Chapter 7 — A-1 (LIMITED AGRICULTURE) (WITHIN URBAN BOUNDARIES ONLY) — Imperial County Zoning Code

90507.00 - Purpose and application. ¶

The purpose of the A-1 designation is to designate areas and allow uses that are suitable for larger residential living environments. The uses are generally limited to those typical of and compatible with quiet residential neighborhoods. The minimum lot size shall be one-half acre (net), unless required to be larger by other regulatory requirements, such as health and safety standards. The minimum lot size in the A-1 zone may be reduced if public infrastructure including sewer and potable water are available from either a district or a city. The A-1 designation is only allowed within urban designated areas as reflected on the land use diagram of the county general plan.

COMMENT: The acreage here needs to be "net" vs. "gross" due to the fact that the absolute minimum amount of land needed for sewage disposal is twenty thousand (20,000) square feet of usable land, and the county already has numerous locations where this creates problems.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.01 - Permitted uses in the A-1 zone.

The following uses are permitted in the A-1 Zone provided they meet the requirements of this Title:

a)

Accessory agricultural building, structures, and uses, including farm buildings, housing of agricultural workers, garages and implement shelter, provided no livestock or any building or enclosure used in connection with livestock shall be located nearer than one hundred (100) feet to the front lot line, nor nearer than fifty (50) feet to any existing dwelling on any contiguous property, or to any public park or school.

b)

Accessory Dwelling Unit provided it complies with Imperial County code sections Title 9 Section 90405.01 and Title 8 Section 8.80.150 Subsection C.

c)

Agricultural accessory structure(s) (including cargo containers).

d)

Agricultural crops, private greenhouses and horticultural collections, flowers and vegetable gardens, fruit trees, nut trees, vines and nurseries for producing trees, vines and horticultural stock.

e)

Agricultural uses, (light farming only).

f)

Apiaries.

g)

Breeding and raising of animals pursuant to the requirements of this Chapter.

h)

Crop and tree farming, pasturing and grazing, provided, however, that not to exceed one horse, mule, or cow; five hogs, goats, sheep or other similar livestock be permitted for each one-half acre of the area of the parcel of land upon which the same are kept (except suckling animals), except that the pasturing of livestock to feed on vegetable matter grown on said premises may be permitted. Feeding of garbage, (cooked or raw), shall not be permitted, nor shall a "feed lot" style operation be allowed. Other animals similar to those listed by example and having similar impact may be allowed at the same ratio of the "similar" animal.

i)

Daycare Home for less than five people.

j)

Electrical Vehicles Charging Stations as an Accessory Use. (incidental to Primary Use).

Employee Housing.

l)

Growing of agricultural crops for domestic use of the resident occupant.

m)

Hatching, raising and fattening of chickens, turkeys or other fowl or poultry and rabbits, fish or frogs for domestic or commercial use provided that no commercial poultry pen or coop or commercial rabbitry shall be maintained within fifty (50) feet of any dwelling or other building used for human habitation. There shall be no killing or dressing of any such animals or poultry on the premises for commercial purposes.

n)

Home occupation per Division 4, Chapter 4 (Home Occupation Permit required).

o)

Keeping of horses and other large animals on lots having an area of one acre or more, providing that the number of horses on any one lot or parcel shall not exceed one horse for every three-quarters acre, or

keeping of farm animals under recognized youth programs. The keeping of such animals shall conform to all other provisions of law governing same, and no horses, nor any stable, bam or corral shall be kept or maintained within fifty (50) feet of any dwelling or other building used for human habitation, or within one hundred (100) feet of the front lot line of the lot upon which is located or within one hundred (100) feet of any public park, school, hospital, or similar institution.

p)

Recreational Vehicle, temporary during construction of a single-family dwelling.

q)

Park or Playground (public).

r)

Preschool, Elementary School, Junior High School, Senior High School, College or University.

Public buildings.

Public Swimming Pool (public).

Residential accessory structures.

Residential care facilities serving six or fewer people.

w)

Signs advertising the products produced or sold locally or identifying the premises or occupants.

x)

Single family dwelling (conventional or manufactured).

y)

Single-Room Occupancy (SRO) Units and Boarding/Rooming Houses.

z)

Solar energy extraction generation provided that it is for on-site consumption only.

aa)

Storage of agricultural products.

bb)

Storage of products for use on the premises.

cc)

Transitional Housing (as defined in Section 50675.2 of the Health and Safety Code).

dd)

The keeping of poultry, rabbits and similar small animals.

ee)

The sale of agricultural, horticultural or farming products grown or produced on the premises of the owner.

ff)

Wind driven electrical generator for on-site consumption.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90507.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the A-1 Zone provided they meet the requirements of this Title:

Animal shelters.

b)

Birds, including show or racing pigeons, and other small fowl not in excess of twenty-five (25) per half acre.

c)

Cemeteries, Mausoleums, Columbariums.

Church.

Club or Lodge.

f)

Community Care/Veteran Facility.

Community Center.

h)

Community Recreational Facility.

i)

Construction office/yard, temporary only.

Country Club.

Emergency shelters.

Equestrian Establishment.

Facilities for abused people.

Fish, frog and shrimp farms.

Golf Course, Golf Driving Range.

Gun Club.

Heliports.

Library.

Museum.

Mineral Exploration.

Mineral Extraction.

Mortuaries.

Oil, gas and geothermal exploration.

Potable water treatment and Wastewater Treatment Plant.

Preschool, elementary school, junior high school, senior high school, college or university.

Public agency or public utility building or structure.

aa)

Race track or test track, including automobile, bicycle, horse or motorcycle.

bb)

Rehabilitation facility.

cc)

Resource extraction.

dd)

Rest home, retirement home.

ee)

Sanitarium.

ff)

Scale repair facility.

gg)

Senior citizen center.

hh)

Solar energy generation at more than ten (10) kilowatts.

ii)

Tennis or swim club.

jj)

Utility and communication facilities.

kk)

Utility substations not specifically exempted by other statutes.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90507.03 - Prohibited uses.

All other uses not permitted by Sections 90507.01 or 90507.02 are strictly prohibited.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.04 - Minimum lot size.

Except as otherwise provided, no portion of any lot within the A-1 zone shall be less than one-half acre (net), except in the case of a conveyance to or from a governmental agency, public entity, public utility or community water company or water district, for public purposes, public utility purposes or for rights-of-way, provided such governmental use occupies said parcel. The minimum lot size may be required to be larger than one acre if an OWTS will be used, as required by County Ordinance Section 8.80.150.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.05 - Yards and setbacks.

The following yard and setback requirements shall apply in the A-1 zone:

A.

Front Yard. Except as otherwise provided, the front yard minimum setback for all buildings shall be as follows:

1.

Twenty-five (25) feet from the edge of right-of-way; or

2.

Sixty (60) feet from the legal center line of any existing or proposed county road. In no case shall the minimum setback be less than twenty-five (25) feet from the edge of right-of-way as established by the county.

B.

Side Yard. Except as otherwise provided, the side yard minimum setback for all buildings shall be as follows:

There shall be a side yard on each side of any building of not less than five feet, except that on the street side of a corner lot, the building shall be setback at least fifteen (15) feet from the edge of right-of-way/property line.

C.

Rear Yard. Except as otherwise provided, the rear yard minimum setback for all buildings shall be as follows:

There shall be a rear yard setback of not less than five feet, except in the case of a through lot, the designated rear yard shall be equal to the front yard setback.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.06 - Height limit.

Height limits in any district shall be as follows:

1.

Residential buildings shall not exceed three stories or forty (40) feet.

2.

Detached accessory structures shall not exceed two stories or thirty (30) feet.

3.

Radio and television antennae, chimneys and other similar structures shall not exceed sixty (60) feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.07 - Minimum distance between structures.

The following requirements apply to the minimum distance separation between structures in the A-1 zone:

A.

There shall be a minimum distance of ten (10) feet between residential buildings/structures.

B.

There shall be a minimum distance of ten (10) feet between residential buildings and any accessory building. However, there shall be a minimum of fifty (50) feet between any residential building and an accessory structure used to house animals, including pens, coops and other structures. Structures used to house animals shall be a minimum of one hundred (100) feet from any public park, school, hospital or similar institution, and a minimum of fifty (50) feet from any adjacent residential structure.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.08 - Parking.

Off street parking in the A-1 zone shall be provided in accordance with the standards contained in Sections 90402.00 et seq.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.09 - Signs.

The following signs shall be permitted in the A-1 zone; however, all signs shall be subject to Section 90401 as applicable:

1.

Temporary real estate signs not exceeding twenty (20) square feet, and advertising the property for sale or lease, and meeting requirements of Division 4, Chapter 1.

2.

Temporary construction signs related to construction on said property, meeting requirements of Division 4, Chapter 1.

3.

Temporary political, religious, civic and campaigning signs not to exceed three months, meeting requirements of Division 4, Chapter 1.

4.

Signs approved in conjunction with a conditional use permit approved for the site.

5.

Temporary agricultural signs as allowed by Section 90401.10.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.010 - Landscaping.

Landscaping for nonresidential development in the A-1 zone shall be the same as the M-1 zone (excluding crop and tree farming). Landscaping for residential development shall be the same as the R-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.11 - Animals. ¶

The breeding, keeping or maintaining of large or medium size animals shall be limited to the allotted amount as set forth in Section 90507.01 for nonresidential uses; however, for residential uses, the following requirements shall apply in the A-1 zone:

A.

Lots greater than one-half but less than one acre net may keep two medium animals per acre provided the separation distances under Section 90507.07 can be achieved.

B.

Lots greater than three-quarters acre net may keep and maintain one large animal per three-quarters acre up to five acres, and one large animal for every five acres of lot area thereafter (i.e. forty (40) acre lot equals twelve (12) large animals). Small animals (i.e. goats, sheep, etc.) shall be allowed at the ratio of one large animal equals two small animals. Separation as required under Section 90502.08 shall be met.

C.

Lots allow for the keeping of small fowl, rabbits, birds, provided as follows: they are for domestic or hobby purposes; are maintained within proper enclosed/containment structures; are not free to leave the property; and the number of such animals does not exceed five of any one or combination thereof.

D.

The keeping of small domestic pets such as cats and dogs are allowed for non-commercial uses, and the number of such animals does not exceed five of any one or combination thereof.

E.

Special project animals considered to be a student oriented fair project that may be sponsored by an agricultural organization such as FFA or 4H may allow for the keeping of one large animal or two medium animals per parcel provided that they are:

1.

For the duration of the FFA/4H or agricultural fair schedule or seven months maximum whichever is less;

2.

The property owner files an affidavit with the planning and development services department to verify it is a legitimate special project, including the name of the club, club leader and other information required by the planning director.

NOTE: The keeping of animals as designated is only allowed to the extent that said animals do not constitute a nuisance or public health hazard.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.12 - Garage/yard sales. ¶

Garage or yard sales are permitted without special use permits, provided they meet the following conditions:

A.

Sales last no longer than two consecutive days.

B.

Sales are held no more than two times a year.

Sales are contained within the property.

D.

No goods purchased for re-sale are evident.

E.

Directional signs shall be removed immediately after sale ends.

F.

Directional signs shall not exceed nine square feet.

G.

Directional signs may be placed on public right-of-way provided they do not interfere with traffic.

H.

Directional signs on private property shall have property owners (not tenants) permission.

I.

Directional or other signs not removed within twenty-four (24) hours after sale ends shall be fined fifty dollars ($50.00).

J.

No signs shall be posted on utility posts/pole, or other highway information or directional sign.

K.

Violation of one or all of items (a) through (j) is a misdemeanor and may be cited as such.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90507.13 - Special review procedure and development standards.

The following special review procedures and development standards shall apply in the A-1 zone:

A.

The breeding and raising of livestock permitted pursuant to this section shall be limited to one horse, one donkey, one mule, one cow, one buffalo, one llama, five goats, five sheep, or five other similar size animals per half acre.

B.

Temporary farm stand for the sale of allowed agriculture, horticultural or farming products, permitted within the A-1 zone shall comply with the following standards:

The floor area of the farm stand shall not exceed six hundred (600) square feet.

2.

The farm stand shall not be located closer than twenty-five (25) feet from the driveway line of the front yard.

3.

The stand shall be erected in such a manner that it can be readily removed.

4.

The owner shall remove the stand at his or her own expense, when the stand is not in use for a period of one hundred twenty (120) consecutive days.

5.

Customer parking, at the ratio of one car per one hundred (100) square feet, with a minimum of two car spaces shall be provided, and shall be surfaced to prevent fugitive dust emissions.

C.

The breeding and raising of livestock in numbers greater than that allowed by subsection A, by minors in conjunction with a student oriented fair project sponsored by a bona fide agricultural organization, such as FFA or 4-H, shall be permitted upon application to and approval by the director of planning for a temporary permit. The contents of the application shall contain the following information:

1.

Name and address of applicant.

2.

Name and address of property owner.

3.

Assessor's parcel number.

4.

Legal description of the property.

5.

Name of organization sponsoring applicant.

6.

Plot plan showing location of proposed pens, coops, or areas for raising of animals, and principal residential structures, both on site and immediate adjacent to subject site.

The signature of the owner of the real property.

D.

Temporary visitors use. While the use of recreational vehicles (R.V.s) is not allowed as temporary or permanent residential dwellings, the incidental and occasional utilization of an R.V. may be allowed under the following conditions:

1.

An R.V. may be connected to utilities and occupied for a period not to exceed two weeks annually per Title 12, Section 04 et al.

2.

The R.V. connections are installed to meet applicable health and safety code regulations, and has been approved by planning and development services department.

3.

The R.V. connections are for the primary use and are not independent service connections.

4.

The R.V. is not allowed in or upon any public street or right-of-way or setback area.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 8 - A-2 (GENERAL AGRICULTURE ZONE) A-2-R (GENERAL AGRICULTURAL/RURAL ZONE)

90508.00 - Purpose and application.

The purpose of the A-2 (general agriculture), [forty-acre minimum] zone is to designate areas that are suitable and intended primarily for agricultural uses (limited) and agricultural related compatible uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90508.01 - Permitted uses in the A-2 zone.

The following uses are permitted in the A-2 Zone provided they meet the requirements of this Title:

a)

Agricultural accessory structure(s) (including cargo containers).

b)

All agricultural and grazing uses, including breeding and/or grazing of animals as follows:

On parcels greater than thirty (30) acres, no limit for temporary or transitory grazing provided primary food source is a product grown on site and any import is a supplement and does not generate significant vector breeding (Strictly prohibited unless approved by CUP are: livestock feed lots; hog ranches, dairies, animal sales yards, cotton gins, dehydration units, labor camps, packing plants and other similar intense uses).

2.

On parcels less than thirty (30) acres and parcels contiguous to four or more homes:

a.

Large animals (cattle, horses, etc.) not to exceed one per half acre;

b.

Medium animals (goats, sheep, swine, etc.) not to exceed five per half acre;

c.

Small animals (poultry, rabbits, etc.) not to exceed five;

d.

(All such animals shall be maintained at least fifty (50) feet from any residence).

c)

Animal Grooming, (no boarding of animals)

d)

Any Agricultural use permitted in the A-1 Zone, under Section 90507.01(a).

e)

Aquaculture to allow for the growing and harvesting of algae, fish, frogs, shrimp and similar aquatic products. This includes shipping but does not include processing.

f)

A "temporary" mobile home or recreational vehicle serving as a temporary residence during construction of a single-family home, meeting the requirements specified in Section 90508.12(c).

g)

Day Care home for less than five people.

h)

Electrical Vehicles Charging Stations as an Accessory Use. (incidental to Primary Use).

i)

Farm labor housing for onsite farm employees (Employee Housing).

j)

Farm stand for products grown locally (no processing) subject to Section 90509.12(A).

k)

General retail sales for products grown on site (no processing).

l)

Home Occupation per Division 4, Chapter 4 (home occupation permit required).

m)

Industrial Hemp: including the cultivation, harvesting and testing, and light processing, subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

Mineral exploration.

Oil, gas and geothermal exploration meeting requirements specified in Division 17.

One Single-family dwelling.

q)

Residential accessory structure(s).

r)

Residential care facility serving five or fewer persons.

s)

Single day fund raising event provided it is held no more than twice per year in an approved (meeting all Health and Safety, Traffic and Fire Code regulations) structure or facility. Any such event shall notify the Planning and Development Services Department, Public Works, EHS and Fire at least sixty (60) days prior to the event and request a written approval. The County shall inspect the facilities and may, upon compliance with applicable regulations approve the use. If the facility does not or cannot meet the minimum requirements the County shall not approve and the event shall not be held at the specified location. (Temporary Use Permit.)

t)

Solar energy extraction generation provided that it is for on-site consumption only.

u)

The growing and harvesting of all types of crops including, but not limited to, the following: Berry crops, Bush crops, Field crops, Flowers and horticultural Specialties, Green house, Nursery, Nut and fruit trees, Timber, Vegetables, Vine crops.

v)

Wildlife Preserve.

w)

Wind driven electrical generator for on-site consumption of electricity.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90508.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the A-2 Zone provided they meet the requirements of this Title:

a)

Abattoir or animal slaughter house and/or meat packing facilities.

b)

Accessory Dwelling Unit (one additional) unit per legal parcel, not to exceed two per legal parcel which cannot then be subdivided at a later date.

c)

Agricultural related trucking business (trucking predominantly agricultural products).

d)

Airports or aircraft landing fields Airport for private non-commercial use and agricultural air applicators.

e)

Animal hospitals, kennels and veterinarians' office.

f)

Animal Kennel or boarding facility.

g)

Animal sales yards or stockyard.

h)

Animal shelters.

i)

Animal training facility.

j)

Battery Storage Facility (must be connected to an existing electrical power generation plant such as solar, geothermal, wind, natural gas, or other renewable energy generator, as an accessory unit to said power plant). The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

k)

Breeding and raising of animals in excess of the limits specified in 90508.01.

l)

Cemetery or Mausoleum.

Cheese and other dairy product manufacturing.

n)

Circus or carnival, Country Club, or other amusement facilities.

o)

City, County, State, and Federal enterprises, including buildings, facilities and uses of departments or institutions thereof which are necessary or advantages to the general welfare of the community.

p)

Cold storage facilities for agricultural products only.

q)

Commercial nurseries.

r)

Communication Towers: including radio, television, cellular, digital, along with the necessary support equipment such as receivers, transmitters, antennas, satellite dishes, relays, etc. (subject to requirements of this zone and Division 24; Section 92401 "Communications Facilities Ordinance" et al).

s)

Concrete or Asphalt Batch Plant (Temporary, less than one hundred eighty (180) days).

t)

Contract Harvesting businesses (not trucking business).

Cotton gins.

Dairies.

Dehydration mills.

x)

Electrical generation plants (less than fifty (50) mw) excluding nuclear or coal fired and meeting requirements in Division 17.

Electrical substations in an electrical transmission system (500 kv/230 kv/161 kv).

z)

Equestrian establishments, stables and riding academies.

aa)

Facilities for the transmission of electrical energy (100—200 kv).

bb)

Farm equipment rental agencies.

cc)

Farm implement sales and farming related metal fabrication.

dd)

Fireworks; assembly and storage according to § 90501.17.

ee)

Flood Control Facility.

ff)

Fruit and vegetable packing plants.

gg)

Fruit, vegetable and plant product processing including, cold storage, packaging, preserving, canning, and shipping to semi/finished to finished product.

hh)

Geothermal test facilities, Intermediate projects, and major exploratory wells, meeting requirements in Division 17.

ii)

Grain storage and loading facilities.

jj)

Gun Club.

kk)

Hay processing and storage.

ll)

Heliports.

mm)

Hunting and fishing clubs.

nn)

Land application of sludge or similar "waste" material to agricultural land.

oo)

Livestock feed yards or stockyards to include onsite agricultural material composting.

pp)

Major facilities relating to the generation and transmission of electrical energy, provided such facilities are not, under State or Federal law, to be approved exclusively by an agency or agencies of the State and/or Federal governments and provided that such facilities shall be approved subsequent to coordination and review with the Imperial Irrigation District for electrical matters. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

qq)

Major Geothermal projects per Division 17.

rr)

Manufacturing building materials from agricultural products.

ss)

Meat and fish packing plants.

tt)

Poultry farming including hatching, breeding, butchering, processing or shipping of chickens, turkeys or other foul or poultry, including eggs.

uu)

Public Agency Structure.

vv)

Resource extraction and energy development as per Division 17.

ww)

Scale repair facility (truck or other large unit).

xx)

Seed mills.

yy)

Small ethanol plant with a capacity not to exceed one million (1,000,000) gallons a year.

zz)

Solar energy electrical generator.

aaa)

Special occasion facility.

bbb)

Temporary real estate offices.

ccc)

Temporary construction office/yard.

ddd)

Trade fairs and exhibits (temporary, less than ten (10) days).

eee)

Transfer station for solid waste.

f )

Transportation, treatment units (TTU's) which are used to process/treat hazardous and/or non-hazardous waste/material and which may or may not require permit from such agencies as Department of Health

Services, Regional Water Quality Control Board and Air Pollution Control Board. TTU's shall not be allowed in any zone without the issuance of a Conditional Use Permit. TTU's shall only be considered for permitting if there is an existing industrial, manufacturing or commercial use, and then only for a limited period not to exceed ninety (90) days.

ggg)

Waste to energy facility less than ten (10) megawatts.

hhh)

Water and/or wastewater treatment plant.

iii)

Wind driven electrical generator, for commercial sale as per Division 17.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90508.03 - Prohibited uses.

All other uses not expressly permitted by Section 90508.01 or 90508.02 are prohibited.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90508.04 - Minimum lot/parcel size.

No portion of any lot within the A-2 zone shall contain less than forty (40) acres gross (existing parcels at time of adoption of this title are legal), except in the case of a conveyance to or from a governmental agency or public entity, for public purpose, public utility purpose (non-fee) right-of-way. The intent is to maintain agricultural and in the largest farmable parcel configurations.

EXCEPTION: The lot sizes in any lot reduction exception may require minimum net land area per dwelling unit if an OWTS will be used, as required by County Ordinance Section 8.80.150.

LOT REDUCTION EXCEPTION #1

Notwithstanding Section 90508.04, the planning director or planning commission may approve a parcel map creating no more than two parcels where one or both of the parcels is smaller than the applicable minimum parcel size only if the following conditions can be met.

a.

The subdivision is to authorize conveyance of an existing single family dwelling which was actually constructed prior to April 1, 1976.

b.

The subdivider agrees to convey and surrender development rights to the county covering a sufficient remainder of property to guarantee that the reduction in the lot area will not result in an increase in the density of residential uses than otherwise permitted in the zone in which the property is located. Such a

conveyance shall be in a form approved by the planning director and shall be recorded with the final parcel map.

c.

Compliance is made with all other requirements contained in this title.

LOT REDUCTION EXCEPTION #2

Notwithstanding Section 90508.04, the planning director or planning commission may approve a parcel map creating no more than four parcels where one or all of the parcels is smaller than the applicable minimum parcel size only if all of the following conditions and findings can be met:

CONDITIONS: There are existing small parcels within identified existing enclaves that meet all (a.—e.) of the following parameters:

a.

The existing and the proposed parcels meet or can meet minimum health and safety standards for potable water, for fire protection, for police protection and for sewage disposal.

b.

There are six or more existing small contiguous parcels (one-half to ten (10) acres maximum) within a confined area.

c.

There are at least six existing residences within the enclave.

d.

The enclave consists of parcels sized to allow further division while still meeting minimum parcel sizes that can meet the requirements of this division.

e.

The further division of land within the enclave does not promote the enlargement of the outer boundary of the area.

FINDINGS: To allow divisions of land within an identified enclave the commission and/or board of supervisors must be able to make the following findings:

a.

The division is within an impacted enclave that will not adversely impact surrounding agricultural operations.

b.

The division enhances agricultural land protection by converting existing impacted land more efficiently and by keeping other agricultural land protected.

c.

The division is within an existing enclave of six or more shall (one-half to ten (10) acre) parcels, and six or more existing residences.

d.

The parcel (s) shall not be less than one-half acre net if a full soils report shows adequate soil conditions to support development and long-term sewage disposal capacity. Larger size parcels will be required, if the soil report or other factors necessitate.

e.

The area can be provided adequate fire and police protection services. A written statement from the fire department and the sheriff/police department shall be required.

f.

The division can mitigate and comply with added traffic impacts.

g.

The proposed division has an adequate supply of water to each parcel, through an acceptable conveyance system, and can or will provide potable water to each parcel.

h.

Each existing, as well as proposed parcel, abuts a public road or highway and/or has legal and physical access via a county road.

i.

The long-term impacts of additional sewage disposal system within the enclave is verified and can sustain the additional loads as shown by acceptable engineering studies.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90508.05 - Minimum lot area/dwelling unit. ¶

There shall be no more than one principal single-family dwelling per legal lot in the A-2 zone, except with a conditional use permit. There shall be a minimum one acre per dwelling unit, for the first unit, and there shall be a minimum of thirty thousand (30,000) square feet for any additional dwelling unit that may be allowed. However, when an OWTS is proposed for any dwelling unit, the lot area per dwelling unit shall be a minimum of two and one-half acres as set forth in County Ordinance Section 8.80.150.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90508.06 - Yards and setbacks. ¶

The following yard setback requirements shall apply in the A-2 zone:

Front Yard. Except as otherwise provided, the front yard minimum setback for all buildings shall be as follows:

The minimum front yard setback for all buildings within the A-2 zone shall be thirty (30) feet from the front yard property line or edge of public right-of-way, or in absence of a known (identifiable) property line, eighty (80) feet from centerline of any existing or proposed secondary road or highway. In no case shall the front yard minimum setback be less than thirty (30) feet from the edge of right-of-way.

B.

Side Yard. Except as otherwise provided, the side yard minimum setback for all buildings shall be as follows:

Side yard setback on each side of any building of not less than fivefeet, except that on street sides of a corner lot, the building shall be setback a minimum of thirty (30) feet from the edge of right-of-way.

C.

Rear Yard. Except as otherwise provided, the rear yard minimum setback for all buildings shall be as follows:

There shall be a rear yard setback of not less than ten (10) feet for all structures, except that in the case of through lots that designate rear yard shall be the equivalent of the front yard.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90508.07 - Height.

The following height limits apply in the A-2 zone:

A.

Residential buildings shall not exceed three stories in height or forty (40) feet.

B.

Radio and television antennae, chimney and other residential accessory features, structures, shall not exceed sixty (60) feet in height and as may be required by airport land use compatibility plan (ALUCP).

C.

Nonresidential structures and commercial communication towers shall not exceed one hundred twenty (120) feet in height, and shall meet ALUC plan requirements.

D.

All height limits shall also be subject to the restrictions of other divisions including airport approach zones, etc.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90508.08 - Minimum distance between structures.

The following requirements shall apply to the minimum distance between structures in the A-2 zone:

A.

There shall be least ten (10) feet between any residential structure and a residential accessory structure.

B.

There shall be at least fifteen (15) feet between residential structures.

C.

There shall be at least fifty (50) feet between any residential structure and a non-residential structure housing animals, including pens, coops, stables, barns.

D.

There shall be a minimum of one hundred (100) feet between any sanitary disposal system and a groundwater well.

E.

There shall be at least one hundred (100) feet between any structure/pen housing animals and a groundwater well or potable water supply.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90508.09 - Parking.

Off-street parking in the A-2 zone shall be provided in accordance with the requirements of Section 90402.01(A), residential uses. Each single-family dwelling shall meet this requirement. Additional parking shall be required for accessory or secondary uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90508.10 - Signs.

The following signs shall be permitted in the A-2 zone; however, all signs shall be subject to Section 90401 as applicable:

1.

Temporary real estate signs not exceeding twenty (20) square feet, and advertising the property for sale or lease, and meeting requirements of Division 4, Chapter 1, of this title.

2.

Temporary construction signs related to construction on said property, meeting requirements of Division 4, Chapter 1.

3.

Temporary political, religious, civic and campaigning signs not to exceed three months, meeting requirements of Division 4, Chapter 1.

Signs approved in conjunction with a Conditional Use Permit approved for the site.

5.

Temporary agricultural signs as allowed by Section 90401.10.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90508.11 - Landscaping.

Landscaping for nonresidential development in the A-2 zone shall be the same as the M-1 zone (excluding crop and tree farming). Landscaping for residential development shall be the same as the R-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90508.12 - Special review procedures and development standards.

The following special review procedures and development standards shall apply in the A-2 zone:

A.

Temporary farm stand for the sale of agriculture, horticultural or farming products, permitted within the A-2 zone shall comply with the following standards:

1.

Comply with standards of Division 17 of the Food and Agricultural Code and Chapter 12.5 of the California Health and Safety Code.

2.

The floor area of the farm stand shall not exceed six hundred (600) square feet.

3.

The farm stand shall not be located closer than twenty-five (25) feet from the driveway line of the front yard.

4.

The stand shall be erected in such a manner that it can be readily removed.

5.

The owner shall remove the stand at his or her own expense, when the stand is not in use for a period of sixty (60) consecutive days.

6.

Customer parking, at the ratio of one car per one hundred (100) square feet, with a minimum of two car spaces shall be provided, and shall be surfaced to prevent fugitive dust emissions.

B.

A mobile home or recreational vehicle permitted as a temporary dwelling during construction of a conventional dwelling shall comply with the following standards.

1.

Building permits for construction of a conventional single-family residence shall be obtained prior to or concurrent with the installation of the permit for the mobile home or RV.

2.

The mobile home shall be removed from the premises if:

a.

Six months has passed since the mobile home or recreational vehicle was installed;

b.

Seven days has passed since the conventional dwelling was approved for occupancy;

c.

The building permit has lapsed due to lack of activity.

3.

One extension of time for a period not to exceed six months may be directed by the director of planning, upon written request by the property owner. Extension may only be approved subject to the following condition:

a.

An active building permit is on file with Imperial County Planning and Development Services Department.

b.

The construction of a conventional dwelling unit on the site has progressed to a stage of inspection and approval, for the framing, rough electric, rough mechanical and top out.

C.

Temporary Visitors Use. While the use of recreational vehicles (R.V.s) is not allowed as temporary or permanent residential dwellings, the incidental and occasional utilization of an R.V. may be allowed under the following conditions:

1.

An R.V. may be connected to utilities and occupied for a period not to exceed two weeks annually per Title 12.04 et al. of the Imperial County Codified Ordinances.

The R.V. connections are installed to meet applicable health and safety code regulations, and permitted by planning and development services department.

3.

The R.V. connections are for the primary use and are not independent service connections.

4.

The R.V. is not allowed in or upon any public street or right-of-way.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 9 - A-3 (HEAVY AGRICULTURE)

90509.00 - Purpose and applicability.

The purpose of the A-3 (heavy agriculture) [forty (40) acres or larger typical] zone is to designate areas that are suitable for agricultural land uses; to prevent the encroachment of incompatible uses onto and within agricultural lands; and to prohibit the premature conversion of such lands to non-agricultural uses. It is a land use that is to promote the heaviest of agricultural uses in the most suitable land areas of the county. Uses in the A-3 zoning designation are limited primarily to agricultural related uses and agricultural activities that are compatible with agricultural uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90509.01 - Permitted uses in the A-3 zone.

The following uses are permitted in the A-3 zone provided they meet the requirements of this Title:

a)

Agricultural accessory structure(s) (including cargo containers).

b)

Agricultural industry and agricultural services when incidental to and secondary to the primary use of the agricultural parcel and by the same land owner.

c)

All uses shown in Section 90508.01 but not Section 90507.01.

d)

Animal sales yards or stockyard.

e)

Contract harvesting, when incidental to and secondary to the primary use of the premise for agriculture.

f)

Cotton gins.

g)

Cheese and other dairy product manufacturing.

h)

Dehydration mills.

i)

Electrical Vehicles Charging Stations as an Accessory Use. (incidental to Primary Use).

j)

Farm stands, temporary in nature, and incidental to the permitted primary use are allowed. Retail sales of processed products, processed under A-3 Zone provided that they are incidental to and secondary to the primary use, subject to Section 90509.12.(A).

Feedlots.

l)

Fruit, vegetable and plant product processing including, cold storage, packaging, preserving, canning, and shipping.

m)

Home Occupation per Division 4, Chapter 4 of Title 9 Land Use Ordinance (Home Occupation permit required).

Honey extraction.

o)

p)

Miscellaneous uses. Accessory building, structures including cargo tank containers, if incidental to and accessory to the primary permitted use, flood control facilities, home occupation, hunting or fishing clubs without permanent structures, water storage or groundwater recharge facilities, water systems, sewage treatment facilities, wildlife or natural preserves.

q)

Residential accessory structure(s) (including cargo containers).

r)

Single-family dwelling.

s)

Solar energy extraction generation provided that it is for on-site consumption only.

t)

The breeding and raising of animals including, bee keeping, cattle or livestock grazing, birds, dairy stock, fish and frogs, hogs, horse, donkeys, mules, poultry, rabbits, and sheep.

u)

The growing-and harvesting of all agricultural crops, including berry crops, bush crops, field crops (both dry and irrigated), flowers, and horticultural specialties, greenhouse, nursery, nut, timber, vegetable and vine.

v)

Residential accessory structures, farm labor housing under California law.

w)

Transmission lines, including supporting towers, poles microwave towers, utility substations.

Special Note: The uses under agricultural industries may be in the form of a co-operative, corporation, limited partnership or sole proprietorship provided, if the facility continues to be used for agricultural-related processing. In the event the facility ceases to operate, it shall not be converted to another non-agricultural related processing or other commercial/industrial use.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90509.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the A-3 Zone provided they meet the requirements of this Title:

a)

Abattoir or animal slaughter house.

b)

Accessory Dwelling Unit (one additional) unit per legal parcel, not to exceed two per legal parcel which cannot then be subdivided at a later date.

Agricultural animal products processing including, meat and fish packing, canning and shipping, provided the livestock is produced or grown by the owner of the process facility on the premise or on land, leased, rented or owned by the owner of the processing facility. This section does not allow for slaughterhouses, rendering plants or tanning operations or any similar animal or agricultural waste or by product processing.

d)

Agricultural chemical storage, shipping and packing facilities (no manufacturing).

e)

Agricultural related trucking facility (hauling primarily agricultural products).

f)

Airports or aircraft landing fields for private non-commercial use and agricultural air applicators.

g)

Animal hospitals, kennels and veterinarian office.

Animal shelters.

i)

Battery Storage Facility (must be connected to an existing electrical power generation plant such as solar, geothermal, wind, natural gas, or other renewable energy generator, as an accessory unit to said power plant) The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

j)

Bio-mass energy conversion plant.

k)

Cemeteries, columbariums, crematories and mausoleums.

l)

Processing facilities.

m)

City, County, State and Federal enterprises, including buildings, facilities and uses of departments or institutions.

thereof

which are necessary or advantageous to the general welfare of the community.

Cold storage facility for agricultural products.

o)

p)

Composting Facility.

q)

Concrete or asphalt batch plants (Temporary and in conjunction with an active capital improvement project).

Dams and/or Reservoir.

s)

Drainage control systems.

t)

Equestrian establishments, stables and riding academies.

u)

Ethanol plants with a capacity not to exceed one million (1,000,000) gallons a year.

v)

Explosive material storage and handling.

w)

Farm labor housing for contract labor.

x)

Farm machinery and equipment repair facilities.

y)

Fertilizer mixing, storage and transport facilities (not manufacturing).

z)

Fireworks; assembly and storage according to § 90501.17.

aa)

Flower mills.

bb)

Geothermal test facilities, Intermediate projects, and major exploratory wells meeting the requirements in Division 17.

cc)

Glucose processing.

dd)

Government office or public buildings.

ee)

Grain elevators for commercial storage and shipping.

ff)

Guest ranches.

gg)

Hay processing and storage.

hh)

Heliport.

ii)

Hog ranches.

jj)

Hospitals, sanitariums and rest homes.

kk)

Industrial Hemp: manufacturing into semi-finished and finished products, subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

ll)

Labor camps.

mm)

Land application of sludge or similar product/waste to agricultural land.

nn)

Major facilities relating to the generation and transmission of electrical energy, provided such facilities are not, under state or federal law, to be approved exclusively by an agency or agencies of the state and/or federal governments and provided that such facilities shall be approved subsequent to coordination and review with the Imperial Irrigation District for electrical matters, meeting the requirements in Division 17. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

oo)

Major geothermal projects, meeting the requirements in Division 17.

pp)

Mining and mineral extraction or rock, gravel, sand and crushing processing.

qq)

Non-hazardous waste facility.

rr)

Oil extraction.

ss)

Private airports.

tt)

Public agency or public utility buildings and structures.

uu)

Race tracks (non-motorized).

vv)

Restricted Produce Sales. This "restricted" produce sales would allow for the retail sales of minor food items and souvenirs generally attributable to items sold at roadside and fruit stands, provided, however, that such use is otherwise allowable by State and local laws.

ww)

Septic disposal systems.

xx)

Shooting range.

yy)

Solar energy plants meeting the requirements in Division 17.

zz)

Special Occasion Facility.

aaa)

Surface mining operations.

bbb)

Tasting rooms.

ccc)

Temporary construction yard/office.

ddd)

Temporary Real Estate tract offices and signs.

eee)

Transfer stations (solid waste non-hazardous).

f )

Transportation Treatment Units (TTU's) which are used to process/treat process hazardous and/or nonhazardous waste/material and which may or may not be required permit from such agencies as Department of Health Services, Regional Water Quality Control Board and Air Pollution Control Board shall only be permitted through a Conditional Use Permit. TTU's shall not be allowed in any other zone and only with the issuance of a Conditional Use Permit. TTU's shall only be considered for permitting in the zones if there is an existing industrial, manufacturing or commercial use to which the TTU would be an accessory use, and then only for a limited period not to exceed ninety (90) days.

ggg)

Veterinary clinics.

hhh)

Waste to energy facilities.

iii)

Water treatment plants.

jjj)

Wineries.

kkk)

Wool pulling and scouring.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90509.03 - Prohibited uses. ¶

All other uses not permitted specifically by Sections 90509.01 and 90509.02 of this chapter are prohibited.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90509.04 - Minimum lot size. ¶

No portion of any lot parcel within the A-3 zone shall contain less than forty (40) acres gross, except in the case of conveyances to or from a governmental agency, public entity, public utility, community water company or mutual water company, or parcels less than forty (40) acres (net or gross) at time of adoption of this ordinance. The intent is to maintain all agricultural land in the largest farmable parcel size.

EXCEPTION:

LOT REDUCTION EXCEPTION #1

Notwithstanding Section 90509.04, the planning director or planning commission may approve a parcel map creating no more than two parcels where one or both of the parcels is smaller than the applicable minimum parcel size and only if the following conditions can be met:

a.

The subdivision is to authorize conveyance of a single-family dwelling which was actually constructed prior to April 1, 1976.

b.

c.

Compliance is made with all other requirements contained in this title.

LOT REDUCTION EXCEPTION #2

Notwithstanding Section 90508.04, the planning director or planning commission may approve a parcel map creating no more than four parcels where one or all of the parcels is smaller than the applicable minimum parcel size and only if all of the following conditions and findings can be met:

CONDITIONS: There are existing small parcels within identified existing enclaves that meet all (a.-e.) of the following parameters.

a.

The existing and the proposed parcels meet or can meet minimum health and safety standards for potable water, for fire protection, for police protection and for sewage disposal.

b.

There are six or more existing small, contiguous parcels (one-half to ten (10) acres maximum) within a confined area.

c.

There are at least six existing residences within the enclave.

d.

The enclave consists of parcels sized to allow further division while still meeting minimum parcel sizes the can meet the requirements of this division.

e.

The further division of land within the enclave does not promote the enlargement of the outer boundary of the area.

FINDINGS: To allow divisions of land within an identified enclave the commission and/or board of supervisors must be able to make the following findings:

a.

The division is within an impacted enclave that will not further adversely impact surrounding agricultural operations.

b.

The division enhances agricultural land protection by converting existing impacted land more efficiently and by keeping other agricultural land protected.

c.

The division is within an existing enclave of six or more (< ten (10) acres) parcels, and six or more existing residences.

d.

e.

The area can be provided adequate fire and police protection services. A written statement from the fire department and the sheriff/police department shall be required.

f.

The division can mitigate and comply with added traffic impacts.

g.

The proposed division has an adequate supply of water to each parcel, through an acceptable conveyance system, and can or will provide potable water to each parcel.

h.

Each existing, as well as proposed parcel, abuts a public road or highway and/or has legal and physical access via a county road.

i.

The long-term impacts of additional sewage disposal system within the enclave is verified and can sustain the additional loads as shown by acceptable engineering studies.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90509.05 - Minimum lot area per dwelling unit.

There shall be not more than one principal single-family dwelling on any legal parcel in the A-3 zone, except that by a conditional use permit, a caretaker residence may be allowed in addition to the principal residence. Where due to a proven need two caretaker's residences are needed to service an existing on-site use, two may be allowed upon adequate findings. Where one or more residence is allowed in an A-3 zone, they shall not be allowed to be subdivided from the existing parcel at a later date. However, when an OWTS is proposed for any dwelling unit, the lot area per dwelling unit shall meet the standards set forth in County Ordinance Section 8.80.150.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90509.06 - Yards and setbacks.

The following yard and setback requirements shall apply in the A-3 zone:

A.

Front Yard. Except as otherwise provided, the front yard minimum setback for all buildings shall be as follows:

1.

Thirty (30) feet minimum from front yard property line or eighty (80) feet from centerline of adjacent street

2.

Thirty (30) feet from the front yard property line for all nonresidential structures.

3.

Three hundred (300) feet from centerline of adjacent major collector roads, if any, for any animal, livestock pens

One hundred (100) feet from centerline of adjacent street for any agricultural processing facility

B.

Side Yard. Except as otherwise provided, the side yard minimum setback for all buildings shall be as follows:

There shall be a side yard setback on each side of a building of not less than ten (10) feet.

C.

Rear Yard. Except as otherwise provided, the rear yard minimum setback for all buildings shall be as follows:

There shall be a rear yard of not less than ten (10) feet for all structures.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90509.07 - Height.

The following height limits apply in the A-3 zone:

A.

Residential buildings shall not exceed three stories in height or forty (40) feet.

B.

Radio and television antennae, chimney and other residential accessory features, structures, shall not exceed sixty (60) feet in height and as may be required by the airport land use compatibility plan (ALUCP).

C.

Nonresidential structures and commercial communication towers shall not exceed one hundred twenty (120) feet in height, and as may be required by the airport land use compatibility plan (ALUCP).

D.

All height limits shall also be subject to the restrictions of other divisions including airport approach zones, etc.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90509.08 - Minimum distance between structures.

The following requirements shall apply to the minimum distance between structures in the A-3 zone:

A.

There shall be least ten (10) feet between any residential structure and a residential accessory structure.

B.

There shall be at least fifteen (15) feet between residential structures,

C.

There shall be at least fifty (50) feet between any residential structure and a non-residential structure housing animals, including pens, coops, stables, barns.

D.

There shall be a minimum of one hundred (100) feet between any sanitary disposal system and a groundwater well.

E.

There shall be at least one hundred (100) feet between any structure/pen housing animals and a groundwater well or potable water supply.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90509.09 - Parking.

Off-street parking shall be provided in the A-3 zone according to the standards contained in Sections 90402.00 through 90402.16 of this title.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90509.10 - Landscaping. ¶

Landscaping for nonresidential development in the A-3 zone shall be the same as the M-1 zone (excluding crop and tree farming). Landscaping for residential development shall be the same as the R-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90509.11 - Signs. ¶

The following signs shall be permitted in the A-3 zone; however, all signs shall be subject to Section 90401 as applicable:

1.

Temporary real estate signs, not exceeding twenty (20) square feet, in advertising property for sale or lease and meeting the requirements of Division 4, Chapter 1.

2.

Temporary construction signs related to construction on said property, again meeting requirements of Division 4, Chapter 1.

3.

Temporary political, religious, civic and campaign sign not exceeding three months in duration and meeting the requirements of Division 4, Chapter 1.

Signs related to agricultural products grown on-site or for sale on-site.

5.

Institutional identification signs when approved in conjunction with the CUP.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90509.12 - Special review procedures and development standards.

The following special review procedures and development standards shall apply in the A-3 zone:

A.

Temporary farm stand for the sale of agriculture, horticultural or farming products, permitted within the A-3 zone shall comply with the following standards:

1.

Comply with standards of Division 17 of the Food and Agricultural Code and Chapter 12.5 of the California Health and Safety Code.

2.

The floor area of the farm stand shall not exceed six hundred (600) square feet.

3.

The farm stand shall not be located closer than twenty-five (25) feet from the driveway line of the front yard.

4.

The stand shall be erected in such a manner that it can be readily removed.

5.

The owner shall remove the stand at his or her own expense, when the stand is not in use for a period of one hundred twenty (120) consecutive days.

6.

Customer parking, at the ratio of one car per one hundred (100) square feet, with a minimum of two car spaces shall be provided, and shall be surfaced to prevent fugitive dust emissions.

B.

A mobile home or recreational vehicle permitted as a temporary dwelling during construction of a conventional dwelling shall comply with the following standards.

1.

Building permits for construction of a conventional single-family residence shall be obtained prior to or concurrent with the installation of the permit for the mobile home.

The mobile home shall be removed from the premises if:

a.

Six months has passed since the mobile home or recreational vehicle was installed;

b.

Seven days has passed since the conventional dwelling was approved for occupancy;

c.

The building permit has lapsed due to lack of activity.

3. a.

An active building permit is on file with Imperial County Planning and Development Services Department.

b.

The construction of a conventional dwelling unit on the site has progressed to a stage of inspection and approval, for the framing, rough electric, rough mechanical and top out.

C.

1.

An R.V. may be connected to utilities and occupied for a period not to exceed two weeks annually per Section 12.04 et al.

2.

The R.V. connections are installed to meet applicable health and safety code regulations, and permitted by planning and development services department.

3.

The R.V. connections are for the primary use and are not independent service connections.

The R.V. is not allowed in or upon any public street or right-of-way.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 10 - AM-1 (AGRICULTURAL RELATED LIGHT INDUSTRIAL)

90510.00 - Purpose and application.

The purpose of the AM-1 (agriculture related light industrial) zone is to:

A.

Provide a zone that is consistent with the intent of the general plan to protect agriculture and at the same time allow limited but compatible industrial uses within the agriculture land use categories;

B.

Provide areas that are suitable for agricultural related light industrial land uses, yet are still compatible with and create no adverse impacts on adjacent agricultural land uses;

C.

Provide an opportunity for existing industrial uses, or for existing M-1 and M-1-N zones to become consistent with the general plan without becoming pre-existing nonconforming uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90510.01 - Permitted uses in the AM-1 zone.

The following uses are permitted in the AM-1 zone provided they meet the requirements of this title:

a)

Accessory dwelling unit per Section 90405.02 incidental to primary use (i.e. caretakers residence; owners residence, security guard residence).

b)

Agricultural accessory structure(s) (including cargo containers).

c)

Agriculture chemical (fertilizer, pesticides, etc.) sales and shipping (not manufactured).

d)

Agricultural signs less than one hundred (100) square feet and less than fifteen (15) feet high. See Section 90510.10.

All agricultural (farming) uses in the A-2 zone as listed under Section 90508.01.

f)

Animal grooming.

g)

Animal kennel or boarding facility.

h)

Animal training facility.

i)

Cold storage facilities for agriculture products.

j)

Contract harvesting business.

Electrical vehicles charging stations as an accessory use (incidental to primary use).

l)

Equestrian establishment.

m)

Farm implement manufacturing (light manufacturing and assembly with less than twenty (20) employees).

Farm implement rental facility.

o)

Farm implement repair (facility with less than twenty (20) employees).

p)

Farm implement sales including parts (new).

q)

Farm implement sales including parts (used).

r)

Farmers market facility.

s)

Feed stores (rental and wholesale) (not regional distribution centers).

Fuel (bulk) sales.

Gardening and landscape supply store.

v)

Industrial hemp, including the cultivation, harvesting and testing, and light processing, subject to Division 4, Chapter 6 of Title 9, Land Use Ordinance and Title 14 of the Imperial County Codified Ordinances.

Industrial hemp manufacturing into semi-finished and finished products, subject to Division 4, Chapter 6 of Title 9, Land Use Ordinance and Title 14 of the Imperial County Codified Ordinances.

Mineral exploration.

Packaging facility for agricultural products.

Poultry butchering including processing and shipping.

aa)

Processing facility for agricultural products.

bb)

Seed processing facility.

cc)

Seed stores (retail and wholesale).

dd)

Solar energy extraction generation provided that it is for on-site consumption only.

ee)

Veterinary clinic/hospital.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90510.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the AM-1 Zone provided they meet the requirements of this Title:

a)

Agriculture chemical manufacturing.

b)

Commercial Cannabis (Manufacturing), subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

Composting facility.

d)

Farm labor bus transport facility.

Farm labor housing.

Heliports.

Mineral extraction facility.

i)

Race track for horse or dog racing.

j)

Rendering facility.

Slaughterhouse.

Solar power generation meeting the requirements in Division 17. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

m)

Solid waste transfer station.

n)

Waste to energy facility.

o)

Wind electric power generation, meeting the requirements in Division 17.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90510.03 - Prohibited uses.

All uses not expressly permitted either under Section 90510.01 or 90510.02 are strictly prohibited. In addition, where an agricultural industrial use/business is allowed in an AM-1 zone, it shall not be converted to a nonagricultural use, for a minimum of seven years from date of certificate of occupancy for any project developed after adoption of this title or five years from adoption of this title for any project operating in compliance with this zone at date of adoption.

Prior to such a conversion, the property owner/operator shall file a written request for a zone change in allowed use. The county may approve or deny such a request upon a public hearing before the planning commission and/or the board of supervisors. To allow the change the county must be able to find that the proposed change meets all of the following:

A.

The proposed use does not create or impose an adverse impact on the adjoining agricultural land uses.

B.

The proposed use has or will have adequate infrastructure which at a minimum shall include adequately sized and designed roads, wastewater treatment and related infrastructure.

C.

The average daily trips (ADT) count for the proposed new project is less than or equal to the average ADT for the existing project. If the new project exceeds the average ADT, a traffic study shall be required and all required mitigation measures implemented.

D.

Applicant has met the burden of proof to show that there are no other alternatives available to him/her except for the conversion to a non-agricultural land use.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90510.04 - Minimum lot/parcel size. ¶

No portion of or any lot within the AM-1 zone shall contain less than one acre net.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90510.05 - Minimum lot/area improvement standards.

In order for structures and/or facilities and/or land uses allowed in the AM-1 zone to be consistent with the intent of the general plan they shall meet the minimum requirements of this title, applicable state and federal regulations and the following standards:

A.

Traffic: Any AM-1 use that generates in excess of one hundred (100) ADT (to and from the facility) shall prepare a traffic study and shall implement all traffic mitigation measures, including turn lanes, signal lights, signage etc., as determined by the department of public works.

B.

Air Quality: Any AM-1 use shall comply with and obtain permits from the air quality control district prior to construction/operation, if determined necessary by the air pollution control officer.

C.

Water and Wastewater: Any AM-1 use that requires by federal, state or local law/code or employs people shall provide treated (potable) water meeting the California drinking water standard. Likewise any such facility shall provide for wastewater treatment meeting California Regional Water Quality Control Board (CRWQCB) standards.

D.

AG Compatibility: It shall be the obligation through studies, if necessary, for the proponent/owner of an AM-1 facility/use to prove that the use is compatible with the adjacent agricultural land uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90510.06 - Yards and setbacks.

The following yard setback requirements shall apply in the AM-1 zone:

A.

Front Yard. Except as otherwise provided, the front yard minimum setback for all buildings shall be as follows:

1.

Twenty-five (25) feet minimum from public right-of-way; and/or

Eighty (80) feet from centerline of existing or proposed secondary arterial; and/or

3.

Sixty (60) feet from centerline of existing or proposed local street; and/or

4.

Sixty-five (65) feet from centerline of existing or proposed collector.

B.

Side Yard. Except as otherwise provided, the side yard minimum setback for all buildings shall be as follows:

1.

Ten (10) feet on each side.

2.

Except that on a corner lot, the side facing a street shall be the same as the front yard.

3.

Except that the side yard may be zero feet setback where the construction of the wall including parapet is of four-hour fire-resistant construction and provided the overall height of the structure is less than twenty (20) feet.

C.

Rear Yard. Except as otherwise provided, the rear yard minimum setback for all buildings shall be as follows:

1.

Ten (10) feet minimum.

2.

The rear yard may be zero feet setback where the construction of the wall including parapet is of four-hour fire-resistant construction and provided the overall height of the structure is less than twenty (20) feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90510.07 - Height.

The following height limit shall apply in the AM-1 zone:

A.

Primary Structure: Eighty (80) feet.

Accessory Structure(s): Thirty (30) feet.

C.

Architectural appurtenances such as TV and radio antennae, communication towers, silo elevators shall not exceed one hundred (100) feet.

D.

All height limits shall meet and be subject to other divisions within this title and other applicable regulations such as the airport land use compatibility plan.

NOTE: Height shall be measured from the average ground level (AGL) of the parcel.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90510.08 - Minimum distance between structures.

The following minimum distances between structures in the AM-1 zone shall be provided:

A.

There shall be at least twenty (20) feet between the primary structure and any accessory structure.

B.

There shall be at least fifty (50) feet between a light industrial use structure and a residence.

C.

There shall be at least one hundred (100) feet between any structure housing animals or processing animals and a residence.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90510.09 - Parking.

The parking for the AM-1 zone shall be the same as required for the M-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90510.10 - Signs.

The following signs shall be permitted in the AM-1 zone; however, all signs shall be subject to Section 90401 as applicable:

A.

Temporary real estate signs advertising the property for sale or rent, and not to exceed twenty (20) square feet.

Temporary construction signs not to exceed forty (40) square feet.

C.

Temporary political, religious or civic campaign signs, not to exceed three months.

D.

Agricultural signs not to exceed one hundred (100) square feet.

E.

Institutional identification signs.

F.

Off-site directional signs.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90510.11 - Landscaping.

Landscaping in the AM-1 zone shall be the same as the M-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 11 - AM-2 (AGRICULTURALLY RELATED - MEDIUM INDUSTRIAL)

90511.00 - Purpose and application.

The purpose of the AM-2 (agricultural related industrial) zone is to:

A.

Provide a zone that is consistent with the intent of the general plan to protect agriculture and at the same time allow limited but compatible and consistent agricultural related industrial land uses within the agricultural land use categories as defined in the general plan.

B.

Provide uses that are suitable for agricultural related medium intensity industrial land uses, yet are still consistent with the general plan and compatible with the agricultural land uses in the vicinity, that are intended not to create adverse impacts on adjacent agricultural land or adjacent infrastructure.

C.

Provide an opportunity for existing industrial uses or for existing M-2 and M-2-N zones to become consistent with the general plan without becoming pre-existing, nonconforming uses.

D.

Provide an opportunity for on-farm processing of agricultural related products and produce that while industrial in nature, can be safely, effectively done within the agricultural designated land uses without adversely affecting either the surrounding agricultural land uses and without becoming a detriment on planned industrial areas.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90511.01 - Permitted uses in the AM-2 zone.

The following uses are permitted in the AM-2 zone provided they meet the requirements of this title:

a)

Agricultural accessory structure(s) (including cargo containers).

Agricultural chemical manufacturing.

Agricultural chemical (fertilizer, pesticide, etc.) sales, handling and shipping (not disposal).

d)

Agricultural signs, less than one hundred (100) square feet and less than fifteen (15) feet in height. See Section 90511.10.

All agricultural (farming) uses in the A-3 zone as listed under Section 90509.01.

Animal grooming and training facility.

g)

Animal kennel or boarding facility.

h)

Aquaculture product packaging, processing and shipping plant.

i)

Cold storage facilities for agricultural products.

j)

Composting facility.

Contract harvesting businesses.

Cotton gins.

Creamery and other dairy product processing.

Dehydration plant.

Electrical vehicles charging stations as an accessory use (incidental to primary use).

Equestrian establishment.

q)

Farm implement manufacturing (medium manufacturing and assembly with more than twenty (20) employees).

Farm implement rental facility.

Farm implement repair facility (facility with more than twenty (20) employees).

t)

Farm implement sales and parts (new).

u)

Farm implement sales (used) (include dismantling).

Farmers market.

w)

Farm labor bus transport facility.

Farm labor housing.

Feed stores (rental and wholesale).

Fuel (bulk) sales.

aa)

Gardening and landscape supply store.

bb)

cc)

Industrial hemp manufacturing into semi-finished and finished products, subject to Division 4,, Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinances.

dd)

Mineral exploration.

ee)

Packing facility for agricultural products.

ff)

Poultry butchering including processing and shipping.

gg)

Processing facility for agricultural products.

hh)

Accessory dwelling unit incidental to primary use (i.e. caretakers residence, owners residence, security guards residence) per Section 90405.02.

ii)

Seed processing facility.

jj)

Seed store, retail and wholesale.

kk)

Slaughterhouse.

ll)

Solar energy extraction generation provided that it is for on-site consumption only.

mm)

Vegetable and other produce packaging, processing and shipping plant.

nn)

Veterinary clinic/hospital.

oo)

Winery.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90511.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the AM-2 Zone provided they meet the requirements of this Title:

Agricultural pesticide manufacturing.

Asphalt and concrete batch plants.

Blacksmith shop.

Coffee roasting.

Commercial Cannabis Manufacturing, subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

f)

g)

Manufacturing, compounding, assembling or treating or articles or merchandise from previously prepared materials as follows: bone, quartz, feather, felt, fur, hair, horn, paper, leather, tobacco, wood, manufacturing of batteries, manufacturing of ice, manufacturing of soap, manufacturing of textiles.

Mineral extraction facility.

Race track for horse or dog racing.

Rendering facility.

Soap manufacturing.

Sold waste transfer station.

Taxidermist.

Temporary contractor's yard.

Manufacturing.

Waste to energy facility.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90511.03 - Prohibited uses.

All uses not expressly permitted in Section 90511.01 or 90511.02 are strictly prohibited.

(Ord. No. 1565, §§ 3, 4, 12-15-20) 90511.04 - Minimum lot/parcel size.

No portion of any lot within the AM-2 zone shall contain less than two acres (net).

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90511.05 - Minimum lot/area improvement standards. ¶

In order for structures and/or facilities and/or land uses allowed in the AM-2 zone to be consistent with the intent of the general plan they shall meet the minimum requirements of this title, applicable state and federal regulations and the following standards:

A.

Traffic: Any AM-2 use that generates in excess of one hundred (100) ADT (to and from the facility) shall prepare a traffic study and shall implement all traffic mitigation measures, including turn lanes, signal lights, signage etc., as determined by the department of public works.

B.

Air Quality: Any AM-2 use shall comply with and obtain permits from the air quality control district prior to construction/operation, if determined necessary by the air pollution control officer.

C.

Water and Wastewater: Any AM-2 use that requires by federal, state or local law/code or employs people shall provide treated (potable) water meeting the California drinking water standard. Likewise any such facility shall provide for wastewater treatment meeting California Regional Water Quality Control Board (CRWQCB) standards.

D.

AG Compatibility: It shall be the obligation through studies, if necessary, for the proponent/owner of an AM-2 facility/use to prove that the use is compatible with the adjacent agricultural land uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90511.06 - Yards and setbacks. ¶

The following yard setback requirements shall apply in the AM-2 zone:

A.

Front Yard. Except as otherwise provided, the front yard minimum setback for all buildings shall be as follows:

1.

Twenty-five (25) feet minimum from public right-of-way; and/or

2.

Eighty (80) feet from centerline of existing or proposed secondary arterial; and/or

3.

Sixty (60) feet from centerline of existing or proposed local street; and/or

Sixty-five (65) feet from centerline of existing or proposed collector.

B.

Side Yard. Except as otherwise provided, the side yard minimum setback for all buildings shall be as follows:

1.

Ten (10) feet on each side, except that on a corner lot, the side facing a street shall be the same as the front yard.

2.

The side yard may be zero feet setback where the construction of the wall including parapet is of four-hour fire-resistant construction and provided the overall height of the structure is less than twenty (20) feet.

C.

Rear Yard. Except as otherwise provided, the rear yard minimum setback for all buildings shall be as follows:

1.

Ten (10) feet minimum.

2.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90511.07 - Height.

The following height limit shall apply in the AM-2 zone:

A.

Primary Structure: Eighty (80) feet.

B.

Accessory Structure(s): Thirty (30) feet.

C.

Architectural appurtenances such as TV and radio antennae, communication towers, silo elevators shall not exceed one hundred (100) feet.

D.

All height limits shall meet and be subject to other divisions within this title and other applicable regulations such as the airport land use compatibility plan.

NOTE: Height shall be measured from the average ground level (AGL) of the parcel.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90511.08 - Minimum distance between structures.

The following minimum distances between structures in the AM-2 zone shall be provided:

A.

There shall be at least twenty (20) feet between the primary structure and any accessory structure.

B.

There shall be at least fifty (50) feet between a light industrial use structure and a residence.

There shall be at least one hundred (100) feet between any structure housing animals or processing animals and a residence.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90511.09 - Parking.

The parking for the AM-2 zone shall be the same as required for the M-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20) 90511.10 - Signs.

The following signs shall be permitted in the AM-2 zone; however, all signs shall be subject to Section 90401 as applicable:

A.

Temporary real estate signs advertising the property for sale or rent, and not to exceed twenty (20) square feet.

B.

Temporary construction signs not to exceed forty (40) square feet.

C.

Temporary political, religious or civic campaign signs, not to exceed three months.

D.

Agricultural signs not to exceed one hundred (100) square feet.

E.

Institutional identification signs.

F.

Off-site directional signs.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90511.11 - Landscaping.

Landscaping in the AM-2 zone shall be the same as the M-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 12 - C-1 (LIGHT COMMERCIAL)

90512.00 - Purpose and applicability.

The purpose of the C-1 (light commercial) zone is to designate areas for low density commercial activities that are oriented to serving and compatible with nearby residential areas. The C-1 zone may also be combined with the combination use MP zone (multi-purpose overlay) referenced Title 9, Division 3, Chapter 6 to achieve innovative unique and inventive office or commercial development. The C-1 zone typically includes small retail service oriented commercial activities. The C-1 zones are generally located in residential neighborhoods along major or secondary highways.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.01 - Permitted uses in the C-1 zone.

The following uses are permitted in the C-1 zone provided they meet the requirements of this title:

Art gallery.

b)

Artist studio.

c)

Automobile parking areas when developed as required by this division if adjacent to a residential zone.

Automobile service station (containing not more than six pumps).

Auto parts and accessory retail store.

Bakeries.

Banks.

Barber/beauty shop.

Bar/tavern/cocktail lounge.

Bath house (including saunas, spa, Turkish, steam or tanning).

Bicycle sales (including rental and service).

Book store.

Business or professional office.

n)

Caretaker, security or proprietor residential quarters (accessory dwelling unit per Section 90405.02).

Charitable or public service organizations.

Christmas tree sales (temporary).

Church.

Clinic (medical for out-patient use only).

Clothing and apparel stores (small not large department stores).

t)

Commercial accessory structure(s) (including cargo containers).

Community or senior service center.

Computer stores (retail and repair).

Confectionery stores.

Convenience market.

Dress making or millinery shops.

Drive-in food market or dairy.

aa)

Driving school.

bb)

Drug and pharmacy store.

cc)

Dry cleaning, pressing and laundry agencies.

dd)

Dry goods and notions stores.

ee)

Electric appliance stores and repairs.

ff)

Electrical vehicles charging stations as a primary use.

gg)

Elementary school.

hh)

Fast food restaurant.

ii)

Financial institutions.

jj)

Florists shops.

kk)

Food store.

ll)

Gift and cards store.

mm)

Government office or government building.

nn)

Grocery, fruit and vegetable stores.

oo)

Hardware stores (general), excluding outside storage of material.

pp)

Health club, tennis or swim club (in door use only).

qq)

High school.

rr)

Hotels and motels (including bed and breakfasts).

ss)

Household pets (with no outside kennel).

tt)

Ice cream parlor (including yogurt).

uu)

Ice storage houses or not more than five-ton capacity.

vv)

Ice vending machines.

ww)

Instruction school.

xx)

Interior decorating.

yy)

Jewelry stores.

zz)

Junior high school.

aaa)

Laboratory for medical, dental, optical, or biological.

bbb)

Laundry mat/laundry.

ccc)

Lawn mower, including repair, sales and service (including service and repairs, provided it is contained within a building).

ddd)

Library.

eee)

Locksmith and key shop.

f )

Martial arts school.

ggg)

Meat markets or delicatessen stores.

hhh)

Museum.

iii)

Newspaper, magazine stand.

jjj)

Offices, business, professional or public utility.

kkk)

Photographic shops.

lll)

Pre-school.

mmm)

Public buildings.

nnn)

Real estate offices.

ooo)

Research and development office.

ppp)

Restaurant/cafe/coffee shop/team rooms where all customers are served at a table or counter (excluding dancing and entertainment.

qqq)

Retail appliance store (including service and repairs, provided it is contained within a building).

rrr)

Retail store, general.

sss)

Satellite dish (sales and repair).

ttt)

School.

uuu)

Self-service laundries.

vvv)

Shoe stores, shoe repair or shoe sales.

www)

Single-room occupancy units (SRO) and boarding/rooming houses.

xxx)

Solar energy extraction generation provided that it is for on-site consumption only.

yyy)

Specialized stores including meat, vegetable, health foods.

zzz)

Stationary and office supply.

aaaa)

Tailor, clothing or wearing apparel shops.

bbbb)

Taxidermists.

cccc)

Telegraph.

dddd)

Ticket agency.

eeee)

Tobacco store.

f )

Trade school.

gggg)

Travel agency.

hhhh)

Utility substation.

iiii)

Variety store.

jjjj)

Video rental.

The above specified stores, shops and businesses shall be retail establishments selling new merchandise exclusively and shall be permitted only under the following conditions:

Such stores, shops or businesses except automobile service stations shall be conducted entirely within an enclosed building.

Products made incidental to a permitted use shall be sold at retail on the premises.

Any exterior sign displayed shall pertain only to a use conducted within the building.

The accessory building and structures necessary to such use located on the same lot or parcel of land, including a storage garage for the exclusive use of the patrons of the above stores or businesses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the C-1 Zone provided they meet the requirements of this Title:

Airports or aircraft landing fields.

Ambulance.

Mixed use (residential units over commercial).

Auto wash.

e)

Automobile parking garage or parking lot.

Billboard and advertising structures.

Cemeteries, columbariums, crematories and mausoleums.

h)

Cemetery.

Circus or carnival.

j)

City, County, State and Federal enterprises, including buildings, facilities and uses of departments or institutions thereof which are necessary or advantageous to the general welfare of the community.

Club or lodge.

l)

m)

Community care/Veteran facility.

Convalescent home.

o)

Day nurseries and nursery schools.

p)

Educational institutions including schools, elementary and high.

q)

Electrical generation plants.

r)

Electrical substations in an electrical transmission system (500 kv/230 kv/161 kV).

s)

Establishments or enterprises involving large assemblages of people or automobiles, including amusement parks, circuses, carnivals, exposition, fairground, open-air theatres, racetracks, recreational and sport

centers.

t)

Facilities for abused women.

Facilities for the transmission of electrical energy (100—200 kV).

Farm implement sales and metal fabrication.

Fire or police station.

Fraternity or sorority house.

Heliport.

Hospital.

aa)

Hospitals, sanitariums and rest homes.

bb)

Hotels.

cc)

Institutions of a philanthropic nature.

dd)

Labor or union hall.

ee)

Libraries, museums, private clubs and golf courses.

ff)

governments and provided that such facilities shall be approved subsequent to coordination and review with the Imperial Irrigation District for electrical matters. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

gg)

Mausoleums.

hh)

Mini storage.

ii)

Miniature golf course.

jj)

Mobile home parks. kk)

Mortuaries.

ll)

Movie Theater.

mm)

Nursery. nn)

Park or playground.

oo)

Parks, playgrounds and community buildings.

pp)

Pool or billiard parlor.

qq)

Post office.

it)

Printing (topography or blueprints).

ss)

Public agency or utility buildings or facilities.

tt)

Recycling Collection Facility, per Title 8, Chapter 8.68.

uu)

Rehabilitation facility.

vv)

Residential hotel.

ww)

Rest home.

xx)

Retirement home.

yy)

Sanitarium.

zz)

Swap meets. aaa)

Swimming (public).

bbb)

Tennis club (outdoor-public).

ccc)

Used car sales and repair facilities.

ddd)

Video game arcade.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90512.03 - Prohibited uses.

All other uses not permitted specifically by Sections 90512.01 and 90512.02 of this chapter are prohibited in the C-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.04 - Minimum lot size. ¶

Except as otherwise provided within this title no lot, parcel or portion thereof within the C-1 zone shall be less than eight thousand (8,000) square feet net, except in the case of conveyances to or from a governmental agency, public entity, public utility. No parcel within this zone shall have less than sixty (60) feet of street frontage.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.05 - Minimum lot area per dwelling unit.

Where a residential use is permitted on a C-1 zone lot or parcel, there shall be a minimum of one thousand five hundred (1,500) square feet of lot area per dwelling unit, in addition to the minimum lot size.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.06 - Yards and setbacks.

The following yard and setback requirements shall apply in the C-1 zone:

A.

Front Yard. Except as otherwise provided, the front yard minimum setback for all buildings shall be as follows:

1.

Ten (10) feet from front yard property line or right-of-way of public street or easement.

2.

Zero feet from property line or right-of-way line upon the approval of a full site plan review by public works, fire/OES, and planning/building.

B.

Side Yard. Except as otherwise provided, the side yard minimum setback for all buildings shall be as follows:

None required provided that adequate fire segregation is provided between all structures as required under the California Building Code and California Fire Code.

C.

Rear Yard. Except as otherwise provided, the rear yard minimum setback for all buildings shall be as follows:

Shall be a minimum of twenty (20) feet rear yard, except for lots that have public alley access. The director of planning may reduce the rear yard requirement to a minimum of five feet, provided written concurrence is obtained from the Imperial County Fire/OES and Imperial County Public Works Department.

D.

Front, rear and side yard setbacks for residential occupancies permitted within the C-1 zone shall meet the same setbacks as those contained in the R-3 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.07 - Height.

Building and/or structures within the C-1 zone shall not exceed five stories or fifty (50) feet whichever is less.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.08 - Minimum distances between structures.

There are no minimum distances between structures in the C-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.09 - Parking.

Off-street parking shall be provided in the C-1 zone according to the standards contained in Sections 90402.00 through 90402.15 of this Title. Where off-street parking is prohibited vis-à-vis enclosed parking garages that are not readily visible from the street a five-percent reduction in the density may be allowed.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.10 - Landscaping.

Every C-1 lot/parcel shall be landscaped to meet the requirements of Section 90302.04.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.11 - Signs.

The following signs shall be permitted in the C-1 zone; however, all signs shall be subject to Section 90401 as applicable:

1.

Temporary real estate signs, advertising property for sale or lease not to exceed twenty (20) square feet.

2.

Temporary construction signs.

3.

Temporary political signs, not to exceed three months.

4.

Institutional signs.

Signs attached to buildings.

6.

Monument signs.

7.

Pole signs advertising on-site identification uses only.

8.

Off-site advertising signs when approved by a conditional use permit.

All signs shall meet the requirement of Division 4, Chapter 1.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.12 - Yard and property maintenance.

All areas within the C-1 zone shall be, at all times, maintained as not to create a fire or life safety or health hazard either to the occupants of the structures or to neighboring properties.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90512.13 - Special procedures/development standards.

Any residential development allowed within the C-1 zone either as an outright use or as a conditional use shall comply with the provisions and standards as contained in the R-2 zone and meet all applicable health and safety regulations.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 13 - C-2 (MEDIUM COMMERCIAL)

90513.00 - Purpose and applicability.

The purpose of the C-2 (medium commercial) zone is to designate areas for a wide range of retail, commercial activities, including shopping centers, and other medium to high density commercial uses. The C-2 zones are generally located along major highways or collectors.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90513.01 - Permitted uses in the C-2 zone.

The following uses are permitted in the C-2 Zone provided they meet the requirements of this Title;

All permitted uses in the C-1 zone under § 90512.01.

Ambulance.

Antique stores.

Appliance stores, including service and repair provided no outside storage or repair.

Auditoriums for public use.

f)

Auto leasing facilities.

Auto rental.

Auto sales lots (new).

i)

Auto sales lots (used).

j)

Auto service, tire sales and repair.

k)

Auto wash.

l)

Bakery.

Bingo parlor, bowling alley, card room.

n)

Boats sales, including service and parts, provided repairs are completed indoors.

Call Center.

Camera stores.

Carpet cleaning.

Catering.

Charitable public service organizations.

Classifying or experimental, not involving any materials of using explosive or hazardous materials.

Clinic (medical or physical therapy for outpatient use only).

Clothing and apparel stores.

Club or lodge.

Commercial accessory structure(s) (including cargo containers).

Computer stores (large retail/repair).

Convalescent hospital.

aa)

Dance hall, ballroom or discotheque.

bb)

Dance school.

cc)

Department stores.

dd)

Electrical Vehicles Charging Stations as a Primary Use.

ee)

Emergency Shelters.

ff)

Equipment (small equipment rental, repair).

gg)

Farmers market.

hh)

Feed stores.

ii)

Fire/police station.

jj)

Floor covering, drapery and upholstery stores.

kk)

Furniture cleaning, refinishing upholstery.

ll)

Furniture stores.

mm)

Gardening and landscaping stores.

nn)

General surplus.

oo)

Golf/driving range.

pp)

Gun stores (including repair).

qq)

Hardware (general), including lumber sales provided there is no outside storage of materials.

rr)

Health club.

ss)

Hobby supplies.

tt)

Home or office furniture stores.

uu)

Hospital.

vv)

Janitorial service.

ww)

Labor/union hall.

xx)

Laboratory testing.

yy)

Laboratory, including medical, optical and biological.

zz)

Lapidary.

aaa)

Lawn equipment, including repair located entirely within structures.

bbb)

Leather goods and luggage.

ccc)

Liquor stores.

ddd)

Manager, caretaker or proprietors residential quarters (Accessory dwelling unit).

eee)

Military surplus.

f )

Miniature golf course.

ggg)

Mini-warehouse (no outside storage).

hhh)

Mixed use (residential units over commercial).

iii)

Mobile home sales, including rental and service.

jjj)

Mortuary or funeral parlor.

kkk)

Motorcycle sales, including service and repair.

lll)

Movie theater (walk-in).

mmm)

Music.

nnn)

Newspaper or magazine stores.

ooo)

Nursery.

ppp)

Office machine/equipment.

qqq)

Paint and wallpaper stores.

rrr)

Pawn shops. sss) Pest control. ttt)

Pet grooming. uuu)

Pet stores. vvv)

Photographic development. www)

Photographic studio. xxx) Photographic supplier. yyy) Picture framing. zzz)

Plumbing supply, provided no outside storage. aaaa)

Pool or billiard parlor. bbbb) Pottery stores. cccc) Printing. dddd) Public agency. eeee)

Recreational vehicle sales and service.

f )

Rehabilitation facility.

gggg)

Sanitarium.

hhhh)

Self-service auto wash.

iiii)

Single-Room Occupancy Units (SRO) and Boarding/Rooming Houses.

jjjj)

Skating rink, roller or ice skating rink.

kkkk)

Special Occasion Facility.

llll)

Solar energy extraction generation provided that it is for on-site consumption only.

mmmm)

Sporting goods.

nnnn)

Swim instruction school.

oooo)

Tennis or swim club.

pppp)

Theaters (Live).

qqqq)

Toy stores.

rrrr)

Transitional Housing (as defined in Section 50675.2 of the Health and Safety Code).

ssss)

Truck fueling station without repair.

tttt)

Truck sales, including rental provided no repair or service.

uuuu)

Used clothing and household goods.

vvvv)

Utility building.

wwww)

Veterinarians office.

xxxx)

Video game arcade.

yyyy)

Wedding chapels.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23) 90513.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the C-2 Zone provided they meet the requirements of this Title:

Adult book stores.

Adult movie theater.

Airport (private).

Airport (public).

Amusement park.

Auto body repair and painting.

g)

Auto parking garage.

Billboards/Off-site advertising signs.

Bus depot.

Cemeteries, columbarium, mortuary, crematoriums and mausoleums.

Circus or carnival.

College or university.

Commercial Cannabis Retail Sales with Delivery, Distribution and Testing (adult and medicinal) subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

n)

Community care/Veteran facility.

p)

Community sewage treatment facility.

q)

Community water treatment facility.

Contractors storage yard, provided it is incidental to a contractor's business that is that is wholly enclosed within a building or solid screen fence.

Drive-in movie theater.

Equestrian establishment.

Flea market.

Flood control facility.

Fraternity or sorority house.

Heliport.

Massage parlor.

Park or playground.

aa)

Photographic processing plant or wholesale supply.

bb)

Race track.

cc)

Recreational vehicle storage facilities.

dd)

Recreational vehicle park.

ee)

Recycling Collection Facility, per Title 8, Chapter 8.68.

ff)

Residential hotel.

gg)

Shooting range or gun club.

hh)

Sports arena (indoor).

ii)

Sports arena (outdoor).

jj)

Swimming pool. kk)

Taxi depot.

ll)

Temporary fruit stands. mm)

Trade fairs.

nn)

Transfer station.

oo)

Veterinary hospital.

pp)

Waste or energy facility.

qq)

Water purification plants.

rr)

Water storage and recharge facilities.

ss)

Zoo.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90513.03 - Prohibited uses.

All other uses not permitted by Sections 90513.01 and 90513.02 above are prohibited in the C-2 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90513.04 - Minimum lot/parcel size.

Except as otherwise provided within this title no portion of any lot within the C-2 zone shall contain less than twenty thousand (20,000) square feet, except in the case of conveyances to or from a governmental agency, public entity, public utility.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90513.05 - Reserved. 90513.06 - Yards and setbacks.

The following yard and setback requirements shall apply in the C-2 zone:

A.

Front Yard. Except as otherwise provided, the front yard minimum setback for all buildings shall be as follows:

None provided that any structure built on property line or on the right-of-way line shall meet all California Building Code and California Fire Code requirements, for fire protection and shall be so located as to not create visual obstruction to traffic.

B.

Side Yard. Except as otherwise provided, the side yard minimum setback for all buildings shall be as follows:

None required provided, except that any structure built on property line shall meet all California Building Code and California Fire Code requirements.

C.

Rear Yard. Except as otherwise provided, the rear yard minimum setback for all buildings shall be as follows:

Shall be a rear yard of not less than twenty (20) feet, except that no rear yard shall be required in the event that a public alley exists and is adequate size to accommodate large commercial vehicles for the loading and unloading of products to the site.

D.

Yards and setbacks for residential developments approved to be developed on C-2 zones, shall meet the requirements of the R-3 zone, as far as setbacks.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90513.07 - Height.

Building and/or structures within the C-2 zone shall not exceed six stories or seventy-five (75) feet, whichever is less.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90513.08 - Minimum distance between structures.

There is no minimum distance between structures in the C-2 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90513.09 - Parking.

Off-street parking shall be provided in the C-2 zone according to the standards contained in Sections 90402.00 through 90402.15 of this title.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90513.10 - Landscaping.

Every C-2 lot/parcel shall be landscaped to meet the requirements of Section 90302.04.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90513.11 - Signs.

The following signs shall be permitted in the C-2 zone; however, all signs shall be subject to Section 90401.00 as applicable:

1.

Temporary real estate signs, advertising property for sale or lease not to exceed twenty (20) square feet.

2.

Temporary construction signs.

3.

Temporary political signs, not to exceed three months.

4.

Institutional signs.

5.

Signs attached to buildings.

Monument signs.

7.

Pole signs advertising on-site identification uses only.

8.

Off-site advertising signs when approved by a conditional use permit.

All signs shall meet requirement of Division 4, Chapter 1.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90513.12 - Yard and property maintenance.

All areas within the C-2 lot/area shall be, at all times, maintained as not to create a fire or life safety or health hazard either to the occupants of the structures, property or the neighbors' property.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90513.13 - Special procedures/development standards.

Any residential development authorized in the C-2 zone shall meet the requirements of the R-2 zone, and applicable health and safety regulations.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 14 - C-3 (HEAVY COMMERCIAL)

90514.00 - Purpose and applicability.

The purpose of the C-3 (heavy commercial) zone is to designate areas for use and services normally associated with the traveling public or for the regional commercial convenience. The C-3 zones shall be located adjacent to major highways, freeways, or other significant circulation corridors.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.01 - Permitted uses in the C-3 zone.

The following uses are permitted in the C-3 Zone provided they meet the requirements of this Title:

a)

All permitted uses in the C-2 Zone under § 90513.01.

Amusement park.

Auto self-service.

Auto service station.

Auto station (small).

Auto towing.

Automobile parking garage or lot.

Bus depot.

Commercial accessory structure(s) (including cargo containers).

Drive-in.

Drive-in food market.

l)

Electrical Vehicles Charging Stations as a Primary Use.

Post office.

n)

Public agency or utility.

o)

Rail station.

p)

Solar energy extraction generation provided that it is for on-site consumption only.

Special Occasion Facility.

Sports arena (indoor).

Taxi depot.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23) 90514.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the C-3 Zone provided they meet the requirements of this Title:

Airport.

Billboards/Off-site advertising signs.

Campgrounds, RV park, or mobile home park.

Circus or carnival.

College or university.

f)

Commercial Cannabis Retail Sales with Delivery subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

g)

Drainage facilities.

Golf course.

Heliport.

Movie theater.

Race track or test track.

Recreational vehicle park.

Recycling Collection Facility, per Title 8, Chapter 8.68.

Sports arena (outdoor).

Trade fair and exhibits.

q)

Travel center with incidental short term truck parking.

Truck repair (provided all repairs are in enclosed buildings).

Utility substations.

t)

Waste water treatment plants.

u)

Water purification plants.

Water treatment plants.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.03 - Prohibited uses.

All other uses not permitted by Sections 90514.01 and 90514.02 above are prohibited in the C-3 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.04 - Minimum lot/parcel size.

Except as otherwise provided within this title no portion of any lot within the C-3 zone shall contain less than twenty thousand (20,000) square feet, except in the case of conveyances to or from a governmental agency, public entity, public utility.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.05 - Minimum lot area per dwelling unit.

Where a residential use occupancy is allowed in the C-3 zone, there shall be a minimum of one thousand five (1,500) square feet of lot area per dwelling unit, including dwelling units that are permitted by conditional use permit.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.06 - Yards and setbacks.

The following yard and setback requirements shall apply in the C-3 zone:

A.

Front Yard. Except as otherwise provided, the front yard minimum setback for all buildings shall be as follows:

B.

Side Yard. Except as otherwise provided, the side yard minimum setback for all buildings shall be as follows:

None required provided, except that any structure built on property line shall meet all California Building Code and California Fire Code requirements.

C.

Rear Yard. Except as otherwise provided, the rear yard minimum setback for all buildings shall be as follows:

unloading of products to the site.

D.

Yards and setbacks for residential developments approved to be developed on C-3 zones, shall meet the requirements of the R-3 zone, as far as setbacks.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.07 - Height.

Building and/or structures within the C-3 zone shall not exceed six stories or seventy-five (75) feet, whichever is less.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.08 - Minimum distance between structures.

There is no minimum distance between structures in the C-3 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.09 - Parking.

Off-street parking shall be provided in the C-3 zone according to the standards contained in Sections 90402.00 through 90402.15 of this title.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.10 - Landscaping.

Every C-3 lot/parcel shall be landscaped to meet the requirements of Section 90302.04.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.11 - Signs.

The following signs shall be permitted in the C-3 zone; however, all signs shall be subject to Section 90401 as applicable:

1.

Temporary real estate signs, advertising property for sale or lease not to exceed twenty (20) square feet.

2.

Temporary construction signs.

3.

Temporary political signs (not to exceed three months).

Institutional signs.

5.

Signs attached to buildings.

6.

Monument signs.

7.

Pole signs advertising on-site identification uses only.

8.

Off-site advertising signs when approved by a conditional use permit.

All signs shall meet requirement of Division 4, Chapter 1 of this title.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.12 - Yard and property maintenance.

All areas within the C-3 lot/area shall be, at all times, maintained as not to create a fire or life safety or health hazard either to the occupants of the structures, property or the neighbors' property.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90514.13 - Special procedures/development standards.

Any residential development authorized in the C-3 zone shall meet the requirements of the R-2 zone, and applicable health and safety regulations.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 15 - M-1 (LIGHT INDUSTRIAL)

90515.00 - Purpose and application.

The purpose of the M-1 (light industrial) zone is to designate areas for wholesale commercial, storage, trucking, assembly type manufacturing and other similar light industrial uses. Processing or fabrication is limited to activities conducted entirely within a building, that does not emit fumes, odor, dust, smoke or gas, beyond the confines of the building within which the activity occurs, or produces significant levels of noise or vibration beyond the perimeter of the building.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90515 - 01 Permitted uses in the M-1 zone.

The following uses are permitted in the M-1 Zone provided they meet the requirements of this Title:

a)

Accessory Dwelling Unit, Caretakers Residence or Managers Residence per Section 90405.02.

Ambulance station.

Antique store.

Appliance Repair store.

Appliance Store.

Art Gallery.

Artist Studio.

Auditoriums.

Auto Body Repair within enclosed facility.

Auto Leasing Store.

k)

Auto Parking Garages (two stories or less and enclosed).

Auto Rental.

Auto Service Station.

Auto Service within enclosed facility.

Auto Tire Repair.

Auto Wash.

Auto Wash - Self-service.

Automobile Dealership - New (including parts).

Automobile Dealership - Used (including parts).

Automobile Parts and Accessories Store.

Automobile Tire Store including Service.

Bakery.

Ball Room.

Barber/Beauty.

Bars.

Bath House.

aa)

Bicycle Sales and Rental Service.

bb)

Bingo Parlor.

cc)

Boats sales, including Service and Parts.

dd)

Book Store - Adult.

ee)

Book Store - General.

ff)

Bottled Gas Distributorship (no manufacturing or packaging).

gg)

Bowling Alley.

hh)

Bus Depots.

ii)

Business or Professional Office.

jj)

Cafes.

kk)

Card Room.

ll)

Cargo Containers (provided they have an approved building permit).

mm)

Carpet Cleaning.

nn)

Catering.

oo)

Christmas Tree Sales.

pp)

Circus or Carnival (not to exceed five days).

qq)

Clinic (health maintenance).

rr)

Clothing and Apparel sales, manufacturing, distribution.

ss)

Clubs.

tt)

Cocktail Lounges.

uu)

Coffee Shop.

vv)

Cold Storage facilities.

ww)

College and Universities.

xx)

Computer sales, repair, manufacturing.

yy)

Contractors Storage Yard.

zz)

Convenience Market.

aaa)

Dance Hall.

bbb)

Data center (within enclosed building).

ccc)

Department Store.

ddd)

Discotheque.

eee)

Drapery and Upholstery Store.

f )

Drug and Pharmaceutical sales and manufacturing.

ggg)

Educational Institutions.

hhh)

Electrical Appliance sales, repair and distribution.

iii)

Electrical Equipment repair, assembly within enclosed facility.

jjj)

Electronic Equipment Assembly (enclosed).

kkk)

Electrical Generation with rate and capacity not to exceed fifteen (15) kilowatts.

lll)

Electrical Vehicles Charging Stations as a Primary Use.

mmm)

Emergency Shelters.

nnn)

Employee Housing.

ooo)

Equipment and Building Materials.

ppp)

Equipment - Heavy Truck, Trailer Rental.

qqq)

Equipment - (small rental facility).

rrr)

Farmers Market.

sss)

Fast Food preparation, sales or distribution. ttt)

Feed and fuel facility. uuu) Financial Institution. vvv)

Fire/Police Station.

www)

Floor Covering. xxx)

Florists.

yyy)

Food Store.

zzz)

Freight Storage Yard.

aaaa)

Funeral Parlor. bbbb)

Furniture Cleaning, Refinishing and Upholstery. cccc) Furniture Store.

dddd)

Gardening and Landscape Store.

eeee)

Gift and Card Store.

f ) Golf Driving Range. gggg) Government Buildings. hhhh) Gun, including Repair Store. iiii)

Hardware - General including Lumber.

jjjj)

Health Club. kkkk)

Hobby Supplies.

llll)

Home or Office Furnishing.

mmmm)

Hotel/Motel.

nnnn)

Ice Cream Parlors.

oooo)

Ice Vending Machine.

pppp)

Industrial Hemp: manufacturing into semi-finished and finished products, subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

qqqq)

Industrial Storage.

rrrr)

Interior Decorator.

ssss)

Janitorial.

tttt)

Jewelry and Watches. uuuu)

Labor/Union Halls. vvvv)

Laboratory - Medical, Dental, Optical and Biological. wwww)

Laboratory Testing. xxxx)

Lapidary. yyyy)

Laundromat.

zzzz)

Lawnmower (sales/repair). aaaaa)

Leather Goods, sales and manufacturing.

bbbbb)

Libraries. ccccc) Light Machine Shop Fabrication within enclosed facility.

ddddd)

Liquor Store.

eeeee)

Locksmith.

f f)

Lumber.

ggggg) Lumber Yard. hhhhh)

Manager/Caretaker/Security Guard Residence (One only). iiiii)

Medical and Physical Therapy.

jjjjj)

Microwave Relay Stations.

kkkkk)

Military Surplus store. lllll)

Mini Warehouse (no outside storage).

mmmmm)

Miniature Golf Course.

nnnnn)

Mobile Home Sales and Service.

ooooo)

Mortuary. ppppp)

Motorcycle Sales and Service.

qqqqq

Movie Theatre. rrrrr)

Moving and Storage Warehouse.

sssss)

Museums.

ttttt)

Musical Instrument Sales and Service.

uuuuu)

Newspaper, Magazine printing, distribution and sales. vvvvv) Nursery. wwwww)

Office Machine Equipment Sales and Service. xxxxx)

Oil and Gas Exploration.

yyyyy)

Paint and Wallpaper Sales and Service. zzzzz) Pawn Shop. aaaaaa) Pest Control.

bbbbbb) Pet Grooming. cccccc) Pet Store. dddddd)

Photographic Processing Plant. eeeeee) Photographic Supply Store.

f ff)

Photography Studio.

gggggg) Picture Framing. hhhhhh) Plastic Assembly. iiiiii) Plumbing Supply. jjjjjj) Pool or Billiard Parlor. kkkkkk) Post Office. llllll) Pottery. mmmmmm) Printing, Lithography or Blue Printing. nnnnnn) Public Utility Buildings. oooooo) Real Estate Office. pppppp) Recreational Vehicle Sales and Service. qqqqqq) Research and Development Office/Laboratory. rrrrrr) Resource Extraction and Energy Development. ssssss)

Restaurants.

tttttt)

Sheet Metal Shop within enclosed facility.

uuuuuu)

Shoe repair and manufacturing.

vvvvvv)

Shoe Shine. wwwwww) Sign Fabrication. xxxxxx) Skating Rink. yyyyyy) Small Appliance assembly and repair. zzzzzz)

Solar energy extraction generation provided that it is for on-site consumption only. aaaaaaa)

Specialized Store. bbbbbbb) Sporting Good. ccccccc) Stationary. ddddddd) Tailor or Dress Maker. eeeeeee) Taverns. f f ) Taxi Depots.

ggggggg)

Taxidermist. hhhhhhh) Telegraph. iiiiiii) Tennis, Swim, Athletic Club. jjjjjjj) Theatre. kkkkkkk) Ticket Agency. iiiiiii) Tire Re-Treading, Less than ten (10) employees. mmmmmmm) Tobacco. nnnnnnn) Toy manufacturing. ooooooo) Trade Schools. ppppppp) Transitional Housing (as defined in Section 50675.2 of the Health and Safety Code).

qqqqqqq)

Transmission Lines. rrrrrrr) Travel Agency. sssssss)

Truck Fueling Station. ttttttt)

Truck, including Sales, Rental, Service.

uuuuuuu)

Used Clothing.

vvvwvv)

Utility substations.

wwwwwww)

Veterinary including Veterinary Hospital (indoor only).

xxxxxxx)

Video Game Arcade.

yyyyyyy)

Warehouses.

zzzzzzz)

Wedding Chapel. aaaaaaaa)

Welding or Blacksmithing provided it is adequately fenced with obscured fencing.

bbbbbbbb)

Wholesale Distribution.

cccccccc)

Wind driven electrical generator, capacity not to exceed fifteen (15) kilowatts.

Note: Pre-School, Elementary School, Junior High and High Schools are not permitted in the M-1 Zone. (Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90515.02. - Uses permitted only with a conditional use permit.

The following uses are permitted in the M-1 Zone provided they meet the requirements of this Title:

Airports or aircraft landing fields.

Amusement Park.

c)

Animal hospitals, kennels and veterinarians.

d)

Asphalt production and products.

e)

Asphalt/Concrete Batch Plant.

Auto Towing/Dismantling.

Auto wrecking.

Bakery - Large (more than twenty-five (25) employees).

Battery Storage.

Billboards/Off site advertising signs.

Bulk fuel storage facilities.

Call Center.

m)

Cemeteries, columbariums, crematories and mausoleums.

Chemical Storage (Non-Toxic, Non-Explosive).

o)

Churches or other places used exclusively for religious worship.

Circus.

q)

City, County, State and Federal enterprises including buildings, facilities and uses of departments or institutions thereof which are necessary or advantageous to the general welfare of the community.

r)

Commercial Cannabis (All Forms), subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

s)

Cotton gins.

Dairies.

Data center yard.

Dehydration mills.

Electrical Power Generation Plants.

Equestrian Establishment.

z)

Equipment Rental (service, maintenance and repair).

aa)

Establishments or enterprises involving large assemblages of people or automobiles, including amusement parks, circuses, carnivals, exposition, fairground, open air theatres, race tracks, recreational and sport centers.

bb)

Farm implement sales and metal fabrication.

cc)

Geothermal Test Facilities, intermediate projects and major exploratory wells.

dd)

Golf Course.

ee)

Grain storage and loading facilities.

ft)

Heliport.

gg)

Hospitals, sanitariums and rest homes.

hh)

Institutions of a philanthropic nature.

ii)

Labor camp.

jj)

Libraries, museums, private clubs and golf courses.

kk)

Major facilities relating to the generation and transmission of electrical energy, provided such facilities are not, under state or federal law, to be approved exclusively by an agency, or agencies of the state and/or federal governments, and provided that such facilities shall be approved subsequent to coordination and review with the Imperial Irrigation District for electrical matters. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar. Such uses shall include, but not be limited to, the following:

Electrical generation plants.

Facilities for the transmission of electrical energy (100—200 kV).

Electrical substations in an electrical transmission system (500 kv/230 kv/161 kV).

ll)

Meat and fish packing plants.

mm)

Mineral Exploration.

nn)

Newspaper, Magazine or Book Printing.

oo)

Portable Restroom Facilities.

pp)

Race Track.

qq)

Railroad Station.

rr)

Recreational Vehicle Storage Facilities.

ss)

Recycling Facility.

tt)

Rock shops and related facilities.

uu)

Seed mills.

vv)

Shooting Range (indoor only).

ww)

Small ethanol plants with a capacity not to exceed one million (1,000,000) gallons a year.

xx)

Sports arena - Indoor/Outdoor.

yy)

Surface mining operations.

zz)

Swap meets.

aaa)

Swimming Pool.

bbb)

Transfer Station.

ccc)

Trucking Services and Terminals; Trucking Firms.

ddd)

Waste Energy Facility.

eee)

Well Drilling Service.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90515.03 - Prohibited uses.

All other uses not permitted by Section 90515.01 or 90515.02 of this chapter are prohibited in the M-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90515.04 - Minimum lot size.

The minimum lot size requirement in the M-1 Zone, is ten thousand (10,000) square feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90515.05 - Minimum lot area per dwelling unit.

There is no requirement for a minimum area per dwelling unit in the M-1 district since it does not allow dwelling units, except as accessory security or caretakers unit to the permitted use. Any residential use must meet R-1 setback requirements.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90515.06 - Yards and setbacks.

Yards and setbacks in the M-1 zone are as follows:

Front Yard: The front yard minimum setback for all buildings shall be as follows:

Ten (10) feet from the property line or public right-of-way line.

Zero feet if approved by the planning director with the written concurrence from public works department and the fire marshal.

In no case shall buildings be located in the right-of-way or on the property line, unless it meets the latest edition of the California Building Code.

B.

Side Yard: None required.

C.

Rear Yard: None required.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90515.07 - Height limit.

Buildings and structures in the M-1 district shall not exceed six stories or eighty (80) feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90515.08 - Minimum distance between structures.

There is no requirement for a minimum distance between structures in the M-1 zone, except that required by the California Building Code.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90515.09 - Parking.

Off street parking in the M-1 zone shall be provided in accordance with Section 90402.01(f).

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90515.10 - Signs.

The following signs shall be permitted in the M-1 zone; however, all signs shall be subject to Section 90401 as applicable:

1.

Temporary real estate signs not exceeding twenty (20) square feet, advertising the property for sale or lease, and meeting requirements of Division 4, Chapter 1.

2.

Temporary construction signs related to construction on said property, meeting requirements of Division 4, Chapter 1.

Temporary political, religious, civic and campaigning signs not to exceed three months, meeting requirements of Division 4, Chapter 1.

4.

Signs approved in conjunction with a conditional use permit approved for the site.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90515.11 - Landscaping.

Landscaping in the M-1 zone shall be provided according to Section 90302.03.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 16 - M-2 (MEDIUM INDUSTRIAL)

90516.00 - Purpose and application.

The purpose of the M-2 (medium industrial) zone is to designate areas for wholesale commercial, storage, trucking, assembly type manufacturing, general manufacturing, research and development, medium intensity fabrication and other similar medium intensity processing facilities. The processing or fabrication within any of these facilities is to be limited to activities conducted either entirely within a building or within securely fenced (obscured fencing) areas. Provided further that such facilities do not omit fumes, odor, dust, smoke or gas beyond the confines of the property line within which their activity occurs, or produces significant levels of noise or vibration beyond the perimeter of the site.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90516.01 - Permitted uses in the M-2 zone.

The following uses are permitted in the M-2 zone provided they meet the requirements of this Title:

Alcohol and alcoholic beverage manufacturer.

All M-1 uses permitted under § 90515.01.

Asphalt and asphalt products manufacturing.

Automobile assembly.

Automobile body and fender works.

f)

Automobile dismantling for used parts storage, only if operated and maintained entirely within a building.

g)

Automobile painting.

h)

Automobile upholstering.

Bag cleaning.

Boiler or tank works.

Brick, tile or terra cotta.

l)

Building materials and manufacturing.

Candle making.

Carbon manufacturing.

Cargo Containers (provided they have an approved building permit).

p)

Celluloid or pyroxylin manufacturing.

q)

Cement and cement product manufacturing.

r)

Contractors' equipment yards.

Contractors' general.

t)

Contractors' storage yards.

Cotton gins or oil mills.

Crumb rubber processing.

Data centers.

Disinfectant manufacturing.

Electrical Vehicles Charging Stations as a Primary Use.

Feed mills.

aa)

Fertilizer and insecticide manufacturing.

bb)

Fish and meat packing plant.

cc)

Grain elevators.

dd)

Graphite manufacturing.

ee)

Gypsum manufacturing.

ff)

House movers or wreckers.

gg)

Industrial Hemp: manufacturing into semi-finished and finished products, subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

hh)

Accessory buildings and/or structures necessary to such use located on the same lot or parcel of land as the primary structure or use.

ii)

Insulation materials manufacturing.

jj)

Mini Storage (outside storage allowed provided it is screened).

kk)

Oil reclamation plant.

ll)

Petroleum products storage.

mm)

Railroad repair shop.

nn)

Railroad yard.

oo)

Seed mill.

pp)

Solar energy extraction generation provided that it is for on-site consumption only.

qq)

Wool pulling and scouring.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90516.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the M-2 Zone provided they meet the requirements of this Title:

Acid manufacturing.

b)

Ammonia, chlorine and bleaching powder manufacturing.

Animal sales yards.

d)

Animal slaughter plant.

Animal stock yards.

f)

Automobile wrecking yard (operated entirely within a fenced area where all portions of the site are obscure from any adjacent parcel).

Battery Storage.

Billboards/Off site advertising signs.

i)

Blast furnace.

j)

Chemical manufacturing.

k)

Commercial Cannabis (all forms), subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

l)

m)

Distillation of coal, wood or tar.

Fat rendering.

o)

Gelatin manufacturing.

Glass manufacturing.

Incinerators.

Junk yards.

Labor camps.

t)

Major facilities relating to the generation and transmission of electrical energy, provided such facilities are not, under state or federal law, to be approved exclusively by an agency, or agencies of the state and/or federal governments, and provided that such facilities shall be approved subsequent to coordination and review with the Imperial Irrigation District for electrical matters. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar. Such uses shall include, but not be limited to, the following:

Electrical generation plants.

Facilities for the transmission of electrical energy (100—200 kV).

Electrical substations in an electrical transmission system (500 kv/230 kv/161 kV).

Recycling Facility.

v)

Rubber and rubber products manufacturing.

w)

Smelting of tin, copper or iron ore.

Solid Waste Facilities.

y)

Storage and handling of radio-active materials.

Surface mining.

aa)

Transportation treatment units (TTU's).

bb)

Trucking firms, truck and automobile storage yards.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90516.03 - Prohibited uses.

All other uses not permitted by Section 90516.01 or 90516.02 of this division are prohibited in the M-2 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90516.04 - Minimum lot size.

Minimum lot size requirement in the M-2 zone is twenty thousand (20,000) square feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90516.05 - Minimum lot area per dwelling unit.

There is no requirement for a minimum area per dwelling unit in the M-2 zone since it does not allow dwelling units as an outright use except as an accessory and/or security or caretakers unit which may be permitted incidental to the primary use. Any residential use must meet R-1 setback requirements.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90516.06 - Yards and setbacks.

Yards and setbacks in the M-2 zone are as follows:

A.

Front Yard: Minimum front yard setback for all buildings shall be as follows:

Ten (10) feet from property line or public right-of-way line.

Zero feet if approved by the planning director with written concurrence from the public works department and fire marshal.

In no case shall buildings be located in the right-of-way or on the property line unless it meets the latest edition of the California Building Code.

Side Yard: None required.

C.

Rear Yard: None required.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90516.07 - Height limit.

Buildings and structures in the M-2 zone shall not exceed six stories or eighty (80) feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90516.08 - Minimum distance between structures.

There is no requirement for minimum distance between structures in the M-2 zone except as required by the Uniform Building Codes.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90516.09 - Parking.

Off street parking in the M-2 zone shall be as provided in accordance with Section 90402.01(F).

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90516.10 - Signs.

The following signs shall be permitted in the M-2 zone; however, all signs shall be subject to Section 90401, as applicable:

1.

Institutional identification signs.

2.

Monument signs not to exceed one hundred (100) square feet.

Pole signs.

Signs attached to buildings.

5.

Temporary construction signs.

6.

Temporary political signs, not to exceed three months.

7.

Temporary real estate signs, advertising property for sale or lease not to exceed twenty (20) square feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90516.11 - Landscaping.

Landscaping in the M-2 zone shall be provided according to Section 90302.03.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 17 - M-3 (HEAVY INDUSTRIAL)

90517.00 - Purpose and application.

The purpose of the M-3 (heavy industrial) zone is to designate areas for the most intense, heaviest type of manufacturing processing or fabrication facilities. Processing or fabrication in these areas is allowed to be conducted entirely within a building or outside of a building, provided however the facility does not omit fumes, odors, dust, smoke or gas beyond the confines of the property upon which the activity occurs, nor produces significant levels of noise or vibrations beyond the perimeter of the site in accordance with the county's general plan.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90517.01 - Permitted uses in the M-3 zone.

The following uses are permitted in the M-3 zone provided they meet the requirements of this Title:

Abattoir or animal slaughter house.

Acid manufacturing.

All M-2 uses permitted under § 90516.01, not including § 90515.01.

Ammunition manufacturing.

Automobile assembly plants.

f)

Automobile wrecking yard provided it is conducted entirely within a fenced area where all portions of the site are obscure from any adjacent parcel.

Battery Storage.

Cargo Containers (provided they have an approved building permit).

Creosote manufacturing.

j)

Curing, tanning and storage of raw hides or skins.

Distillation of bones.

Distillation of coal, wood or tar.

Drop forge industries.

Explosive manufacturing and storage.

Fat rendering.

Gas manufacturing.

q)

Graphite manufacturing.

r)

Incinerators.

s)

Iron, steel, brass or copper foundries or fabrication plants.

t)

Lumber mills.

u)

Major facilities relating to the generation and transmission of electrical energy, provided such facilities are not, under state or federal law, to be approved exclusively by an agency, or agencies of the state and/or federal governments, and provided that such facilities shall be approved subsequent to coordination and review with the Imperial Irrigation District for electrical matters. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar. Such uses shall include, but not be limited to, the following:

Electrical generation plants.

Facilities for the transmission of electrical energy (100—200 kV).

Electrical substations in an electrical transmission system (500 kv/230 kv/161 kV).

v)

MRF (Material recovery facility).

w)

Ore reduction plants.

Petroleum refineries.

y)

Quarry or stone mills.

z)

Recycling facility.

aa)

Regional Landfill.

bb)

Rolling mills.

cc)

Rubber and rubber products manufacturing.

dd)

Smelting of tin, copper, zinc or iron ore.

ee)

Solar energy extraction generation provided that it is for on-site consumption only.

ff)

Transformation facility.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90517.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the M-3 zone provided they meet the requirements of this title:

a)

Communication towers, including radio, television, cellular, digital, along with the necessary support equipment such as receivers, transmitters, antennas, satellite dishes, relays, etc. (subject to requirements of this zone and Division 24; Section 92401 "Communications Facilities Ordinance" et al).

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90517.03 - Prohibited uses.

All uses not permitted by Section 90517.01 of this division are prohibited in the M-3 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90517.04 - Minimum lot size.

The minimum lot size required in the M-3 zone is twenty thousand (20,000) square feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90517.05 - Minimum lot area per dwelling unit.

There is no requirement for minimum area for a dwelling unit in the M-3 zone since it does not allow dwelling units except as accessory, security or caretaker units. Any residential use must meet R-1 setback requirements.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90517.06 - Yards and setbacks.

Yards and setbacks in the M-3 zone are as follows:

A.

Front Yard: The minimum front yard setback for all buildings shall be as follows:

1.

Ten (10) feet from property line or public right-of-way line.

2.

Zero feet if approved by the planning director with the written concurrence from the public works department and the fire marshal.

B.

Side Yard: None required.

C.

Rear Yard: None required.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90517.07 - Height limit.

Buildings constructed in the M-3 zone shall not exceed six stories or eighty (80) feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90517.08 - Minimum distance between structures.

There are no requirements for a minimum distance between structures in the M-3 zone except that required by the California Building Codes.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90517.09 - Parking.

Off-street parking in the M-3 zone shall be as provided in accordance with Section 90402.01(F).

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90517.10 - Signs.

The following signs shall be permitted in the M-3 Zone; however, all signs shall be subject to Section 90401 as applicable:

1.

Institutional identification signs.

Monument signs not to exceed one hundred (100) square feet.

3.

Pole signs.

4.

Signs attached to buildings.

5.

Temporary construction signs.

6.

Temporary political signs, not to exceed three months.

7.

Temporary real estate signs, advertising property for sale or lease not to exceed twenty (20) square feet.

8.

Temporary subdivision signs.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90517.11 - Landscaping.

Landscaping in the M-3 zone shall be provided according to Section 90302.03.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 18 - S-1 (OPEN SPACE/RECREATIONAL)

90518.00 - Purpose and application.

The purpose of the S-1 zone is to designate areas that recognize the unique open space and recreational character of Imperial County including the deserts, mountains and water-front areas. Primarily the S-1 zone is

characterized by low intensity human utilization and small-scale recreation related uses. Any new subdivision in the S-1 zone will require all necessary infrastructure, including potable water, sewer and roads to county standards.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.01 - Permitted uses in the S-1 zone.

The following uses are permitted in the S-1 zone provided they meet the requirements of this title:

Accessory structure including cargo container (provided they have an approved building permit and are subordinate to a primary building/use).

b)

Crop and tree farming (not allowed within Ocotillo/Nomirage Community Area Plan)(ONCAP).

c)

Directional signs of not to exceed six square feet in area but not including commercial advertising.

Duck clubs (not allowed within ONCAP).

Fish farms (not allowed within ONCAP).

Forest industries.

Grazing.

Gun clubs.

Harvesting of any wild crop.

j)

Home occupation per Division 4, Chapter 4 (home occupation permit required hotels and motels.

k)

Marinas, boat liveries and boat launching ramps.

l)

Mobile home/RV park provided fifty percent (50%) of the total use is for RV use.

Residence (one per legal parcel).

RV park.

Solar energy extraction generation provided that it is for on-site consumption only.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the S-1 Zone provided they meet the requirements of this Title:

a)

Airports.

Breeding and raising of animals in excess of the limits specified in Section 90502.13.

Churches and other places used exclusively for religious worship.

d)

City, County, State and Federal enterprises including buildings and facilities.

e)

f)

Contractors office and storage yard (temporary).

Daycare or nursery school.

h)

Equestrian establishments, stables, or riding academies (not allowed within ONCAP).

i)

Establishments or enterprises involving large assemblages of people or automobiles including amusement parks, circuses, carnivals, expositions, fairs, open air theatres, race tracks, recreational concert venues, and sport centers.

j)

Facilities for abused people.

k)

Hospital sanitariums.

l)

Institutions of a philanthropic nature.

m)

Major facilities relating to the generation and transmission of electrical energy provides such facilities are not under State or Federal law, to approved exclusively by an agency, or agencies of the State or Federal government, and provided such facilities shall be approved subsequent to coordination review of the Imperial Irrigation District for electrical matters. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar. Such uses shall include but be limited to the following:

Electrical generation plants.

Facilities for the transmission of electrical energy (100—200 kV).

Electrical substations in an electrical transmission system (500 kv/230 kv/161 kV).

Meteorological Tower.

o)

Off road vehicle and or motorcycle events.

p)

Oil, gas and geothermal exploration.

q)

Planned unit development.

r)

Recreational vehicle storage facilities.

s)

Real Estate tract office and signs (temporary).

t)

Special Occasion Facility.

Surface mining operations.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90518.03 - Prohibited uses.

All other uses not permitted by Section 90518.01 or 90518.02 of the chapter are prohibited in the S-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.04 - Minimum lot size.

The minimum lot size for the S-1 zone is one acre and any parcel existing at less than one acre at the adoption of this ordinance [title] shall be deemed a legal parcel.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.05 - Minimum lot area per dwelling unit.

The minimum lot area per dwelling unit in the S-1 zone shall be one acre for each residence allowed by this chapter.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.06 - Yards and setbacks.

Yards and setbacks in the S-1 zone are as follows:

Front Yard: The front yard minimum setback for all buildings shall be as follows:

Twenty-five (25) feet from the edge of right-of-way or property line or eighty (80) feet from center line or adjacent street, whichever is greater.

Side Yard: Ten (10) feet minimum.

Rear Yard: Ten (10) feet minimum.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.07 - HEIGHT LIMIT

Buildings or structures in the S-1 zone shall not exceed thirty-five (35) feet, except for communication towers, which are one hundred (100) feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.08 - Minimum distance between structures.

The following requirements apply to the minimum distances between structures in the S-1 zone:

A.

There shall be a minimum of ten (10) feet between primary residential use buildings, except for zero lot line approved subdivisions.

B.

There shall be a minimum distance of six feet between a residential building and any detached accessory building, except that any detached structure used to house, keep or maintain animals, permitted in this zone shall be separated as follows:

Thirty (30) feet from primary residence.

Eighty (80) feet from front lot line.

Twenty-five (25) feet from any side or rear lot line.

One hundred (100) feet from any school or public park.

One hundred (100) feet from any water well.

NOTE: A covered walkway or breezeway is not considered attached.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.09 - Parking.

Off-street parking shall be provided in the S-1 sone according to the standards contained in Sections 90402.00 through 90402.15 of this title. RVs, trailers and other vehicles provided they belong to the property owner may be stored on site only if they are within the rear yard and not readily visible or accessible to public view.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.10 - Signs.

The following signs shall be permitted in the S-1 zone; however, all signs shall be subject to Section 90401 as applicable:

1.

Temporary real estate signs not exceeding twenty (20) square feet, and advertising the property for sale or lease, and meeting requirements of Division 4, Chapter 1, of this title.

2.

Temporary construction signs related to construction on said property, meeting requirements of Division 4, Chapter 1.

Temporary political, religious, civic and campaigning signs not to exceed three months, meeting requirements of Division 4, Chapter 1.

4.

Institutional signs.

5.

Signs attached to buildings.

6.

Monument signs.

7.

Pole signs advertising on-site identification uses only.

8.

Signs approved in conjunction with a conditional use permit approved for the site.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.11 - Landscaping.

Every S-1 lot, parcel or use shall meet the requirements of Section 90302.06.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90518.12 - Animals.

The keeping of animals in the S-1 zone shall comply with Section 90502.13.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 19 - S-2 (OPEN SPACE/PRESERVATION)

90519.00 - Purpose and application.

The S-2 zone is considered to be the open space preservation zone. The primary intent here is to preserve the cultural, biological, and open space areas that are rich and natural as well as cultural resources. The S-2 zone is dominated by native desert habitat and stark topographic features. While certain uses are allowed within the S-2 zone, such uses must be compatible with the intent of the open space and conservation element of the general plan.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.01 - Permitted uses in the S-2 zone.

The following uses are permitted in the S-2 zone provided they meet the requirements of this title:

a)

Accessory agricultural buildings, structures and uses including farm buildings, housing of agricultural product, garages and implementation shelters, provided no livestock or any building or enclosure used in connection with livestock shall be closer than one hundred (100) feet to the property lines (not allowed within ONCAP).

b)

Accessory structure including cargo container (provided they have an approved building permit and are subordinate to a primary building/use).

c)

All permitted uses in S-1 zone under Section 90518.01 except for mobile home and/or RV park.

Apiaries.

e)

Home occupation per Division 4, Chapter 4 (home occupation permit required).

f)

Keeping of poultry, or similar small animals.

Mineral extraction.

h)

Pasturing and grazing, provided however, that it shall not exceed one large animal (horse, mule, cow, etc.) or five medium size animal (hogs, goat, sheep) for each acre of the area of the parcel of land upon which the same are kept, except the temporary pasturing of livestock to feed on vegetable manner grown on said premises made be permitted. The feeding of garbage (cooked or raw), produce, or import materials shall be strictly prohibited (not allowed with ONCAP).

i)

Public buildings.

j)

Residence, one per legal parcel.

k)

Solar energy extraction generation provided that it is for on-site consumption only.

Stands for the sale of agricultural, horticultural, or farming products grown on the premises.

Storage of agricultural products.

Storage of products used for premises.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the S-2 Zone provided they meet the requirements of this Title:

Airports, airparks, heliparks.

Asphaltic/concrete batch plants.

Boat delivery and launching ramps.

d)

Community recreational buildings.

f)

Contractors office and storage yard (temporary).

g)

Equestrian establishment.

h)

General Store, 2,000 square feet maximum.

i)

Electrical generation plants.

Facilities for the transmission of electrical energy (100—200 kV).

Electrical substations in an electrical transmission system (500 kv/230 kv/161 kV).

j)

Mobile home/RV Park.

Off road vehicle and or motorcycle events.

Oil, and gas and geothermal exploration.

Parks and picnic grounds.

Recreational camps, resorts, guest and dude ranches, organized camps.

Recreational vehicle storage compounds/mini storage provided at least seventy-five (75) percent of total use is for RV storage.

p)

Riding, hiking, and bicycle trials.

q)

Seasonal Vendor Area.

Special Occasion Facility.

Surface mining.

Tourist information centers.

u)

Youth camps.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90519.03 - Prohibited uses.

All other uses not permitted by Section 90519.01 or 90519.02 shall be prohibited in the S-2 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.04 - Minimum lot size.

The minimize lot size of the S-2 zone is twenty (20) acres (net).

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.05 - Minimum lot area per dwelling unit.

There shall be a minimum of one acre (net) of lot area per dwelling unit.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.06 - Yards and setbacks.

Yards and setbacks in the S-2 zone are as follows:

Front Yard: The front yard minimum setback for all buildings shall be as follows:

Thirty (30) feet minimum from property line or eighty (80) feet from center line of adjacent road.

Side Yard: Twenty (20) feet minimum.

C.

Rear Yard: Twenty (20) feet minimum.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.07 - Height limit.

Maximum height limit in the S-2 zone shall be forty (40) feet, except for communication towers which are one hundred (100) feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.08 - Minimum distance between structures. ¶

The following requirements apply to the minimum distances between structures in the S-2 zone.

A.

There shall be a minimum of ten (10) feet between primary residential use buildings, except for zero lot line approved subdivisions.

B.

Thirty (30) feet from primary residence.

Eighty (80) feet from front lot line.

Twenty-five (25) feet from any side or rear lot line.

One hundred (100) feet from any school or public park.

One hundred (100) feet from any water well.

NOTE: A covered walk way or breeze way is not considered attached.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.09 - Parking.

Off-street parking shall be provided in the S-2 zone according to the standards contained in Sections 90402.00 through 90402.15 of this title. RVs, trailers and other vehicles provided they belong to the property owner, may be stored on site only if they are within the rear yard and not readily visible or accessible to public view.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.10 - Signs.

The following signs shall be permitted in the S-2 sone; however, all signs shall be subject to Section 90401 as applicable:

1.

Temporary real estate signs not exceeding twenty (20) square feet, and advertising the property for sale or lease, and meeting requirements of Division 4, Chapter 1, of this title.

2.

Temporary construction signs related to construction on said property, meeting requirements of Division 4, Chapter 1.

Temporary political, religious, civic and campaigning signs not to exceed three months, meeting requirements of Division 4, Chapter 1.

4.

Signs attached to buildings.

5.

Monument signs.

6.

Pole signs advertising on-site identification uses only.

7.

Institutional signs.

8.

Signs approved in conjunction with a conditional use permit approved for the site.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.11 - Landscaping.

Every S-2 lot, parcel or use shall meet the requirements of Section 90302.06.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90519.12 - Animals.

The keeping of animals in the S-2 zone shall comply with Section 90502.13.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Chapter 20 - G/S (GOVERNMENT/SPECIAL PUBLIC ZONE)

90520.00 - Purpose and application.

The purpose of the G/S zone is to designate areas that allow for the construction, development and operation of governmental facilities and special public facilities, primarily this zone allows for all types of government owned and/or government operated facilities, be they office or other uses. It also allows for special public uses such as security facilities, jails, solid and/or hazardous wastes facilities and other similar special public benefit uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90520.01 - Permitted uses in the G/S zone.

The following uses are permitted in the G/S Zone provided they meet the requirements of this Title:

Airport (public).

Adult care facilities.

c.

Agricultural Products (growing, harvesting and processing).

Business and Industry Incubation Space (non-volatile materials).

e.

Cargo container (provided they have an approved building permit).

Child care facilities.

County buildings.

h.

Electrical Vehicles Charging Stations as an Accessory Use. (Incidental to Primary Use).

Prison.

j.

Maintenance facilities.

k.

Offices.

l.

Parks, organized camps.

m.

Public buildings.

Research and development (non-volatile materials).

Schools.

p.

Solar energy extraction generation provided that it is for on-site consumption only.

q.

Solid waste recycling facility.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90520.02 - Uses permitted only with a conditional use permit.

The following uses are permitted in the G/S Zone provided they meet the requirements of this Title:

Airport (private).

b.

Business and Industry Incubation Space (volatile materials).

c.

Communication Towers: including radio, television, cellular, digital, along with the necessary support equipment such as receivers, transmitters, antennas, satellite dishes, relays, etc., (subject to requirements of this zone and Division 24; Section 92401 "Communications Facilities Ordinance" et al).

d.

Hazardous materials disposal.

e.

Hazardous materials processing.

f.

Hazardous materials recycling.

g.

Hazardous materials treating.

Major facilities relating to the generation and transmission of electrical energy provides such facilities are not under State or Federal law, to approved exclusively by an agency, or agencies of the State or Federal government, and provided such facilities shall be approved subsequent to coordination review of the Imperial Irrigation District for electrical matters. Such uses shall include but be limited to the following: Electrical generation plants (less than fifty (50) mw) Facilities for the transmission of electrical energy (100—200 kV) Electrical substations in an electrical transmission system (500 kv/230 kv/161 kV) The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

Research and development (volatile materials).

Solid waste landfill facility.

Training facility.

Water treatment facility.

Wastewater treatment facility.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90520.03 - Prohibited uses.

All other uses not permitted by Section 90520.01 of this division are prohibited in the G/S zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90520.04 - Minimum lot size.

The minimize lot size of the G/S zone is twenty thousand (20,000) square feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90520.05 - Minimum lot area per dwelling unit.

Dwelling units are not permitted in the G/S zone except as ancillary facilities such as caretakers or security facilities, therefore no minimum lot area per dwelling unit is required.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90520.06 - Yards and setbacks.

None required.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90520.07 - Height limit.

Buildings or structures in the G/S zone shall not exceed six stories or eighty (80) feet, except communication towers which are one hundred (100) feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90520.08 - Minimum distance between structures.

No minimum distance separation requirements are required except to meet the California Codes.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90520.09 - Parking.

Off-street parking shall be provided as required by the department of public works and planning and development services department.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90520.10 - Signs.

No restriction on the placement or maintenance of signs shall apply in the G/S zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90520.11 - Landscaping.

Every G/S zoned facility shall provide landscaping consistent with the requirements of the C-2 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

90520.12 - Reversion if privatized.

In the event a parcel that is zoned G/S by virtue of the fact that it is under public ownership is sold or otherwise privatized, the zone of the parcel shall be automatically changed to that of S-2.

Any privately owned G/S facility shall only be allowed to operate the business or facility in existence at time of adoption of the ordinance codified in this chapter. Any change in use shall first require a change of zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Division 6 - AIRPORT ZONING Chapter 1 - DEFINITIONS AND ZONE CLASSIFICATIONS

90601.00 - Title.

This division shall be known as the "Airport Zoning Law". It is adopted pursuant to the Airport Zoning Law, Government Code, Sections 50485-50485.14, and shall be liberally construed in support of the purposes and

provisions thereof. Proceedings for additions or amendments to the official plan of airports shall conform to this division.

(Prior code § 90601.00)

90601.01 - Definitions.

As used in this division, unless the context otherwise requires, the following words and phrases have the meaning herein set forth:

"Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes.

"Airport hazard" means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

"Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this Division.

"Airport zoning commission" means and refers to the airport land use commission of the county of Imperial, that adopts the "Airport Land Use Compatibility Plan".

"Landing area" means the area of the airport used for the landing, take-off, or taxiing of aircraft.

"Nonconforming use" means any structure, tree, or use of land which does not conform to a regulation prescribed in this division or an amendment thereto, as of the effective date of such regulation.

"Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association, city or county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof.

"Structure" means any object constructed or installed by man, including, but without limitation to, buildings, towers, smokestacks, and overhead lines.

"Tree" means any object of natural growth.

(Prior code § 90601.01)

90601.02 - Purpose.

The purpose of this division is to protect the health and safety of the general public, near and around airports and to provide for regulations governing land use compatibility between private lands and those lands regulated within the latest adopted Airport Land Use Compatibility Plan.

(Prior code § 90601.02)

90601.03 - Applicability.

This division is applicable to all lands (private/public) within the sphere of an airport, or as designated in the Airport Land Use Compatibility Plan, and shall govern all projects to be located within those areas.

(Prior code § 90601.03)

90601.04 - Zone classifications created.

For the purpose of this division, all of the land outside the boundaries of an airport and lying within an area as shown on the official map of the airport within the airport master plan and/or the Airport Land Use Compatibility Plan is divided into zones as follows:

A.

Runway protection zone (Zone A);

B.

Approach/departure zone (Zone B1);

C.

Extended approach/departure zone (Zone B2);

Common traffic patterns (Zone C);

E.

Other airport environs (Zone D).

(Prior code § 90601.04)

90601.05 - Runway protection zone.

Protection Zone is a trapezoidal area (and the air above it) which extends outward in a graduated width and height within the above zones and may include property consisting of airport property and private property adjacent thereto.

(Prior code § 90601.05)

90601.06 - Regulations within each specified zone.

A.

Except as otherwise provided in this division, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this division to a height in excess of the height limit hereby established for such zone. The datum plane for measurement of such heights, except as otherwise specified, shall be the elevation based on the nearest airport reference point on the center line of the nearest runway.

B.

The height limit for each type of zone is hereby established and shown within the adopted Airport Land Use Compatibility Plan.

C.

Notwithstanding any other provisions of this division, no use may be made of land within any zone, in such a manner as to create electrical interference with radio communication between the airport and aircraft; make it difficult for flyers to distinguish between airport lights and other lights, result in glare in the eyes of the flyers using the airport; impair visibility in the vicinity of the airport, or otherwise endanger the landing, take-off or maneuvering of aircraft.

(Prior code § 90601.06)

90601.07 - Applicability of regulations.

A.

The provisions of this division shall only apply and be in force over areas within the airport zones, within the county of Imperial.

B.

The extent of any zone with relation to any particular airport shall be established by a map for each airport as found in the Airport Land Use Compatibility Plan relating to such airport and need not be the same for different airports.

(Prior code § 90601.07)

90601.08 - General plan.

A.

The requirements and map for each Airport identified within the Airport Land Use Compatibility Plan are adopted and incorporated within this title as though fully set forth herein.

B.

The map of any airport enumerated or any amendment thereto, is hereby approved as the official map for the zoning purposes of this division and shall be on file in the office of the planning and development services department; and the same shall be a part of this division, subject to the amendments thereof from time to time as may be necessary.

(Amended during 2008 codification; prior code § 90601.08)