Chapter 5 — NONCONFORMING USES, BUILDINGS AND LOTS

Within the zones established by this title, there exist structures, uses, lots, signs and conditions which were or may have been lawful before this title was passed or amended, but which would be prohibited or restricted under this title. The board of supervisors declares that any nonconforming structures, uses, lots and signs that are incompatible with permitted uses in a specific zone shall not be enlarged, expanded or extended. Furthermore such nonconforming structures, uses and signs shall not be used as grounds for adding other structures, uses or signs prohibited by this title.

(Prior code § 90105.00)

90105.01 - Nonconforming structures.

A.

Any nonconforming structure may be continued and maintained, provided there is no physical change other than the necessary maintenance and repair of such a structure except as otherwise provided by this title.

B.

A nonconforming structure shall not be enlarged in area, space or volume.

C.

Any nonconforming structure which is vacant for a period of one year or more shall not again be used or occupied for a nonconforming use.

D.

Any nonconforming structure may be reconstructed, repaired or rebuilt when damaged by fire, earthquake, explosion or act of God, if the reconstruction and repair expense does not exceed fifty percent (50%) of the assessed value of the building at the time such damage occurred, and provided there is no expansion of the total area of the building as it existed prior to the damage; provided further, that all such construction shall be commenced within one year from the date of such damage.

E.

Where buildings or accessory structures have been rendered nonconforming as a result of a change in front yard setback requirements, the buildings or structures may be reconstructed at the same location provided there is no greater degree of nonconformity.

F.

Any structure that has been issued a repair order by the building official may be repaired and brought into compliance with Health and Safety Code Regulations, however the repairs and renovations shall be limited to those so ordered.

G.

Any nonconforming structure issued a condemnation order shall not be rebuilt or renovated if it is a nonconforming structure.

(Prior code § 90105.01)

90105.02 - Nonconforming use of structures.

A.

Any nonconforming use may be maintained and continued provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use except as otherwise provided herein.

B.

Any part of a building, structure, facility or land occupied by a nonconforming use that is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.

C.

Any part of a building, structure, facility or land occupied by a nonconforming use that has been abandoned for a period of one year or more, shall not again be used or occupied for a nonconforming use.

D.

If no structural alterations are made, a nonconforming use of a building may be changed to a similar or lesser intensity nonconforming use, provided the amortization time is not extended.

(Prior code § 90105.02)

90105.03 - Nonconforming uses of land.

A.

A nonconforming use of land shall not be expanded or extended in any way.

B.

A nonconforming use of land shall not be changed to or replaced by any other use except the use that complies with the regulations of the zone within which subject property lies.

C.

Any nonconforming use of land that has been abandoned for a period of one year or more shall not be reestablished.

D.

Nonconforming uses of land, where no main building or facility has been established, shall be discontinued within five years of the effective date of this title.

(Prior code § 90105.03)

Any lot which was legally recorded prior to the effective date of this title may be used in conformance with the uses permitted by the zone in which it is located, provided that all yard and setback requirements are and can be met, and provided further that such lots can accommodate the necessary health and safety facilities such as septic tank, leach field systems, water wells, etc.

(Prior code § 90105.04)

Any use permitted under the provisions of this title that currently exist with nonconforming setbacks may be replaced upon the same location if damaged or destroyed by fire, earthquake, explosion or act of God, regardless of the cost of such construction. However, under this provision no new portion of such replacement may be placed within these nonconforming setbacks.

(Prior code § 90105.05)

90105.06 - Nonconforming signs.

A.

The provisions of this section shall apply to all signs in the unincorporated areas of the county. Except as otherwise provided in this title, any sign lawful in use on the effective date of this title, but made nonconforming by this title may continue to be used for a period of five years. Any sign which becomes nonconforming because of an amendment to this title may be continued for a period of five years from the effective date of any such amendment.

B.

Nonconforming signs existing beyond five years as provided for in subsection A of this section are declared illegal signs and a public nuisance, and shall be abated.

C.

Nonconforming signs shall be kept in good repair during the five-year period the sign may be used. Alterations or modifications to any nonconforming sign are prohibited except for structural repair resulting in the same size or shape and for routine maintenance. However, such repair maintenance shall not be cause for an additional extension.

D.

A requirement for a nonconforming sign to be removed or altered so as to comply with the requirements of this title may be imposed as a condition on the approval of a subdivision, a conditional use permit, a variance or other discretionary land use entitlement.

(Prior code § 90105.06)

90105.07 - Determination of nonconforming status.

Where there is doubt regarding the legal nonconforming status of a structure, use of structures, uses of land, parcel size or sign, documentation shall be submitted to the director of planning to establish its legal nonconforming status.

(Prior code § 90105.07)

Chapter 6 - ENCROACHMENTS IN THE SALTON SEA

90106.00 - Construction below the minus two hundred foot contour prohibited without a permit.

It is unlawful for any person, firm, or corporation to erect or construct, or cause to be erected or constructed, or to alter or cause to be erected or constructed, or to alter or cause to be altered, any building, structure, or improvement below the minus two hundred twenty (220) foot contour along any portion of the Salton Sea in the county, without first obtaining a written permit therefore.

(Prior code § 90106.00)

90106.01 - Permit—Issuance and conditions.

A.

The county planning director is designated as the county officer to be in charge of the issuance of permits.

B.

No permit shall be issued for any purposes unless and until the applicant therefore has executed a flooding easement, to run with the land upon which such building or alteration will be performed, the same to run in favor of the county of Imperial and the Imperial irrigation district.

(Prior code § 90106.01)

Chapter 7 - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND MITIGATION MONITORING PROGRAM

The California Environmental Quality Act (CEQA) prohibits a public agency from approving or carrying out a project (as defined in CEQA) for which an environmental impact report identifies significant environmental effects, unless findings relative to mitigation of these effects have been made. If no significant effect on the environment would occur, a negative declaration or a mitigated negative declaration is prepared, which identifies potentially significant effects that can be avoided or mitigated, as specified. The purpose of this chapter of the codified ordinances of Imperial County is to develop a reporting and monitoring program for those projects whose impact on the environment would be significant if not mitigated.

(Prior code § 90107.00)

A mitigation monitoring program is established to comply with Assembly Bill 3180 (California Public Resource Code Section 21081.6) which became effective on January 1, 1989. The purpose of the program is to establish a monitoring and reporting program that will ensure compliance with all mitigation measures adopted by the county of Imperial as lead agency during project implementation. This chapter shall be subject to modification if necessary upon any adoption of the state CEQA Guidelines on mitigation monitoring.

(Prior code § 90107.01)

A.

Development of Checklist. After a nonexempt discretionary project is approved by the decision-making body, with mitigation measures identified through a "mitigated" negative declaration, environmental impact report, or other environmental documentation, all mitigation measures shall be incorporated by the planning and development services department into a checklist, entitled "Environmental Mitigation Checklist" ("checklist"). Each mitigation measure shall be identified separately on the checklist, with separate spaces for monitoring the progress of each mitigation measure as it is implemented. Mitigation measures shall be divided into two categories of measures: specific project mitigation measures ("project specific") and cumulative project mitigation measures ("cumulative project"). Project specific mitigation measures are to be further divided into two subcategories: project design and on-going mitigation measures. Each category and subcategory will appear on the checklist. A copy of the completed checklist shall be sent to all departments or agencies having jurisdiction over the natural resources or department functions affected by a specific mitigation measure.

B.

Monitoring Program.

1.

Project Design Mitigation Measures (Project Specific). A project design mitigation measure is one incorporated into the project design to mitigate an impact, such as a retention basin on-site fire protection system. These mitigation measures generally appear on the building/grading plans. Many project design mitigation measures will be monitored through the county's planning and development services department's plan check process. When an approved project with mitigation measures is submitted for plan check through the county, each plan checker shall receive a copy of the checklist. As each plan checker reviews the plans, the plans will be checked for compliance with each applicable mitigation measure. Each plan checker will review plans for the specific mitigation measure to verify its completion, by noting and initialing each mitigation measure on the checklist. If a mitigation measure is not shown, the plans shall be returned to the applicant for corrections. Plans shall not be approved until each application mitigation measure has been incorporated into the project design. After the plans are completed and approved, and before final inspection of the building/structure, the project proponent shall submit proof that each mitigation measure shown on the plans has been installed or incorporated into the project's construction. Verification of compliance will be

noted on the monitoring form and sign and signed by the assigned building inspector, CUP monitor, or special consultant assigned to this specific project.

2.

On-Going Mitigation Measures (Project Specific). If an approved project includes mitigation measures which are associated with the project over a period of time, such as dust control or maintenance of landscaping, the mitigation measure(s) shall be included on the checklist prepared by the planning and development services department and sent to the agency or department imposing these measures. Those affected agencies or departments having jurisdiction over the natural resources or department functions affected by the specific mitigation measure shall submit a proposed monitoring program for the monitoring of each on on-going mitigation measure(s) noted on the checklist previously provided to that department or agency. Each of the affected agencies or departments shall be responsible for the monitoring and enforcement of the on-going mitigation measure. On at least a semi-annual basis, each agency or department will submit a summarized report to the planning and development services department on the status of each on-going mitigation measure. These summarized reports will continue to be sent until it is determined by the affected department or agency that it is no longer necessary to monitor the project. A final close out report shall be filed with the planning and development services department by each affected agency or department. It is to be the

responsibility of the planning and development services department to summarize all project specific ongoing monitoring compliance report as submitted by the affected agencies or departments. All checklist(s) shall be retained in the planning and development services department project file and be subject to public review.

3.

Cumulative Mitigation Measures. Cumulative mitigation measures are measures which will be instituted when future phases are developed, such as road or site improvements. Cumulative mitigation measures are to be noted at the initial checklist stage and the checklist shall indicate that the cumulative mitigation measure is to be enforced at some time in the future. The agency or department having jurisdiction over the natural resources or departmental functions involved with the cumulative mitigation measure shall be notified and shall be responsible for the monitoring and enforcement of the cumulative mitigation measure. On at least a semi-annual basis, a summarized report shall be submitted by each affected department or agency to the planning and development services department on the status of each cumulative mitigation measure.

(Ord. 1415 § 26, 2006)

All costs of the monitoring and reporting program are to be paid by the applicant in accordance with the adopted fee schedule set forth in County Ordinance Title 9, Division 9, for "Time and Materials" (T&M) projects. Applicant may be required to deposit an estimated amount to cover the monitoring costs to be incurred by the county and other affected agencies. All funds received will be placed into a separate trust account under the control of the planning and development services department. All planning and

development services department monitoring and reporting costs shall be disbursed from this trust account. All costs of agencies or other affected departments incurred in monitoring on-going or cumulative mitigation measures shall be reimbursed from the trust account. It shall be the responsibility of the affected agency or department to submit a cost breakdown for time and materials incurred in monitoring the mitigation measure(s) on no less than semi-annual or as needed.

(Ord. 1415 § 28, 2006)

Outside consultant(s) may be hired by the county planning and development services department or other affected agency, for projects for which compliance with a mitigation measure cannot be verified through the plan check process, or which requires specialized expertise. In the event that a consultant is hired, the county may collect a deposit from the applicant for the consultant's services needed in order to assist in the monitoring of the mitigation measures. The deposit shall be placed in a special trust account. Any unused portion of the deposit shall be refunded to the project applicant or the part that actually paid the fees.

(Ord. 1415 § 30, 2006)

90107.05 - Penalties for noncompliance.

Failing to properly implement project design mitigation measures could result in the issuance of a stop-work order or a denial of subsequent approvals necessary to complete or occupy a project. Violations of or failing to comply with on-going cumulative mitigation measures may result in enforcement actions by the planning and development services department, planning commission, air pollution control district, board of supervisors, department of health services, or other agencies or other decision-making body having jurisdiction or permitting authority over the project mitigation measure in question. Any administrative enforcement action does not preclude the enforcement action of other available remedies, including civil or criminal penalties, nuisance suits or project approval revocations.

(Ord. 1415 § 32, 2006)

The county planning and development services department is the officially-designated county environmental compliance department and shall be responsible for the proper and effective implementation of the California Environmental Quality Act (CEQA). This shall apply for county-sponsored as well as private projects.

(Ord. 1415 § 34, 2006)

90107.07 - Latest CEQA requirements.

The county shall at all times adhere to, and implement the latest version of the California Environmental Quality Act (CEQA) and Guidelines. This shall include the adoption by the county planning commission, of Rules and Regulations to Implement CEQA.

(Prior code § 90107.07)