Title 9 — LAND USE CODE

Division 1 - ENACTMENT, APPLICABILITY AND AMENDMENT Chapter 1 - AUTHORITY, PURPOSE AND APPLICABILITY

This title (Title 9 inclusive) is established and adopted pursuant to the authority vested in the county of Imperial by the state of California, including but not limited to the State Constitution, Government Code, Public Resources Code, the California Environmental Quality Act, the Subdivision Map Act, the Housing Act, and the Surface Mining and Reclamation Act. This title shall be known as, and may be cited and referred to as, the "Land Use Ordinance" of the county of Imperial, hereinafter referred to as "Title".

(Prior code § 90101.00)

The text, including any tables, metrics, charts, sketches, and the official zoning maps referenced in this title shall constitute the comprehensive land use regulations for all unincorporated areas of the county of Imperial. These regulations are adopted to, promote and protect the public health, safety, and general welfare through the orderly regulation of land uses throughout the unincorporated areas of the county.

Furthermore, the purpose of this title is also to:

A.

Encourage and guide development consistent and in conformity with the Imperial County general plan;

B.

Provide the economic and social advantages which result in the orderly planned use of all land resources;

C.

Assist the public in identifying and understanding regulations affecting the development and use(s) of land;

D.

Provide for environmentally safe and conducive growth and development;

E.

Establish beneficial, convenient and compatible relationships between land uses;

F.

Regulate the size, quantity, services, and use of parcels, lots, yards, and other open spaces;

G.

Regulate the use, location, height, bulk, and size of all buildings, structures, and/or physical improvements;

H.

Uniformly regulate the use and building intensity of land.

I.

Regulate the density of population in residential and nonresidential areas;

J.

Establish requirements for parking, for signs, and for billboards;

K.

Provide for uniform and consistent enforcement of these regulations.

(Prior code § 90101.01)

90101.02 - Applicability.

Provisions and conditions of this title shall apply to all lots, parcels, structures, and use(s) of land or bodies of water created, utilized, established, constructed, altered, or improved by any person, firm, corporation, or organization; by the United States or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any county or city; by any authority, district or public entity organized under the laws of the state of California. A governmental agency shall be exempt from the provisions of this chapter only to the extent that such property or use(s) may not be lawfully regulated by Imperial County.

A.

Exemption (Public Roads). The provisions of this title are not applicable to construction and maintenance of public roads and other improvements that are within road right-of-way, provided such improvements are under the authority of the Imperial County public works department, or California Department of Transportation (CalTrans).

Any such improvement that is not under the direct authority of the department of public works or the CalTrans shall be subject to this title.

B.

Exemption (Pre-emption). Specifically exempted is any area of regulation that is preempted by federal or state law. It shall, however, be the burden of proof of any person, firm, corporation or public entity or agency to provide to the planning and development services department the law or section granting such specific exemption. Until the county is satisfied that a pre-emption exists, it is unlawful and a violation of this title for

empted is any area of regulation that is preempted by federal or state law. It shall, however, be the burden of proof of any person, firm, corporation or public entity or agency to provide to the planning and development services department the law or section granting such specific exemption. Until the county is satisfied that a pre-emption exists, it is unlawful and a violation of this title for

any person, firm, corporation, organization, private agency or public agency to establish, construct, alter, repair, replace, operate or maintain any building, structure or use of land or body of water in violation of or without complying with all provisions of this title.

Enforcement shall be implemented as described in Division 13.

(Ord. 1415 § 2, 2006)

90101.03 - Relationship to other regulations.

All uses of land and development authorized or governed by this title shall comply with all other applicable local, state, or federal regulations and/or requirements. Where two or more ordinances, laws or regulations govern the same use or activity the more restrictive law or ordinance shall apply.

(Prior code § 90101.03)

Any project, building or structure for which a building permit has been issued prior to the effective date of this title may be completed and used in accordance with the plan, specifications, and permits upon which the building permit was granted provided the construction is started within six months after the issuance of the building permit and is diligently pursued to completion. No extension of time shall be granted for the completion of the construction beyond the initial thirty-six (36) month period from date issued. In the event that the construction of the project continues for more than three years after the effective date of the building permit, the project building or structure shall meet the requirements of this title.

Exception. A variance from the strict time limit enforcement of this section may be authorized by the planning director or the planning commission, pursuant to procedures under Section 90202.00 et seq. and provided that the planning director and/or the planning commission makes adequate findings.

(Prior code § 90101.04)

90101.05 - General compliance.

A.

It is unlawful for any building or structure to be moved, erected, reconstructed, added to, enlarged, altered, used, advertised on, or maintained for any use that does not strictly conform to provisions of this title. No structure or land shall be used for any purpose except as specifically provided and allowed by this title with respect to the land use, height, set back, lot coverage, and all other regulations, conditions and limitations prescribed by this title.

B.

It is unlawful for any yard, open space, or land to be used for any purpose not specifically permitted by this title.

C.

Any use not specifically permitted by the provisions of this title is hereby strictly prohibited. Any and all prohibited uses specified at any place within this title are examples only and are not to be construed or interpreted as a complete listing of any and all prohibited uses.

D.

No county department, county official, or other employee of the county of Imperial entrusted with a duty or authority to issue permits or licenses for buildings, structures, or uses of land that are subject to the requirements of this title shall issue a permit or license in conflict with the provisions of this chapter and this title. All such county permits shall first be approved for zoning compliance, by the planning and development services department. Any permit or license or other grant of authority issued in conflict with any provisions of this title shall be null and void.

E.

No permit, license or authorization to use premises shall be issued by any department, official, or employee of the county of Imperial for any building, structure, or land use, subject to the requirement of this title on a parcel of land were the department, official or employee is aware that a violation of this title exists at time of issuance.

(Ord. 1415 § 4, 2006; prior code § 90101.05)

90101.06 - Interpretation.

A.

Provisions of this chapter shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare.

B.

Terms and/or words not defined in this title shall be interpreted as defined in conventional dictionaries in common use.

C.

Misinformation or information that is erroneously presented by any official or employee of the county of Imperial does not negate, nor does it diminish the provisions of this title.

D.

Whenever a number of days is specified in this title, or in any permit, or condition of approval, or notice issued, or given as set forth in this title, such number of days shall be deemed to be the consecutive calendar days unless otherwise specified.

E.

Whenever application of this title results in a rounding of quantities such as fractions all quantities are to be rounded to the next higher whole number when the fraction is .50 or more and to the next lower whole number when the fraction is .499 or less.

F.

Wherever there is a need for interpretation as to meaning or intent of this legislative language, the planning director shall have the power to interpret the regulation and/or standards contained in this title. When such interpretation is necessitated by a lack of specificity in making such interpretation, the planning director shall take into consideration past policy, intent, health and safety concerns, and compliance with the general plan. In the event that any person is aggrieved by the interpretation of the planning director, the interpretation may be appealed to the board of supervisors. The interpretation shall be in writing and shall become part of this title only to the extent those future similar situations may use the same interpretation.

(Prior code § 90101.06)

Any person, firm, or corporation using any facility, building, structure, acreage, lot or parcel of land in violation of any provisions of this title is guilty of a misdemeanor and shall be prosecuted to fullest extent of the law as provided for under Division 13.

(Prior code § 90101.07)

Any court action or other legal proceeding to attack, review, set aside, void or nullify matters pertaining to, or set forth in this title or concerning any of the proceedings or determinations taken, or to determine the reasonableness, legality or validity of any condition shall be filed within thirty (30) days (or as provided by statute) after the date such action becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such action, determination or decision.

(Prior code § 90101.08)

90101.09 - Severability.

If any chapter, division, section, subsection, paragraph, subparagraph, sentence, clause, phrase or word of this title is for any reason held to be invalid, unenforceable, or unconstitutional, such determination shall not affect the validity of the remaining portions of this title. It is declared by the board of supervisors, that this title and each and every division, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and word would have been adopted irrespective of the fact that a portion of this title is declared invalid, unenforceable or unconstitutional.

(Prior code § 90101.09)

90101.10 - Finality of decision.

Where a specific project has been heard through the required public hearing process and the hearing body (planning director; planning commission or board of supervisors) has reached a decision, the decision shall be deemed final by that hearing body and no rehearing of the same project shall be allowed by that hearing body without the filing of a complete new application.

Exception.

A.

Where a decision of the planning director is appealable to the planning commission under provisions of this title, any party may appeal that decision to the planning commission by filing a written request for an appeal along with the requisite fees with the planning and development services department, provided further that it is filed within ten (10) calendar days of the decision date, and is in compliance with Section 90102.04 of this title.

B.

Where a decision of the planning commission is appealable to the board of supervisors under provisions of this title, the applicant or any party may appeal the planning commission's decision to the board of supervisors, by filing a written request for appeal along with requisite fees with the clerk of the board of supervisors, provided further that the appeal is filed within ten (10) calendar days of the planning commission's decision and is in compliance with Section 90102.04.

C.

Where it is provided by statute or ordinance that the board of supervisors is the hearing body on a project, no appeal and no re-hearing shall be held by the board except as provided herein.

D.

Where the planning commission is by this title or law or other ordinance the hearing body on a project, no rehearing shall be allowed on a project, except as provided for herein.

E.

Both the planning commission and the board of supervisors shall only be allowed to re-hear or re-consider a project if any one or all of the following conditions are found to exist. The burden of proof that one or all of the following existed rests with the party requesting reconsideration:

1.

A member of the decision-making body failed to declare a conflict of interest in the project, and the decision could be different, had the member abstained;

2.

Procedural errors occurred during the hearing process that in the opinion of county counsel necessitate rehearing the project;

3.

The hearing body clearly relied upon false or erroneous technical information in reaching its decision;

4.

The project was not legally or adequately noticed for the hearing as determined by county counsel;

A court of proper jurisdiction makes findings and orders the hearing body to re-consider the project;

6.

On a four-fifth's vote the board of supervisors, upon making adequate findings, may re-consider a project.

F.

The following shall not be considered or allowed as grounds for a re-hearing:

1.

Applicant or his or her representative were not adequately prepared;

2.

Opposition to a project was not adequately prepared;

3.

The full hearing body was not present for the decision, (unless the original hearing resulted in a tie vote);

4.

New information (which could have been or was available) is made available by applicant or any party;

5.

Relocation of project from one site to another;

6.

Change in representation on the hearing body;

7.

Any individual board member or commission member wants to re-consider;

8.

Threat of litigation.

(Ord. 1415 § 6, 2006; prior code § 90101.10)

90101.11 - Decision authority.

A.

The following matrix delineates the hearing body with authority to hear the project and an appeal on any project.

The key to symbols is as follows:

P/D = planning director - building official

P/C = planning commission

B/S = board of supervisors

• (x) Represents the original hearing body on the specified project.

• (0) Represents the body that may hear a project on appeal from decision of the original hearing body.

(-) Represents that there is no appeal hearing at this level.

1.

Decision of the planning director acting as building official and related to construction determinations may be appealed under specific conditions to the board of supervisors, however, only after review and decision by building appeals board.

2.

Decision of the planning director/building official on the underground storage tank (UST) related permits may be appealed to the board of supervisors, however, only after review by the UST appeals board.

3.

The term "building permits" shall include all construction permits, such as electrical, plumbing, mechanical, etc., and shall also include decisions and enforcement actions by the building official.

(Prior code § 90101.11)