Low Barrier Navigation Center
development, the Town shall notify a developer whether the developer's application is complete
pursuant to Section 65943. Within sixty (60) days of receipt of a completed application for a Low
Barrier Navigation Center development, the Town shall act upon its review of the application.
--- ---

(Ord. 254, 12-16-2014; amd. Ord. 296, - - ; Ord. 320, 11-5-2024)

9.48.030: SINGLE ROOM OCCUPANCY UNITS:

A. Single Room Occupancy Purpose and Intent: It is the purpose and intent of this section to regulate the development and operation of Single Room Occupancy land uses. Single Room Occupancy units provide housing opportunities for lower-income individuals, persons with disabilities, the elderly and formerly homeless individuals. B. Single Room Occupancy shall mean a facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 350 square feet. These dwellings units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.

C. Single Room Occupancy Units shall be located exclusively in the Industrial (I), General Commercial (C-G), Mixed Use Commercial (C-MU), and Neighborhood Commercial (C-N) land use districts with the approval of a Conditional Use Permit. An application pursuant to this section shall be processed concurrently with any other application(s) required for housing development.

D. The following development standards shall be used in conjunction with the applicable zoning district standards for any Single Room Occupancy development.

  1. Unit Size: The minimum size of a unit shall be one hundred fifty (150) square feet and the maximum size shall be three hundred fifty (350) square feet which may include bathroom and/or kitchen facilities.

  2. Occupancy: An SRO unit shall accommodate a maximum of two (2) persons.

  3. Common Areas: A minimum of ten (10) square feet for each unit shall be provided for common area. All common areas shall be within the structure. Dining rooms, meeting rooms, recreational rooms or other similar areas may be considered common areas. Shared bathrooms, kitchens, janitorial storage, laundry facilities and common hallways shall not be considered as common areas.

  4. Kitchen Facilities: An SRO is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one kitchen per floor.

  5. Bathroom Facilities: For each unit a private toilet and sink in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of fifteen (15) square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided in accordance with the most recent edition of the California Building Codes for congregate residences with at least one full bathroom per every three (3) units on a floor. The shared shower or bathtub facility shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

  6. Closet: Each SRO shall have a separate closet.

  7. Laundry Facilities: Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every ten (10) units, with at least one washer and dryer per floor.

  8. Cleaning Supply Room: A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor.

  9. Management: A management plan shall be submitted with the development application for an SROP facility and shall be approved by the Director and the Chief of Police. The management plan must address management and operation of the facility, rental procedures, safety and security of the residents and building maintenance. (Ord. 254, 12-16-2014; amd. Ord. 296, - - ; Ord. 320, 11-5-2024)

CHAPTER 9.49 EXOTIC ANIMALS

9.49.010: DEFINITIONS:

EXOTIC ANIMAL: Any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Monorhina (lampreys), class Reptilia (reptiles), class Crustacea (crayfish), or class Gastropoda (slugs, snails) that are restricted by the state.

ZOO: A zoological garden or other collection of exotic animals which are raised, bred, trained and/or maintained for on site display that is open to the general public, education, tours and exhibition which is accredited by the American Zoo And Aquarium Association (AZA). (Ord. 254, 12-16-2014)

9.49.020: PERMITTED LAND USE:

A. The keeping of exotic animals as defined in this chapter shall be permitted as an accessory use to single dwelling units in accordance with this code as follows:

Any "exotic animal" as defined in this chapter with a state fish and game caging requirement of fifty (50) square feet or less and kept within an enclosed building shall be permitted provided the applicant registers said animal(s) on a form to be provided by the town's animal control section. The applicant must provide a copy of the applicant's state department of fish and game permit for each animal(s) registered.

The keeping or maintaining of exotic animals on any property within the town with a state department of fish and game caging requirement of up to one hundred forty nine (149) square feet may be permitted as an accessory to a single- family dwelling located within the large animal overlay district subject to the provisions of this code. A special use permit is required for the keeping or maintaining of up to two (2) exotic animals and a conditional use permit is required for the keeping or maintaining of three (3) to four (4) exotic animals.

Any exotic animal with a caging requirement of one hundred fifty (150) square feet and greater is prohibited as an accessory use to a single-family dwelling, except as a zoo.

The keeping or maintaining of any exotic animal(s) for on site display open to the general public shall be permitted subject to the issuance of a conditional use permit by the planning commission and the further requirements of this code for the establishment of a zoo. (Ord. 254, 12-16-2014)

9.49.030: PROCEDURES AND REQUIREMENTS FOR CONDITIONAL USE PERMIT AND SPECIAL USE PERMIT:

A. Prior to giving a public hearing notice, the reviewing authority shall request that a veterinarian that is recognized by the department of fish and game submit a statement regarding the particular animal's mature behavior and personality characteristics specific to the animals being requested.

B. Any action to approve a request for an exotic animal shall not be effective until written evidence is received by the director that the applicant has received a permit from the state department of fish and game.

C. A special use permit or conditional use permit for the keeping of an exotic animal shall be noticed in accordance with chapter 9.85, "Public Notices And Hearings", of this title.

D. Applicant shall provide any documentation or written notice received from state department of fish and game regarding prior violations and corrective action pertaining to the keeping of the animal(s). Following the application submittal, planning staff shall send a written letter to the state department of fish and game requesting information on any prior violations and what the corrective measures were. (Ord. 254, 12-16-2014)

9.49.040: GENERAL STANDARDS FOR CONDITIONAL USE PERMIT AND SPECIAL USE PERMIT:

A. A person may keep or maintain in their possession or control an exotic animal with a caging requirement ranging from fifty one (51) to one hundred forty nine (149) square feet on any property within the town on any parcel zoned for single-family residential purposes only as specifically authorized by the provisions of this chapter and the site is located within areas identified on the town adopted large animal overlay district map.

B. The keeping of the animal(s) must comply with all setback requirements of section 9.08.020, "Animal Keeping In Residential Districts", of this title.

C. The keeping of exotic animals as allowed by this code shall be subject to the following parcel size and density restrictions:

In Residential Districts", of this title.
C. The keeping of exotic animals as allowed by this code shall
restrictions:
be subject to the following parcel size and density
Minimum State Fish And
Game Caging Requirements
Minimum Parcel Size/Density
Animals which are normally maintained in aquariums, terrariums,
birdcages or similar devices, each of which does not exceed a floor area
of 50 square feet and where such devices/cages are maintained within an
enclosed building
None
Requires a floor area of 50 square feet or less per animal which are not
maintained within an enclosed building
1 per 10,000 square feet. Maximum of 4
Requires a floor area between 51 square feet and 99 square feet per
animal which are not maintained within an enclosed building
1 per 20,000 square feet. Maximum of 4
Requires a floor area between 100 square feet and 149 square feet per
animal which are not maintained within an enclosed building
1 acre minimum. 20,000 square feet for every additional
animal. Maximum of 4
  • D. If the permit being requested from the department of fish and game is an exhibiting permit that includes public on site display of the animal(s), the following provisions shall apply:
  1. A minimum parcel size of twenty (20) acres shall be required for a facility that proposes any public on site display of the animal(s).

  2. Visitor parking shall be provided in accordance with chapter 9.33, "Parking And Loading Regulations", of this article 3.

  3. Permanent restroom facilities shall be provided in accordance with the California building and San Bernardino County health department requirements.

  4. All appropriate off site improvements including access to the facility must be in existence or be constructed prior to the housing of any animal.

  5. The facility shall be accredited by the American Zoo And Aquarium Association (AZA).

  6. Any applicant proposing a zoo facility within a residential land use district or on a site that abuts a residential land use district shall include with the application written consent to the approval of the zoo facility dated within ninety (90) days prior to the filing of such application from each owner(s) of property within one thousand three hundred twenty five feet (1,325') of the lot on which the facility is proposed. (Ord. 254, 12-16-2014)

9.49.050: GENERAL CONDITIONS FOR CONDITIONAL USE PERMIT AND SPECIAL USE PERMIT:

Any action to approve a request for an exotic animal shall include the following conditions in addition to any conditions deemed appropriate by the reviewing authority:

A. The keeping of the animal must comply with all town code requirements including setbacks from property lines and other dwellings.

  • B. The keeping/caging of the animal must comply with all applicable federal and state requirements.

  • C. Each animal must have sufficient area to be maintained and exercised in a normal healthy manner as determined by the state department of fish and game.

D. Each permit shall specify the annual renewal period and inspection requirements. Permits for any animal shall be issued for a period not to exceed twelve (12) months.

E. The applicant agrees to allow reasonable inspection of the property by animal control staff and/or designee to ensure compliance with the conditions of approval. Inspections shall include, at a minimum, one inspection per year following approval of the permit and at each renewal. At such time the applicant shall provide animal control with written documentation/records from a qualified veterinarian that the animal(s) are being properly cared for.

F. Upon the renewal of the permit and inspection, the applicant shall supply written documentation from the state department of fish and game that the facility and the keeping of the animals are in compliance with all federal and state requirements.

G. The applicant obtains a permit from the state department of fish and game.

H. All cages shall be constructed by a licensed contractor and shall provide certification that the cages were constructed and installed in accordance with the approved plans and all state and/or federal caging requirements.

I. The area where the animals are to be kept shall be screened from public view.

J. The applicant/owner shall agree to defend, indemnify, and hold harmless the town, its agents, officers, or employees from any claim, action, or proceeding against the town or its agents, officers, or employees to attack, set aside, void, or annul an approval of the town, an advisory agency, appeal board or legislative body concerning the permit or any other action relating to or arising out of such approval. Any condition of approval imposed pursuant to the provisions of this condition shall include a requirement that the town promptly notify the applicant of any claim, action, or proceeding and that the town cooperate fully in the defense. If the town fails to promptly notify the applicant of any claim, action, or proceeding, or if the town fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold the town harmless. If any provision of this condition is found invalid by a court of law, the remaining provisions of this condition shall remain in full force and effect.

se. If the town fails to promptly notify the applicant of any claim, action, or proceeding, or if the town fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold the town harmless. If any provision of this condition is found invalid by a court of law, the remaining provisions of this condition shall remain in full force and effect.

K. The occupant of the premises on which the exotic animal is kept shall keep and maintain the animal(s) and the premises in such a manner as not to be detrimental to the health, safety or welfare of any person on any adjoining property or of the general public. Such maintenance shall be at least sufficient to keep dust, odor, and flies from having an adverse effect on any other property.

L. Immediate notification shall be given to the department of fish and game, San Bernardino County sheriff department, and town of Yucca Valley animal control in the event the animal(s) escape from the premises.

M. Prior to occupancy of the site by any exotic animal, the applicant shall develop a comprehensive emergency plan for state department of fish and game, local police and animal control for review and approval. This comprehensive plan of action shall be developed to address the following situations:

  1. Damages to the enclosures. Temporary holding facilities shall be identified. Necessary mechanisms to safely transport the animal(s) to another holding enclosure shall be on hand.

  2. Animal attacking and/or injuring humans: Include a list of safety equipment that will be available for use.

  3. Escape of animal from its enclosure: Recapture plans shall outline the procedures for handling and recapture of the escaped animal(s), equipment to be used, people to be contacted, various restraint methods, including conditions which warrant the use of lethal force.

N. Prior notification of inspection is not required if town animal control staff has reason to believe the health and safety of the public or the animal is in danger if there is a delay.

O. Any excessively disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal(s) is kept or harbored shall be considered a nuisance.

P. Prior to occupancy of the site with any exotic animal as approved under an SUP or CUP, the applicant shall provide proof of their ability to respond in damages to and including the amount of one hundred thousand dollars ($100,000.00) by obtaining a policy of insurance coverage in said amount for bodily injury or death of any person(s) or for damage to property owned by any other person which may result from the ownership, keeping or maintaining of an exotic animal(s). Proof of liability shall be provided as required by this title in a form approved by the town attorney, a certificate of insurance issued by a solvent corporation authorized to issue bonds under the laws of the state. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bonds will be made unless thirty (30) days' written notice is first given to the town community development planning section. (Ord. 254, 12-16-2014)

9.49.060: FINDINGS FOR CONDITIONAL USE PERMIT AND SPECIAL USE PERMIT:

Prior to taking action to approve a special use permit or conditional use permit for any exotic animal(s), the reviewing authority shall find and justify that all of the following are true:

A. That the impacts which could result from the keeping of exotic animal(s), and the proposed location, size, design and operating characteristics of the animal and/or use, and the conditions under which it would be operated or maintained will not be considered to be detrimental to the public health, safety and welfare of the community or be materially injurious to properties and/or improvements within the immediate vicinity or be contrary to the general plan;

B. Adequate safeguards have been established and will be maintained that effectively control all dangerous or vicious propensities of such animals;

C. That the proposed animal keeping will comply with each of the applicable provisions of the development code, and applicable town policies, except approved variances and state and federal requirements;

D. That the location of the animal keeping area and any proposed structures and improvements are compatible with the site's natural landform, surrounding sites, and structures.

E. That the proposed animal keeping will not create such an attractive nuisance by nature of its existence that it would draw undue attention to the activity by an increase in foot or vehicular traffic to the surrounding neighborhood or might entice the general public onto the property. (Ord. 254, 12-16-2014)

9.49.070: REVOCATION OF PERMIT:

A conditional use permit or special use permit may be revoked by the town council if any one of the following findings can be made:

  • A. That the permit was obtained by misrepresentation or fraud.

  • B. That the use for which the permit was granted has ceased or has been suspended for six (6) or more consecutive months.

  • C. That the use is in violation of one or more of the conditions of approval.

  • D. That the use is in violation of any state or federal requirement. (Ord. 254, 12-16-2014)

CHAPTER 9.50 HOME OCCUPATION PERMITS

9.50.010: PURPOSE AND APPLICABILITY:

A. Purpose: The purpose of this chapter is to establish regulations allowing for the operation of certain business activities in single- and multi-family residential neighborhoods. The standards and requirements are intended to ensure that home occupation operations do not alter the character of any residential neighborhood, or create impacts or activities that are not typically and commonly associated with residential neighborhoods. It is the intent of this chapter to allow for commercial uses that are accessory and incidental to the primary purpose of residential zones, which is that of providing a habitable dwelling for the owner or occupant as the primary use of the residential dwelling unit.

B. Applicability: The provisions in this chapter shall apply to home occupations as defined in article 7, "Definitions", of this title and where allowed in compliance within this article 3 and the following standards. A home occupation shall only be allowed as an accessory use on a parcel with a legal residential dwelling unit.

C. Definition: A "home occupation" is defined as "a commercial activity conducted in compliance with this chapter, carried out by an occupant and conducted as an accessory use within the primary dwelling unit, an accessory structure or approved outdoor activity". (Ord. 254, 12-16-2014)

9.50.020: CLASSES OF HOME OCCUPATIONS DESCRIBED:

A. Home occupations are commercial uses that are accessory and incidental to a residential land use and that do not alter the character or the appearance of the residential environment or neighborhood.

B. No person shall engage in a home occupation without first obtaining a home occupation permit from the planning division consistent with the requirements of this chapter, unless otherwise exempt. In addition, the operator of the home occupation shall procure a business registration in compliance with title 5, chapter 5.20, "Business Registration Certificate", of this code, including home occupations that are exempt from permitting.

  1. Class I, Exempt From Permitting:

a. Class I home occupations shall have no impact on the neighborhood in which they are located. Work is performed exclusively by phone and mail, or over the internet, and/or the activity is limited so that there are no impacts on the neighborhood. Class I home occupations are allowed in any residential zoning district.

These uses include telecommuting and internet or electronic based businesses, or other similar activities that are transparent inside the residential structure, and do not involve customers to the site, employees, or any structural alteration.

In addition, no permit is required for home based businesses where no business activity takes place other than the scheduling of appointments or paperwork, there are no customers received at the residence, the exterior of the property is not modified for the business and there is no outdoor storage of materials or vehicles, except as normally associated with and allowed in a residential area. These business activities include, but are not limited to, contractors, housecleaning, carpet cleaning, mobile car wash or gardeners.

  • b. Class I development standards:

  • (1) No customers or clients shall visit the residence.

  • (2) All employees shall be members of the resident family and shall reside on the premises.

  1. Class II, No Hearing Required:
  • a. Class II home occupations may have a limited impact on the neighborhood in which they are located. Class II

home occupations shall be allowed in the Single-Family Residential (RS), Rural Living (RL) and Residential-Hillside

Reserve (R-HR) Zoning Districts.

Subject to the authority and discretion of the Director, home occupations that meet the following standards, after appropriate application and subject to a field investigation, may be permitted without notice or a hearing. Alternatively, the Director may schedule a hearing or forward the matter to the commission for action. The Director may establish any other special condition of approval for any home occupation permit as necessary to carry out the intent of this subsection.

  • b. Class II development standards:

  • (1) There may be sales of products on the premises.

  • (2) A maximum of three (3) customers or clientele per day may visit the residence.

  • (3) All employees, except one, shall be members of the resident family and shall reside on the premises.

(4) Operating hours of a home occupation in which there are customers visiting the site shall be between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. Operating hours of all other home occupations requiring a permit shall be between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.

(5) There shall be no outdoor home occupation activity, and screened outdoor storage of material shall be limited to ten percent (10%) of the lot area.

  1. Class III, Notice And Hearing Required:

a. Class III home occupations may have a limited impact on the neighborhood in which they are located but are also slightly more intense than Class II in that they may involve outdoor storage of material and/or outdoor home occupation activities that do not impact the neighborhood. Class III home occupations are permitted in the Rural Living (RL) and Residential-Hillside Reserve (R-HR) Zoning Districts.

Class III home occupations shall be subject to notice and hearing. The commission is the review authority, and the commission may forward the application to the Council for consideration.

  • b. Class III development standards:

  • (1) There may be sales of products on the premises.

  • (2) Customers may visit the residence and then only by appointment. This is restricted to a single

appointment at a time. The monthly average of the total trip count for business activities shall not exceed twelve (12) trips per day in all zoning districts.

(3) All employees, except two (2), shall be members of the resident family and shall reside on the premises.

(4) Operating hours of a home occupation in which there are sales on the premises or customers visiting the site shall be between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. Operating hours of all other home occupations requiring a permit shall be between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.

(5) Lots in the Rural Living (RL) and Residential-Hillside Reserve (R-HR) Zoning Districts that are one acre or larger shall be permitted outdoor business activity or screened outdoor storage of materials subject to review and approval by the commission.

  1. Class IV, Conditional Use Permit: Home occupations which may exceed the standards provided in subsection B2 or B3 of this section may be approved subject to the review and approval of a conditional use permit by the commission. (Ord. 254, 12-16-2014)

TABLE 3-26

PERMITTED LAND USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS

Zoning districts:

R-HR: Residential-hillside reserve RS: Residential single-family

RL: Rural living RM: Residential multi-family

Permit required:

CUP: Conditional use permit E: Exempt

HOP: Home occupation permit SPR: Site plan and design review NP: Prohibited SUP: Special use permit

Type Of Use Type Of Use Permit Required By Zoning District Permit Required By Zoning District Permit Required By Zoning District Permit Required By Zoning District Notes And Other Regulations
R-HR RL RS RM
Type Of Use Permit Required By Zoning District Notes And Other Regulations
R-HR RL RS RM
Care uses:
Child daycare (small family) E E E NP 8 or fewer children, pursuant to residential
district standards, section 9.08.040 of this title
Child daycare (large family) SUP SUP SUP NP 9 to 14 children, pursuant to residential
district standards, section 9.08.040 of this title
Child daycare center CUP CUP CUP NP 15 or more children, pursuant to section
9.08.040 of this title
Homeless shelter NP NP NP NP Including transitional and supportive uses
Social care facility, 6 or fewer E E E E Includes, but is not limited to, elderly care and
sober living facilities. Pursuant to residential
district standards, section 9.08.090 of this title
Social care facility, 7 or more CUP CUP CUP NP Includes, but is not limited to, elderly care and
sober living facilities. See section 9.08.090,
"Residential/Social Care Facilities", of this
title
Agriculture, animal related, and open
space uses:
Agriculture for commercial use
not including animal husbandry or
stockyards
CUP CUP NP NP Including, but not limited to, row, field, tree,
and nursery crop cultivation
Animal care facility NP NP NP NP Including, but not limited to, animal hospitals,
veterinarian, pet stores, and grooming
Community gardens HOP HOP NP NP
Equestrian facility SUP SUP NP NP
Feed and tack NP NP NP NP
Horticulture for private use,
including growing fruit, flowers,
ornamental plants and vegetables
E E E E Permitted as a use that is incidental to the
primary use
Kennels (over 15 animals) NP NP NP NP
Livestock operations NP NP NP NP
Natural resources development NP NP NP NP
Nature preserve NP NP NP NP
Nursery/garden supply (with
outdoor display)
NP NP NP NP
Nursery/garden supply (without
outdoor display)
NP NP NP NP
--- --- --- --- --- --- ---
Retail commercial uses:
Adult oriented business NP NP NP NP
Ammunition sales NP NP NP NP
Antique/secondhand stores NP NP NP NP
Appliance sales and home goods
(no repair)
NP NP NP NP
Auto and vehicle sales and rentals
and parts sales
NP NP NP NP
Boat and recreational vehicle sales NP NP NP NP
Building and landscape materials
sales (indoor)
NP NP NP NP
Building and landscape materials
sales (outdoor)
NP NP NP NP
Construction and heavy equipment
sales and rentals
NP NP NP NP
Convenience store NP NP NP NP
Farmers' market/arts and crafts
events
NP NP NP NP
Firearms sales HOP HOP NP NP
Fuel/propane dealer NP NP NP NP
Grocery, supermarket, specialty
food store, drugstore
NP NP NP NP
Manufactured home sales NP NP NP NP
Pawnshop NP NP NP NP
Retail store (less than 80,000
square feet)
NP NP NP NP
Retail store (80,000 or greater
square feet)
NP NP NP NP
Seasonal holiday sales facilities NP NP NP NP
Shopping center (neighborhood,
community, or regional)
NP NP NP NP
Swap meet, outdoor market,
auction yard (permanent)
NP NP NP NP
Warehouse retail NP NP NP NP
Business, financial, and professional:
ATM NP NP NP NP
Financial institution and related
service
NP NP NP NP
Laboratory NP NP NP NP
Office E E E E Provided that no customers or clients are
visiting the residence
Office HOP HOP HOP NP Customers or clients visiting the residence
--- --- --- --- --- --- ---
Eating and drinking establishments:
Bakery (delivery only) HOP HOP HOP NP
Bakery (retail), coffee shop and
similar uses
NP NP NP NP
Bar, lounge, nightclub, tavern, and
pool hall
NP NP NP NP
Catering service HOP HOP HOP NP
Cottage food operation HOP HOP HOP HOP
Fast food (with drive-through,
delivery)
NP NP NP NP
Fast food (without drive-through,
delivery)
NP NP NP NP
Full service restaurant NP NP NP NP
Commercial service uses:
Ambulance service NP NP NP NP
Appliance sales, service, repair,
and rental
NP NP NP NP
Automobile gas station NP NP NP NP
Automobile service/repair (major
repair/body work)
NP NP NP NP
Automobile service/repair (minor
repair, maintenance, upholstery,
painting)
NP NP NP NP
Automobile washing (car wash) NP NP NP NP
Barber, beauty shop, and other
similar personal service uses
HOP HOP HOP NP
Equipment sales, service, repair,
and rental
NP NP NP NP
Fitness center NP NP NP NP
Fortune telling and related service HOP HOP HOP NP
Funeral service (including
crematorium)
NP NP NP NP
Funeral service (excluding
crematorium)
NP NP NP NP
Laundry and dry cleaning NP NP NP NP
Locksmith HOP HOP HOP NP
Maintenance and repair, general
(minor)
HOP HOP NP NP
Maintenance and repair (major) NP NP NP NP
Massage establishment NP NP NP NP
Personal trainer HOP HOP HOP NP Customers or clients visiting the residence
Printing and duplication services HOP HOP HOP NP
Studio (dance, music, martial arts,
artists)
HOP HOP HOP NP
--- --- --- --- --- --- ---
Tattoo and piercing NP NP NP NP
Commercial recreation:
Amusement arcade or park NP NP NP NP
Campgrounds NP NP NP NP
Carnivals/circuses/festivals/fairs NP NP NP NP
Concerts, open air theaters,
outdoor entertainment events
NP NP NP NP
Game arcade, internet cafe, and
similar businesses
NP NP NP NP
Golf course NP NP NP NP
Hookah lounge NP NP NP NP
Parks/recreation facilities NP NP NP NP
Private clubs and lodges NP NP NP NP
Recreation and entertainment
(commercial indoor and outdoor)
NP NP NP NP
Recreational vehicle park NP NP NP NP
Type Of Use Type Of Use Permit Required By Zoning District Permit Required By Zoning District Permit Required By Zoning District Permit Required By Zoning District Notes And Other Regulations
Industry, manufacturing and
processing, wholesaling:
Construction/contractor storage
yard
NP NP NP NP
Hazardous waste operations NP NP NP NP
Manufacturing operations NP NP NP NP
Motor vehicle storage/impound
facility
NP NP NP NP
Recycling facility (processing
facility)
NP NP NP NP
Recycling facility (small
collection facility)
NP NP NP NP
Research and development NP NP NP NP
Salvage facility NP NP NP NP
Storage - ministorage (personal
storage)
NP NP NP NP
Storage (outdoor vehicles storage) NP NP NP NP
Welding and machining NP NP NP NP
Wholesaling and distribution NP NP NP NP
Transportation, communications, and
infrastructure:
Communication facility NP NP NP NP Including, but not limited to, radio and
television stations or towers, satellite
receiving stations, but not wireless
telecommunication facilities
Parking lot NP NP NP NP
--- --- --- --- --- --- ---
Public/government facilities NP NP NP NP
Public safety uses (permanent) NP NP NP NP
Solar energy systems (accessory) P P P P See solar energy systems; section 9.42.010 of
this article 3
Solar energy systems
(commercial/primary use)
NP NP NP NP
Transmission utility lines,
pipelines, and control stations
NP NP NP NP
Utilities (major) NP NP NP NP
Wind energy system (accessory) SPR SPR SPR SPR See wind energy systems; section 9.43.010 of
this article 3
Wind energy system (commercial/
primary use)
NP NP NP NP
Wireless telecommunication
facilities
CUP CUP CUP CUP Pursuant to chapter 9.44, "Wireless
Communications Facilities", of this article 3
Other uses:
Archery and gun ranges (indoor) NP NP NP NP
Archery and gun ranges (outdoor) NP NP NP NP
Bed and breakfast SUP SUP SUP NP See bed and breakfast; section 9.08.030 of this
title
Cemeteries, including pet
cemeteries
NP NP NP NP
Churches, religious assembly, and
other public assembly
NP NP NP NP
Conference centers and group
camps
NP NP NP NP
Correctional institution NP NP NP NP
Emergency facilities (temporary) NP NP NP NP
Hospitals/medical/rehabilitation
centers/clinics
NP NP NP NP
Hotels and motels NP NP NP NP
Marijuana dispensaries, marijuana
cultivation, marijuana deliveries,
additional prohibited marijuana
NP NP NP NP Pursuant to chapter 9.53 of this title
Medical and dental offices,
clinics, laboratories
NP NP NP NP
Museum, library, art gallery,
outdoor exhibit
NP NP NP NP
Schools (private, vocational,
charter, and other)
NP NP NP NP Not to include homeschooling

(Ord. 254, 12-16-2014; amd. Ord. 268, 7-18-2017)

9.50.030: DEVELOPMENT STANDARDS:

A. All home occupations shall comply with all of the following conditions of approval at all times:

  1. No dwelling or accessory structure shall be built, altered, furnished or decorated for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted;

  2. There shall be no displays, sale, or advertising signs on the premises;

  3. There shall be no signs other than one unlighted identification sign containing the name and address of the owner attached to the building not exceeding two (2) square feet in area per street frontage;

  4. All maintenance or service vehicles and equipment, or any vehicle bearing any advertisement, shall be in conformance with town regulations regarding vehicle signs;

  5. The home occupation shall not encroach into any required parking, setback, or open space area and required covered parking shall not be altered for the purpose of conducting the home occupation;

  6. There shall be no outdoor home occupation activity or outdoor storage of stock, merchandise, scrap supplies, or other materials or equipment on the premises, except as approved by the commission;

  7. Any storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential uses shall be prohibited;

  8. There shall be complete conformity with fire, building, plumbing, electrical, and health codes and to all applicable state and town laws and ordinances. Activities conducted and equipment or material used shall not change the fire safety or occupancy classification of the premises;

  9. No home occupation shall generate pedestrian or vehicular traffic in excess of that customarily associated with a residential use and the neighborhood in which it is located;

  10. No home occupation shall be initiated until a current business registration certificate is obtained, including home occupations that are exempt from permitting;

  11. A home occupation permit shall not be transferable to another person or property;

  12. No use shall create or cause noise in excess of noise standards established for residential zoning districts, dust, light, vibration, odor, gas, fumes, toxic or hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances;

  13. Public advertising shall only list phone number, operator's name, post office box and description of business. Business address or location shall not be included in any public advertising;

  14. Parking shall comply with the requirements of chapter 9.33 of this article 3. One additional parking space shall be provided for each nonresident employee.

  15. If the home occupation is to be conducted on rental property, written permission from the property owner shall be submitted. (Ord. 254, 12-16-2014)

9.50.040: REVIEW:

A. The review authority shall review all applications for a home occupation permit to determine if the proposed use is consistent with the provision of this chapter. If all standards are met after complying with the noticing provisions of chapter 9.85 of this title, the review authority shall make the following findings prior to issuance of the permit:

  1. That the proposed use is not prohibited;

  2. That the proposed use will comply with all applicable standards;

  3. That the issuance of the home occupation permit will not be detrimental to the public health, safety, and general welfare;

  4. That the proposed use will be consistent with any applicable specific plan;

  5. That the proposed use will not alter the character of the neighborhood and will not induce physical or socioeconomic changes to the neighborhood that are inconsistent with the goals and objectives of the general plan, and this development code, and that do not create characteristics more closely associated with commercial, office or industrial land use activities. (Ord. 254, 12-16-2014)

9.50.050: HOME OCCUPATION PERMIT RENEWAL:

Home occupation permits are approved for a period of three (3) years. The director shall be the review authority for all home occupation permit renewals. (Ord. 254, 12-16-2014)

9.50.060: HOME OCCUPATION PERMIT AMENDMENT:

Refer to chapter 9.83, "Permit Amendments", of this title. (Ord. 254, 12-16-2014)

9.50.070: HOME OCCUPATION PERMIT REVOCATION:

Refer to chapter 9.84, "Permit Revocations", of this title. (Ord. 254, 12-16-2014)

9.50.080: APPEAL:

Refer to chapter 9.81, "Appeals", of this title. (Ord. 254, 12-16-2014)