Chapter 8 — REMEDIES AND PENALTIES

91308.00 - Remedies and penalties.

All remedies and penalties provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting, removing or abating the violation, nor prevent the enforced correction, removal or abatement thereof. Each and every day during any portion of which any violation of Imperial County land use ordinances or the rules, regulations, orders, permits or conditions of approval issued thereunder is committed, continued, or permitted by such person, shall be deemed a separate and distinct offense.

(Prior code § 91308.00)

Chapter 9 - RECOVERY OF COSTS WHERE NO PERMIT IS REQUIRED TO CURE VIOLATION

The following sections establish procedures for the recovery of administrative costs in cases where no permit is required to cure a violation. The intent of this chapter is to recoup administrative costs reasonably related to enforcement.

(Prior code § 91309.00)

91309.01 - Records.

The enforcement officer shall maintain records of all administrative costs, incurred by responsible county departments, associated with the processing of violations and enforcement of county land use ordinances and shall recover such costs from the property owner as provided herein.

(Prior code § 91309.01)

91309.02 - Notice.

Upon investigation and determination that a violation of any of the provisions of county land use ordinances is found to exist, the enforcement officer shall notify the record owner, or any person having possession or control of the subject property, of the existence of the violation(s), by issuing a notice of violation in person, by mail, or by posting the notice on the property in a conspicuous place. The notice shall also indicate the department's intent to charge the property owner for all administrative costs associated with enforcement and of the owner's right to a hearing on objection thereto.

The notice shall be in substantially the following form:

NOTICE OF VIOLATION

The department of ___________ has determined that conditions exist at the property at ___________, Assessor's Parcel Number ___________, which violate Section(s) ___________ of the Imperial County Ordinance No(s),

to wit:

Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of such violation(s).

You will have the right appeal this Notice of Violation or to object to these charges by filing a Request for Hearing with the planning commission within ten (10) days of service of the summary of charges, pursuant to Section 91309.03 of Imperial County Codified Ordinances.

(Prior code § 91309.02)

Within ten (10) days of issuance of a notice of violation, the enforcement officer shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property by certified mail. If the owner and/or person having possession of control of the subject property cannot be located, the enforcement officer shall post a copy of the summary of costs at a conspicuous location on the property.

(Prior code § 91309.03)

Any decision of the enforcement officer, including the determination of costs of enforcement. The appeal shall be heard by the planning commission which may affirm, amend or reverse the decision and may take any other action deemed appropriate. The enforcement officer shall give written notice of the time and the place of the hearing to appellant. In conducting the hearing, the planning commission shall not be limited by the technical rules of evidence.

(Prior code § 91309.04)

A request for hearing on the notice of violation and/or summary of costs shall be filed in writing with the planning commission within five days of the service by mail or posting of the summary of costs, on a form provided by the department. Within forty-five (45) days of the filing of the request, and on ten (10) days' written notice to the owner, the planning commission shall hold a hearing on the owner's objections, and determine the validity thereof.

(Prior code § 91309.05)

In determining the validity of the costs, the planning commission shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, the following: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner acted promptly to correct the violation; and whether reasonable minds can differ as to whether a violation exists.

(Prior code § 91309.06)

Division 14 - DEFINITIONS/CLARIFICATIONS Chapter 1 - DEFINITION(S)[[30]]

DEFINITIONS: Unless specifically defined within this section, or unless otherwise defined within this Title, word(s) and/or phrase(s) used in this Title shall be interpreted and/or have the meaning as defined in Webster's Dictionary. All words and phrases shall be interpreted to give this Title its most restrictive application.

Footnotes:

--- ( 30 ) ---

Editor's note— Sec. 11 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 1, which pertained to the same subject matter, consisted of §§ 91401.00—91401.26, and derived from the prior code. Section 12 of said ordinance enacted provisions to read as herein set out.

91401.00 - "A".

"Abut." To physically touch, border upon, or to share a common corner or property line. For the purpose of this Title, abutting properties shall also include those properties separated by any road, street, alley, or highway, except a State/Federal major highway, or any highway more than two lanes.

"Accept." The term accept shall not be confused with received. For the purpose of this Title, an application submitted to the department is considered as "received" only. The application may upon review be deemed by staff to be "accepted" or "complete" or "rejected". For purpose if this Title, "accept" means a determination whereby an application that has been fully reviewed, and which has all required information shall be deemed as "accepted".

"Access." The place or way by which pedestrian and/or vehicles shall have safe, adequate, usable physical and legal ingress or egress to a property or use.

"Access drive." A physically improved way or means of approach to provide ingress/egress to a property.

"Accessory building/structures." A detached structure that is a subordinate building or structure to the primary use/structure, the use of which is customarily incidental to that of the main building or to the main use of the land, which is located on the same lot/parcel with the main building or use. For example, a detached carport, a workshop, or a hobby room.

"Accessory facility." Any improvement constructed, installed, or established to perform some particular function that is incidental to or facilitates the primary use.

"Accessory use." A structure/use that is:

a.

Subordinate to and serves a primary building or principal use; and

b.

Is subordinate in area, extent, or purpose to the principal use; and

c.

Contributes to the comfort, convenience or necessity of the principal building/use; and

d.

Is located on tire same lot/parcel as the principal use.

For the purpose of Division 16, this term means "a use which is incidental and subordinate to the principal use of the parcel of land on which it is located".

"Acre." A measure of land containing forty-three thousand five hundred and sixty (43,560) net square feet.

"Accessory dwelling unit." An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provision for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family is situated. An accessory dwelling unit also include the following:

1.

An efficiency unit as defined in Division 14 Section 91401.04.

2.

A manufactured home as defined in Division 14 Section 91401.12.

"Actual cash value." Current market value as determined by a certified real property appraiser or actual sales price.

"Adult bookstore." A retail establishment selling publications and other material of a sexually explicit nature, or materials generally not for view by minors.

"Agriculture." Farming, including animal husbandry and the production and management of crops (including aquatic crops) for food, fiber, fuel, and ornament.

"Airport (private)." A private airplane landing strip airport or airstrip intended for the sole use of the airport owner and his or her invitees.

Airport (public)." A publicly or privately owned airport that offers the use of its facilities to the public without prior notice or special invitation or clearance, and that has been issued a California Airport Permit by the Division of Aeronautics of the California Department of Transportation.

"Aliquot." The division or measurement of land in one-half or one-quarter portions.

"Alley." A public through fare, permanently reserved as a secondary means of access to abutting property. Alley(s) in and of themselves do not constitute legal and physical access.

"Alluvial fan." A geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Ambient noise level." The composite of noise from all sources excluding the alleged offensive noise. In this context, it represents the normal or existing level of environmental noise at a given location for a specified time of the day or night.

"Amusement park." An outdoor facility, which may include structures and buildings, where there are various facilities for entertainment, including rides, booths for the conduct of games or sales of items, and buildings for shows and entertainment.

"Animal husbandry." A branch of agriculture for the raising or nurturing and management of animals, including breeding, pasturing and ranching.

"Animals (pet)." Small domesticated animals such as dogs, cats, and birds, which are customarily kept for pleasure rather than utility.

"Animals (wild)." Animals which are wild by nature and not customarily domesticated.

"Antenna (freestanding)." A metallic device or non-metallic for transmitting or receiving radio waves which is not attached to the roof of a building. "Freestanding antennas" includes antennas supported by guy wires and similar mechanisms.

"Apartment house." Any building, or portion thereof, which contains three or more dwelling units for lease or rent.

"Apex." The point of highest elevation on an alluvial fan, which on undistributed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

"Appeal." A request for a review of an administrator's interpretation of any provision of this ordinance.

"Apiary." A shed or stand containing a number of bee hives.

"Apiculture." Beekeeping, which includes one or more hives or boxes occupied by bees (hives or boxes includes colonies), but does not include honey houses, extraction houses, warehouses or appliances.

"Approved access." Access to a building or property via an authorized and legal means.

"Approving authority." The decision-making body or official designated by Title 9, Board Resolution, or by Ordinance to approve geothermal permits. In most cases, this will be the board of supervisors, planning commission, planning director, or other official as may be designated.

"Aquaculture." The production and management of water-based food sources, such as fish, shrimp and vegetable matter.

"Area of shallow flooding." A designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard." See "special flood hazard area".

"Area of special flood-related erosion hazard." The land within a community which is most likely to be subject to severe flood- related erosion losses. The area may be designated as Zone E on the flood insurance rate map (FIRM).

"Area of special mudslide (i.e. mudflow) hazard." The area subject to severe mudslides (i.e. mudflows). The area is designated as Zone M on the FLOOD INSURANCE RATE MAP (FIRM).

"Automobile service station." A retail business establishment primarily supplying gasoline and oil to motor vehicles, automobiles, light truck, and providing minor servicing and sales of motor vehicles accessories (this shall not include a truck repair or service station).

"Aviary." Any place where domestic birds are kept for commercial purposes.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.01 - "B".

"Bakery." A commercial enterprise engaged in the production and resale/wholesale marketing of bakery goods, and which may include incidental retail sales.

Bar." A structure, or part of a structure, used primarily for the sale or dispensing of liquor by the drink.

"Base flood." A flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").

"Basement." Any area of the building having its floor subgrade - i.e., below ground level - on all sides.

"Beverage container recycling collection center." An accessory use which includes a place, mobile unit, reverse vending machine, or other devise where a certified recycling center accepts one or more types of empty beverage containers from consumers, and pays or provides the redemption value and any applicable redemption bonus for one or more types of empty beverage containers and intended for implementation of the California Beverage Container Recycling and Litter Reduction Act of 1986.

"Bedroom." A room with a minimum floor area of seventy (70) square feet and a minimum width of seven feet furnished with a bed intended primarily for sleeping purposes. There is no requirement for a closet but shall have two ways to exit: one that leads to the rest of the home and one that leads directly to the outside. A bedroom window shall have a minimum space/rescue opening of 5.7 square feet at second and more stories and a minimum of five square feet at ground level story.

"Biofuel." Biofuel is essentially the same as fossil fuel except that fossil fuels are ancient, accumulated over millions of years, while biofuels are produced from presently living organisms. Biofuels are generally produced from plants, algae, or animal fats. As those living organisms may consume carbon dioxide during their growth, biofuels have the added benefit that they may be carbon neutral. Biomass is fuel that is developed from organic materials, a renewable and

"Biomass." A sustainable source of energy used to create electricity or other forms of power. Examples of acceptable material in Imperial County that can make up biomass fuels are: scrap lumber, forest debris, certain crops, and manure.

"Bituminous road mix." A hard surface road paving material complying with the specifications of Section 38 of the January 1981 California Department of Transportation Standards and Specifications.

"Board of supervisors." A county's legislative body. Board members are elected by popular vote and are responsible for enacting ordinances, imposing taxes, making appropriations, and establishing county policy. For the purpose of this Title, the board of supervisors of the county of Imperial.

"Boarding and rooming house." A building or portion thereof, which is used to accommodate, for compensation, three or more boarders or roomers; not including members of the occupant's immediate family who might be occupying such building. The word "compensation" shall mean money, services, or other items of value, including services in kind.

"Breakaway walls." Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally support high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1.

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2.

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

"Building." Any structure used, or intended for supporting or sheltering any use or occupancy. The term "building" may also be considered as a structure and vice versa.

"Building height." The vertical distance from the average natural finished grade level of the site to the highest point of the structure.

"Building official." The Imperial County Director of the planning and development services department or his/her specified designee.

"Building site." The ground area of the building, or group of buildings, together with all open spaces as required by this Division.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.03 - "C".

"Campground." A plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education, or vacation purposes.

"Camping trailer." See "recreational vehicle".

"Camping unit." Any tent trailer, R.V. cab, lean-to, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education, or vacation uses.

"Caretaker." An employee who must be on the property for a substantial portion of each day for security purposes or for the vital care of people, plants, animals, equipment, or other conditions of the site, and who does not have a possessory interest in the property.

"Cargo container." A metal storage unit designed to be transported by ship, rail or truck. Manufactured to standards including heavy duty fourteen (14) gauge ribbed steel construction and with typical dimensions of eight feet in width ten (10) to fourteen (14) feet in length, and an overall height of eight feet, six inches. "Cargo containers" may be used as an accessory storage unit, with an approved building permit, which is subordinate to, and the use of which is incidental to, that of the primary structure on the same lot. For a cargo container located on residentially zoned lots, in addition to an approved building permit, the container must be modified to "blend-in" with the existing residential structures on-site.

"Carport." A permanent roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter and/or storage.

"Cemetery." An area for burial or entombment of the deceased.

"Centerline, (legal)." A line designated by official survey to be the center of a future or existing fully developed easement, street, road, or highway, which may or may not coincide with the construction centerline.

"Chemicals." Includes such compounds as adhesives, explosives, fertilizers, industrial fazes, ink, lacquer, paints, pesticides, pigments and dyes, sealants, shellac, synthetic rubber, thinner and varnishes, etc.

"Church." A building, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

"Club." An association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.

"Coastal high hazard area." An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as Zone V1-V30, VE, or V.

"Columbarium." A structure of vaults lined with recesses for incendiary urns for the ashes of cremated bodies.

"Commercial coach" means a vehicle, without an engineer or other power, designed and equipped for human occupancy for industrial, professional, or commercial purposes, and not designed or used for living space.

"Commercial purposes" means the raising or growing of any plant or plant crop: the raising, breeding, or training of any animal, bird, or fowl; or the providing of a service, each having profit as the primary aim.

"Common property line" means a lot line shared by two or more contiguous properties.

"Community care facility" means any facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day-care, or home finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and as otherwise defined by Section 1502, California Health and Safety Code.

"Community center" means a building used for recreational, social, educational, or cultural activities, which is owned and operated by a public or nonprofit group or agency.

"Community noise equivalent (CNEL)." This is a composite and weighted average noise evaluation measure developed by the U.S. Environmental Protection Agency to describe the noise environment over a twentyfour-hour period. Noises which occur from 10:00 p.m. to 7:00 a.m. on the "A" scale have added them a weighting of ten (10) decibels for this period and a weighting of five decibels for the period from 7:00 p.m. to 10:00 p.m. to account for people's increased sensitivity to noise at night.

"Community recreation facility" means a recreational facility, such as a park or swimming pool, including accessory structures, maintained and operated for the benefit of residents of a particular residential development, such as an apartment, condominium, townhouse, subdivision, or mobile home park.

"Compatible use." Any use which does not significantly detract from the principle use of the property or adjoining use.

"Contractor's services and storage yard." An open area, which may include garages and sheds, for the storage of vehicles, equipment and materials which are associated with a contracting business or operation, where sales, manufacturing and processing activities are specifically excluded.

"Conditional use." A use permitted in a particular zoning district only upon showing that such use in a specified district will comply with all the conditions and standards for the location or operation of such use as specified in this Title and authorized by the planning director or the planning commission or the board of supervisors through the issuance of a conditional use permit.

"Conditional use permit (CUP)." A permit issued by the planning director, or the planning commission or other decision making authority stating that the conditional use meets all conditions set forth in this Title and all others established by the planning commission or other decision making authority (types of CUP's: Minor, major and intermediate).

"Condominium." An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a space in a residential, industrial, or commercial building on such real property. (See California Civil Code Section 783).

"Convalescent hospital." A health facility having a duly-constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides twenty-four-hour impatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and doctoring services, or a health facility which provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.

"Country club." A land area and buildings containing recreational facilities, clubhouse, and usual accessory uses, open only to members and their guests for a membership fee.

"County." The county of Imperial.

"County official." Any employee of the county of Imperial.

"Crematory." A building or structure operated in conjunction with a columbarium, mausoleum, cemetery, or mortuary containing one or more furnaces for the reduction of bodies of deceased persons to cremate remains.

"Cul-de-sac." A passage or place with only one outlet, such as a dead-end street or blind.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.04 - "D".

"Day-care center." A public or private enterprise which provides full daycare services to four or more children.

"Dead storage (RV)." The storage of the owner's or occupant's recreational vehicle on the site in such a manner that it is not connected to any utilities and/or occupied as living quarters, either temporarily or permanently.

"Dead storage (M/H)." means the storage of the owner's or occupant's mobile home on the site in such a manner that it is not connected to any utilities and/or occupied as living quarters, either temporarily or permanently.

"Decibel" or "db." A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro newtons per square meter).

"Decision-making authority." The director of planning, the planning commission, or the board of supervisors, depending on which has been assigned the responsibility and authority for reviewing and approving a particular permit pursuant to this Title, or other county ordinance.

"Dedication." A conveyance of land to some public use, especially streets, made by the owner and accepted for such use by or on behalf of the public.

"Deep solar ponds and hyper-saline brine pond." A salty and shallow body of water may present a unique opportunity for an on-demand source of renewable energy. In salty and shallow bodies of water, both natural and man-made, high salty water may sink to the bottom with the less saline water rising to the top, virtually stopping convection, decreasing heat loss through evaporation, and creating a high temperature gradient from the surface to the bottom of the water with the temperature of the brine at the bottom potentially approaching the boiling point. When this occurs, the high water temperature on the bottom can be used to heat a working fluid that is used to run an organic Rankine cycle generator utilizing an expansion turbine like in a conventional steam power plant.

"Density." The number of dwelling units per unit of land.

"Density bonus." A density increase over the otherwise maximum residential density allowable by the applicable general plan land use category.

"Designated urban area." Any area within the unincorporated county designated for urban development within the general plan land use element.

"Development." The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, grading, or land disturbance; and any use or extension of the use of land. For the purpose of Division 16, it shall mean any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials All proposed development in flood hazard areas shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.

(2)

Where the proposed development has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 91604.02 B.1 of Title 9 Land Use Ordinance Division 16.

(3)

All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

"Discretionary decision." A decision requiring the exercise of judgment or deliberation when the public official or body decided to approve or disapprove a particular activity.

"District attorney." The District Attorney of the county of Imperial or a designee.

"Domestic agriculture." Agriculture activities carried on for noncommercial purposes.

"Double-frontage lot." See "lot, through".

"Duplex." A building with two attached dwelling units, each with its own roof, oriented in a common wall relationship as one building.

"Dwelling." Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased or that are occupied for living purposes.

"Dwelling (single-family)." A detached building or structure designed for, or occupied exclusively by, not more than one family.

"Dwelling (two-family)." A detached building or structure designed for, or occupied exclusively by, not more than two families living independently of each other. May also be known as a duplex.

"Dwelling (multiple family)." A building, or portion thereof, designed for or occupied by three or more families living independently of each other.

"Dwelling unit." A single unit providing complete independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation as required by the Uniform Building Code for not more than one family.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.04 - "E."

"Easement." A right given by the owner of land to another party for specific limited use of that land. e.g. a property owner may give or sell an easement on his/her property to allow utility facilities like power lines or pipelines, to allow light to reach a neighbor's windows, or to allow access to another property.

"Educational institution." A grade school, high school, college, or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education.

"Efficiency dwelling unit." Occupied by no more than two persons which have a minimum floor area of two hundred twenty (220) square feet. An additional one hundred (100) square feet of floor area shall be provided for each occupant of such unit in excess of two. The unit shall be provided with a closet, a kitchen sink, cooking appliances and refrigeration facility, each having a clear working space of no less than thirty (30) inches in front. Light and ventilation conforming to the California Residential Code shall be provided. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

"Eighty (80) acres." An aliquot division of a section of land consisting of one-half of one quarter of a section.

"Elderly household." A household within which:

At least one person is a senior citizen, and

2)

All other residents except the spouse or person who resides with and provides primary physical or economic support of the senior citizen are at least fifty-five (55) years of age or older.

"Emergency shelter." Immediate and short-term housing with supportive services for homeless persons that is limited to occupancy of six months or less. No individual or household may be denied emergency shelter because of an inability to pay.

"Encroachment (flood)." The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision." A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the

pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

"Expansion to an existing manufactured home park or subdivision." The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Exterior noise level." The noise level as measured near the exterior of a structure usually within fifty (50) feet of the structure.

"Electrical vehicle charging stations." Is an element in an infrastructure that supplies electric energy for the recharging of electric vehicles.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.05 - "F."

"Factory built house." A residential structure constructed in conformance with the State of California Factory Housing Code.

"Family." An individual, or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.

"Farmers' market." A retail market where agricultural produce is offered for sale to the general public, either within an enclosed building or outdoors.

"Farm labor housing, contract labor." Living quarters, single-family or group housing, provided by a labor contractor for farm laborers which are not full-time farm employees on lands owned or leased by the owner of the living quarters. Section 17021.5 and 17021.6 of the California Health and Safety Code.

"Farm labor housing, on-site employee." Living quarters, either single-family or group housing, provided for full-time farm laborers employed on the site or on lands owned or leased by the owner of the living quarters.

"Farm stand." A permanent or temporary structure utilized for the sale of agriculture, horticultural, or farming products grown or produced by the owner or lessee of the property on which the structure is located.

A.

A "permanent farm stand" is one that is used throughout the year and no thirty (30) day time period elapses where the stand is not utilized.

B.

A "temporary" farm stand is one that is used seasonally and normally periods of time in excess of thirty (30) days pass where the stand is not utilized. A temporary farm stand shall not be used in excess of one hundred and eighty (180) cumulative days within a calendar year.

"Fast-food restaurant." An establishment whose principal food business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the

restaurant building or off the premises.

"Festivals and similar events." Events such as amusement rides, art shows, concerts, craft fairs, itinerant shows and religious revival meetings.

"Fence." An artificially constructed barrier of any approved material or combination of materials erected to enclose or screen areas of land.

"Flood, flooding or flood water." A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e. mudflows); and the condition resulting from flood-related erosion.

"Flood boundary and floodway map (FBFM). "The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood hazard boundary map." The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

"Flood insurance rate map (FIRM)." The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood insurance study." The official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Flood-related erosion." The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as unforeseeable event which results in flooding.

"Flood-related erosion area" or "flood-related erosion prone area." A land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or winddriven currents, is likely to suffer flood-related erosion damage.

"Flood-related erosion area management." The operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including, but not limited to, emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

"Floodplain" or "flood-prone area." Any land area susceptible to being inundated by water from any source - see "Flooding".

"Floodplan administrator." The individual appointed to administer and enforce the floodplain management regulations.

"Floodplain management." The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain,

including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations." This ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofing." Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.)

"Floodway." The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway".

"Forty acres." An aliquot division of a section of land consisting of one-quarter of one-quarter section of land.

"Foundation system." An assembly of materials constructed below, or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external natural forces as defined by the Health and Safety Code.

"Functionally dependent use." A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Funeral home." An establishment with facilities for the preparation of the deceased for burial or cremation, for the viewing of the body, and for funerals.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.06 - "G."

"Garage." A building or portion thereof in which a "motor vehicle" containing flammable or combustible liquids or gas in its tank is stored, repaired or kept.

"General plan." The general plan of the county of Imperial, as adopted by the board of supervisors pursuant to California Government Code.

"Geodesic dome." A dome or vault made of light straight structural elements largely in tension to reduce most structural stresses to tensions, and to reduce the weight of the structure to a point at which the building and the manufacture of building parts will be more economical.

"Geothermal electric generation project." A geothermal project whose prime purpose is the generation of electricity for commercial distribution and sale, and whose energy is derived primarily from geothermal

resources, and which project may, but need not necessarily, include the production of the geothermal resource. Such project shall be classified as a major, intermediate, or minor, as appropriate.

"Geothermal intermediate project." A geothermal project which does not fall within the definition of either a major or minor geothermal project; that is, a project using more than one production and/or one injection well, or having a geothermal resource flow of more than one hundred (100) gallons per minute (or fifty thousand (50,000) pounds per hour); and using no more than six wells (production or injection in any combination); or having an average resource flow of less than two thousand (2,000) gallons per minute (or one million (1,000,000) pounds per hour).

"Geothermal major exploratory well." Any well which in other respects may be to depths and of such size as to be fully capable of producing any resource encountered, or being utilized for injection of fluids, but which is not permitted to produce or inject beyond that necessary to evaluate any resource encountered. A major exploratory well may not be flowed or utilized for injection of fluids for more than three months in any twelvemonth period. A major exploratory well permit may not authorize more than six wells.

"Geothermal major project." A geothermal project for the large-scale production or use of geothermal resources and which involves more than six wells (production or injection in any combination) or the average resource flow of more than two thousand (2,000) gpm (or one million (1,000,000) pounds per hour).

"Geothermal minor exploratory well." A well less than one thousand (1,000) feet deep drilled for monitoring purposes, and which is not permitted to produce or inject any resource. Minor exploratory wells may be flowed only to the extent necessary to clean out the well and take measurements and samples. A minor exploratory well permit may authorize up to twenty-five (25) wells.

"Geothermal minor project." A geothermal project for the production or use of geothermal resources and using no more than one production and one injection well, and maximum geothermal resource flow of one hundred (100) gallons per minute (or fifty thousand (50,000) pounds per hour).

"Geothermal project." Any activity to discover, test, produce, or use geothermal resources. A project whose intended purpose is the discovery, test, production, or use of geothermal heat, minerals or other productions, or a project which encounters or produces resources over one hundred forty (140) degrees F or with over ten thousand (10,000) parts per million total dissolved solids, is a geothermal project. The use of heat, mineral or other products which may initially have derived from geothermal resources produced by a separate project, shall not in itself classify a project as a geothermal project.

uctions, or a project which encounters or produces resources over one hundred forty (140) degrees F or with over ten thousand (10,000) parts per million total dissolved solids, is a geothermal project. The use of heat, mineral or other products which may initially have derived from geothermal resources produced by a separate project, shall not in itself classify a project as a geothermal project.

"Geothermal resource." Is defined by the California Public resources Code, Section 6903, as: "The natural heat of the earth, the energy in whatever form, below the surface of the earth present in, resulting from or created by, or which may be extracted from, such natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, but excluding oil, hydrocarbon gas, or other hydrocarbon substances."

"Geothermal test facility." A geothermal project which may include the drilling of wells, the construction of any or all of the components necessary to test and evaluate a production or utilization facility, and the operation of the test facility and all of its components including the production and injection of geothermal resources, for a period not to exceed five years after commencement of the project, and with no commercial activities permitted in connection with the project, beyond those which may be incidental to the test facility project.

"Geothermal well." Any well whose intended purpose is the discovery, test, production, disposal, or use or geothermal resources; or any well which encounters or produces resources over one hundred forty (140) degrees F or with over ten thousand (10,000) parts per million total dissolved solids; or any well which is used to inject fluids into a known geothermal reservoir. All permits for geothermal projects shall indicate the maximum number of wells to be maintained and the maximum number of wells to be used. Any well "spudded" but not completely "abandoned" in accordance with law, shall count as a well being maintained regardless of its use or condition.

"Glucose processing." The production of monosaccharide carbohydrates through the hydrolysis of starch and other carbohydrates.

"Governing body." The local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Grade." The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, said ground level shall be measured at the sidewalk.

"Gross floor area." The area included within the surrounding exterior walls of all floors or levels of a building or portion thereof, exclusive of vent shafts and courts.

"Groundwater recharge facilities." Those works, structures, and equipment, including, but not limited to, spreading basins, wells, pumps, canals, weirs, pipelines, and streams, which permit water to reach the saturated zone of an aquifer.

"Group care facility." A facility or detached dwelling unit providing twenty-four-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

"Guest ranch." A building or buildings and open space for use of transients only, providing housing and meals and having recreational activities of one or more types, for compensation.

"Guest room." Any room or rooms used or intended to be used by a guest for sleeping purposes. Every one hundred (100) square feet of superficial floor area in a dormitory shall be considered to be a guest room.

"Gun club." Any building or premises where there are facilities of any sort for the firing of handguns, rifles or other firearms.

"Gymnasium." An indoor recreational or athletic facility for such uses as aerobics, gymnastics, racquetball, swimming, skating rinks, tennis and table tennis, trampoline operations and weight training; but not including amusement and recreational facilities as defined in this article.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.07 - "H."

"Habitable structure." Any structure intended for living purposes, including working, sleeping, cooking, eating, or recreation.

"Hardship." As related to Section 6 [90805.00], of the ordinance, "Variances" means the exceptional hardship that would result from a failure to grant the requested variance. The governing body requires that the variance

be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Hazardous waste." A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

A.

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness.

B.

Pose a substantial present or potential hazard to human health or environmental when improperly treated, stored, transported, or disposed of or otherwise managed.

"Hedge." A fence or barrier formed of bushes set close together.

"Height." The vertical distance from the base to the top of any structure, measured from lowest ground level point of the structure.

"Heliport." An area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.

"Herbicide." A substance used to destroy plants, especially weeds.

"Highest adjacent grade." The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure." For floodplain management purposes, the term means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on the inventory of historic places maintained by the California Office of Historic Preservation; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the California Office of Historic Preservation.

"Hog ranch or farm." Any premises used for the commercial breeding or raising of hogs which are kept confined, at a stockyard, and fed concentrated food for the purposes of developing or fattening the animals for retail or wholesale sale. (Hogs raised as an FFA, 4-H, or Junior Farmer project are not to be classified as a hog ranch or farm unless the express purpose is for the commercial wholesale or retail sales market.)

"Home occupation." Any activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.

"Horticultural activity." The cultivation of an orchard or garden on small or large scale.

"Hospital." Any building or portion thereof used for the accommodation and medical care of sick, injured, or infirm persons and including sanitariums.

"Hotel." Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

"Hunting club." A designated area where wild game birds or animals may be hunted and that may allow a clubhouse. Normally membership or entry fee is required as a prerequisite to hunting.

"Hyper-saline brine pond." See "deep solar ponds."

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.08 - "I."

"Impulsive noise." A noise having a high peal level and short duration, usually less than one second. with an abrupt onset and rapid decay.

"Infrasound." Sound pressure level below twenty (20) Hz.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.09 - "J."

"Junior accessory dwelling unit." A unit that is no more than five hundred (500) square feet in size and contained entirely within an existing single-family structure, junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

"Junk." All old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tin ware, plastic or old or discarded household goods or hardware.

Neatly stacked firewood for on-site use and hay bales for onsite animals located on a side yard or a rear yard is not considered junk.

"Junk yard" "salvage yard." Any lot or portion of thereof used for the storage of junk, including scrap metals, salvage or other scrap materials, unusable machinery, appliances, furniture, or equipment, or parts thereof, whether intended for personal use, such as hobby, storage, collection, restoration, etc., intended for sale or resale, but excluding the dismantling or wrecking of vehicles.

"Junk vehicle." Any vehicle, licensed or unlicensed, placed in storage within the unincorporated area of the county and which has any of the following characteristics:

A.

Inoperable. Any vehicle which lacks an engine, one or more wheels or other part, rendering said motor vehicle incapable of being driven under its own motor power, including wrecked, dismantled or partially dismantled or discarded vehicles.

B.

Habitat for nuisance animals or insects. Any vehicle which has become the habitat for rats, mice, or snakes, or any other vermin or insects.

C.

Defective or obsolete condition. Any other vehicle which, because of its defective or obsolete condition, in any way constitutes a threat to the public health and safety. Such defective or obsolete condition may include any vehicle with a broken or cracked windshield, window, headlight, taillight, or any other cracked or broken glass, or a broken or loose part, including a fender, door, bumper, hood, radio aerial, tail pipe or a decorative pipe.

Mere licensing of such vehicle shall not constitute a defense to the findings that the vehicle is not a junk vehicle.

"Vehicle" means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.

"Junk and junk vehicles a nuisance." It is hereby declared that any junk or junk vehicle(s) located upon private property constitutes a threat to public health and safety and is a nuisance. If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violations.

A.

EXCEPTIONS.

Structures. The provisions of this chapter do not apply to any junk or junk vehicles stored in a garage or other permitted enclosed structure.

2.

Salvage Yard. The provisions of this chapter do not apply to any junk or junk vehicles stored with a lawfully operated auto salvage yard or junk yard within the unincorporated area of the County.

3.

Restoration of Antique or Classic Vehicles. A person may restore one antique or classic vehicle which would otherwise constitute a "junk vehicle" on any lot under the following conditions:

a.

"Antique vehicle" means a passenger car or truck that is at least thirty (30) years old.

b.

Submits a letter containing the name and address of the owner of the vehicle and the lot on which the vehicle is to be restored and the model, year and description of the vehicle, including its vehicle identification number.

c.

Only one antique or classic vehicle may be restored on any lot at any one time.

d.

The outdoor storage of any antique or classic vehicle undergoing restoration shall be limited to a period of four consecutive months, said period commencing at the date of acceptance by the County. The owner shall cover a vehicle completely when it is being stored outside. The cover shall be a one-piece opaque heavy tarp or commercial car cover, securely fastened at all times.

As used in this chapter, a "junk vehicle" shall not include a motor vehicle which has been rendered temporarily incapable (a period of less than sixty days) of being driven under its own motor power in order to perform ordinary service or repair operations.

"Junk and junk vehicles prohibited." It is unlawful for any person to store, accumulate, or allow remaining on any private property within the unincorporated area of the County any junk or junk vehicle(s).

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.10 - "K."

"Kennel." A structure or structures consisting of fenced pen, runs, or buildings for the keeping, raising, breeding, and housing of dogs or similar animals for commercial purposes.

"Kitchen." Any room or area primarily intended or designated to be used or maintained for the cooking, storing preparation, or consumption of food.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.11 - "L."

"Labor camp." Any building, or group of buildings, where five or more farm helpers are housed. Where such farm help is employed principally in the general area.

"Land leveling." This shall mean the movement of dirt within and upon a parcel for purpose of providing a precise gradient to where a field can be irrigated properly and efficiently. This does not include excavations, stockpiling, removal of, or importation of earth.

"Land use." A description of how land is utilized.

"Laundromat." An establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes.

"Levee." A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system." A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Light machining." A limited machining business conducted within an enclosed building, requiring no outside storage, and which excludes punch presses of over twenty (20) tons rated capacity, drop hammers, automatic screw machines, and any other piece of equipment exceeding a twelve-horsepower rating.

"Livestock." Any cattle, sheep, swine, goat, horse, mule, or other equine animals.

"Livestock feedlot." An enclosed area where animals are confined and fed concentrated food to raise or fatten them for slaughter or commercial sale.

"Living area." The interior habitable area of a dwelling unit, including the basement and attic, but excluding the garage or any accessory (non-habitable) structure.

"Living space." Space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes.

"Local agency." The city, county or city and county whether general law or chartered.

"Lot." A designated parcel, tract, or area of land established by plan, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.

"Lot area." The total area within the lot lines of a lot, excluding any street rights-of-way and including only that area which is usable for its intended purpose.

"Lot area, minimum." The smallest lot area established by this Title on which a use or structure may be located in a particular zoning district.

"Lot, corner." "Corner lot" means a lot or parcel of land abutting two or more streets at their intersection or a lot abutting one street that forms and interior angle of less than one hundred thirty-five (135) degrees. The frontage of a lot abutting one street that forms an interior angle of one hundred thirty-five (135) degrees or more shall be considered the front yard of an interior lot.

"Lot coverage." That portion of the lot that is covered by buildings and structures.

"Lot depth." The distance measured from the front lot line to the rear lot line.

"Lot, flag." "Flag lot" means a lot with access provided to the bulk of the lot by means of a narrow corridor.

"Lot frontage." "Frontage lot" means the length of the front lot line measured at the street right-of-way excluding lot lines adjacent to street right-of-way where no access rights exist.

"Lot, (interior)." "Interior lot" means a lot abutting one street that forms an interior angle of one hundred thirtysix (136) degrees or more.

"Lot line" means a line of record that divides one lot from another lot or from a public or private street or any other public space.

"Lot line adjustment LLA". A lot line adjustment is a modification of a boundary line between two or more adjacent legal parcels where the modification complies with the following criteria:

1.

No new parcels are created, and no existing parcels are deleted.

2.

No parcel is reduced below the minimum lot area required by the zoning designation set forth in Imperial County Land Use Ordinance and the General Plan of Imperial County.

3.

The proposed adjustment is exempt from the Subdivision Map Act, and no tentative map, final map or parcel map, shall be required as a condition to the approval of a lot line adjustment.

4.

Public rights-of-way are not altered in any way unless approved by the director of public works.

"Lot line, front." "Front lot line" means the property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line. The shorter frontage shall be considered the front lot line.

"Lot line, rear." "Rear lot line" means the lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, an imaginary line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

"Lot line, side." "Side lot line" means any lot line other than front lot line or rear lot line.

"Lot, reversed corner." "Reversed corner lot" means a corner lot in which the side street of which is substantially a continuation of the front lot line of the first lot to its rear.

"Lot, through." "Through lot" means a corner lot whose side street line is substantially a continuation of the front lot lines of the first lot to its rear.

"Lot width." The distance measured parallel to the street between the side lot lines; in the event of a corner lot, the lesser dimension.

"Low frequency noise." Sound pressure levels between twenty (20) and one hundred and twenty-five (125) Hz.

"Low-income household." A household in which the gross annual income adjusted for family size does not exceed eighty (80) percent of the medium household income of the County of Imperial.

"Lower income households." Households with incomes eighty (80) percent or less of the county median income.

"Lowest floor." The lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

1.

An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a.

The wet floodproofing standard in Section 5.1.C.3.

b.

The anchoring standards in Section 5.1.A.

c.

the construction materials and method standards in Section 5.1.B.

d.

the standards for utilities in Section 5.2.

2.

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.12 - "M."

"Main building." The building in which the principal use of a lot is located.

"Major highway." A highway which is used, designed to be used, or is necessary to carry heavy volumes of traffic, and designated as a "major highway" in the circulation element of the general plan and described in the Imperial County Subdivision Standards.

"Major project." Any reference to a major project also includes an electric generation project.

"Manufactured home." A dwelling unit manufactured, either whole or in part, at a factory location other than the lot upon which it is to be placed and which is transported from the factory to the site either whole or in parts, that is built on a permanent chassis, designed for use as a single-family dwelling with or without permanent foundation when connected to the required utilities, and constructed to the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development. Also see definitions in Health and Safety Code sections 18000.(a)(2) and 18001.(a). For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for one hundred eighty (180) consecutive days or longer.

"Manufactured home park or subdivision." A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Mausoleum." A tomb for one or more deceased persons.

"Mean sea level." For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"Medium household." The income figure which represents the "middle" of the income range in the county of Imperial. The medium figure indicates that half of all households have incomes larger than that value and half have less. The current medium income figure is obtained from the State Department of Housing and Community Development.

"Mining." A form of mineral resource development involving the extraction and removal of more than one thousand (1,000) cubic yards of material from the same site, through such activities and uses as borrowed areas, sand, gravel and rock quarries, etc. Mining does not include extraction and removal of material from construction sites or following floods, landslides or natural disasters where the land is being restored to its prior condition.

"Mining, accessory uses." Uses customarily incidental, appropriate and subordinate to mining located on the same site, such as stockpiling, sorting, screening, washing, crushing, batching, and maintenance facilities.

"Mining, public works maintenance." Mining, and its accessory uses, for periods of less than nine months, which have been declared in writing by the public works department to be under its administrative control and which is necessary to alleviate immediate or foreseen threats to public health and safety, or the preservation of public facilities structures. Said uses include such operations as cleaning out and aligning of channels and floodways, removing material to avert potential landslides, and accessory processing such as stockpiling, sorting, screening, washing, crushing, and batching of on-site material.

"Mineral exploration." Exploration by scientific means, in a manner similar to the exploration for petroleum products, for the purpose of determining the existence and extent of commercial mineral deposits.

"Minimum distance between buildings." The distance between the walls of buildings, measured at the nearest point to an adjacent building.

"Ministerial decision." A decision requiring the application of the statutes, ordinances, or regulations to the facts as prescribed and involving little or no personal judgment by the public official or decision-making body as to the wisdom or manner of carrying out a project.

"Mini-warehouse." A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

"Minor plan modification." A minor change or modification of an approved development plan which is not in conflict with the intent, policy, or expectations of original project approvals.

"Mobile home." A structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. "Mobile home" does not include a recreation vehicle, commercial coach, or factory-built housing.

"Mobile home accessory structure." Any awning, cabana, ramada, storage cabinet, storage building, private garage, carport, fence, windbreak, or porch or any residential building or structure established for the use of the occupant of a mobile home on a lot.

"Mobile home park." An area or tract of land where two or more lots are rented or leased or held out for rent or lease to accommodate mobile homes for human occupancy.

"Modular home." A prefabricated dwelling unit constructed to Uniform Building Code; not a mobile home.

"Mortuary." A place in which the deceased are kept until burial.

"Motel." A building occupied or intended to be occupied, for compensation, as the temporary residence for transient guests, primarily persons who have residence elsewhere, with access to each room or unit from an outside porch or landing (whether or not such outside porch or landing is enclosed with screen, glass, plastic or similar material) and with accessible parking spaces on the premises, or adjacent premises under the same ownership, for each unit.

r compensation, as the temporary residence for transient guests, primarily persons who have residence elsewhere, with access to each room or unit from an outside porch or landing (whether or not such outside porch or landing is enclosed with screen, glass, plastic or similar material) and with accessible parking spaces on the premises, or adjacent premises under the same ownership, for each unit.

"Motion picture television production." All use related to the production of motion pictures and television film and tape, including motion picture and television stages; exterior sets; laboratories; construction, repair and storage facilities; caretaker and temporary housing; and accessory fabrication activities.

"Mudslide." Mudslide describes a condition where there is a river, flow or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover, and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A mudslide (i.e., mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.

"Mudslide area" or "mudslide-prone area." An characterized by unstable slopes and land surfaces whose history, geology, soil and bedrock structure, and climate indicate a potential for mudslides.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.13 - "N."

"Nature or wildlife preserve." An area set aside for the preservation of natural vegetation or wildlife where the general public may view the vegetation or wildlife, with or without charge.

"Neighborhood." An area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics or boundaries defined by physical barriers, such as major highways and railroads, or natural features, such as rivers.

"New construction (floodplains)." For floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision." A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Noise audible." Sound pressure levels having a frequency greater than one hundred twenty-five (125) Hz.

"Nonconforming building." A structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this Title, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the applicable zoning district or districts.

"Nonconforming lot." A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Title, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the applicable zoning district or districts.

"Nonconforming use." A use which was lawful prior to the adoption, revision, or amendment of this Title, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the applicable zoning district or districts.

"Nuisance." An interference with the enjoyment and use of property, that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.14 - "O."

"Obstruction." Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"Occupancy" or "occupied." The residing of an individual or individuals overnight in a dwelling unit, or the installation, storage, or use of equipment, merchandise, or machinery in any public, commercial, or industrial building.

"Official plan line." The future right-of-way of any road or highway as adopted by resolution of the board of supervisors.

"Off-site." Located outside the lot in question.

"Off-street parking." An area for the temporary storage of motor vehicles that is directly accessible to but not located on a dedicated street right-of-way.

"One-hundred-year flood" or "100-year flood." See "Base Flood."

"One ownership." Ownership of real property by a person, persons, firm, corporation, or partnership, or any combination thereof, individually, jointly, or in common, whereby such property is under a single or unified control.

"One-third octave." The frequency interval between two sounds whose frequency ratio is one and onequarter, e.g., from one hundred forty-two (142) to one hundred seventy-eight (178) Hz.

"Open space." Any parcel or area of land or water which is essentially unimproved and devoted to one or more of the following uses: preservation of natural resources; outdoor recreation; or public health and safety.

"Operator." Any person, firm, or corporation drilling, maintaining, operating, pumping, or in control of any well or related facilities for power generation, mineral extraction, desalinization or any other use of geothermal resources; or conducting any activity under the authority of a permit issued for a geothermal project.

"Overlay zone." A zoning district that modifies use, height, bulk, space, or other development standards of the base district with which it is combined (e.g., A-1-L-1, M-1-N).

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.15 - "P."

"Parcel." See "lot."

"Park." Public or private land used for active or passive recreation.

"Parking lot." An off-street parking facility containing four or more parking spaces.

"Parking area." Any public or private land area designated and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.

"Passageway." A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

"Permanent storage." The storage of motor vehicles, trailers, airplanes, boats, parts thereof, or building materials for a period of forty-eight (48) or more (consecutive hours).

"Permit." Written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

"Permitted use." Any use allowed by right in a zoning district and subject to the restriction applicable to that zoning district.

"Person." Any individual, firm, co-partnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any other group or combination acting as a unit.

"Pesticide." An agent (as a chemical) used to destroy a pest.

"Planning director." The director of planning and development services department of the county of Imperial or a designee.

"Plot." A single unit parcel of land; or a parcel of land that can be identified and referenced to a recorded plan or map.

"Plot plan." A plan graphically describing proposed and existing buildings, structures, lot lines, dimensions and other required information submitted in conjunction with an application for discretionary or ministerial review and approval.

"Poultry ranch." The raising, breeding, or hatching of poultry for commercial purposes.

"Preschool." A licensed public or private institution which provides structured educational services to children between the ages of two and five.

"Principal dwelling." The dwelling in which is conducted the principal residential use of the lot on which it is located.

"Principal use." The primary or predominant use of any lot.

"Prohibited use." A use that is not permitted in a zoning district.

"Property line." See "lot line."

"Public hearing." A meeting announced and advertised in advance and open to the public with the public given an opportunity to talk and participate.

"Public safety and nuisance." As related to Section 6 [90806.00 et seq.], of this ordinance [Title], "Variances" means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Public works department." The public works department of the county of Imperial, including the county surveyor's office and roads division.

"Public Works Director." The director for the public works of the county of Imperial or a designee.

"PV utility solar facility." An electrical generating facility designed to supply utility scale solar power by means of photovoltaics with stationary, single axis, and/or duel axis tracking systems. Utility solar facility includes solar panels, PV cells, semiconductor wafers, modules, arrays, gen-tie transmission, substations, switchyards, modules and arrays, solar inverters to change the electric current from DC to AC, as well as mounting, cabling, and other electrical accessories. A battery storage system (i.e. lithium ion) may also be added. These are electrical generating facilities designed to supply utility scale solar power, e.g., by means of photovoltaics with stationary, single axis, and/or dual axis tracking systems. Two examples of the types of

solar facilities acceptable in Imperial County are: PV solar facilities, and also concentrated solar power (CSP) technology using mirrors to reflect and concentrate sunlight onto receivers where it is collected and converted into heat used to produce electricity, e.g., parabolic trough technology.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

901401.16 - "Q."

"Quadruplex." Four attached dwellings units in one structure in which each unit has two open space exposures and shares one or two walls with the adjoining unit or units.

"Qualified affordable house development." A housing development (for sale or rental) for more than five units which is eligible under this Chapter to receive a density bonus or other development incentive.

"Quonset." A prefabricated shelter set on a specifically designed foundation and built of a semicircular arching roof of corrugated metal insulated inside with wood fiber or equivalent insulation.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.17 - "R."

"Recharge facilities." Those works, structures, and equipment, including, but not limited to, spreading basins, wells, pumps, canals, weirs, pipelines, or streams, which permit water to reach the saturated zone of an aquifer.

"Recreational vehicle." A motor home, slide-in camper, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency use, that is built on a single chassis, four hundred (400) square feet (37.16 m2) or less when measured at maximum horizontal projections, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. Also see definitions in Health and Safety Code section 18010.

"Recreational vehicle park" means an area or tract of land where one or more spaces are rented or held out for rent to owners or users of recreational vehicles or tents and which is occupied for sixty (60) consecutive days or less.

"Regulatory floodway." The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Rehabilitation." The upgrading of a building previously in a dilapidated or substandard condition for human habitation or use.

"Rehabilitation facility." Any short-or long-term residential facility, serving more than six individuals, designed to provide medical or social rehabilitation on an inpatient basis to individuals in a group giving arrangement, in which meals and twenty-four-hour staffing is provided. Such facilities would include alcohol and chemical dependence recovery homes, group living quarters for physically or developmentally disabled adults or

children, stress-reduction retreats, and residential facilities serving young adults or teenagers, which area operated by a nonprofit corporation for the purpose of providing moral or spiritual guidance to such persons. Rehabilitation facilities do not include hospitals, convalescent hospitals, sanatorium, rest homes, jails, prisons, or state-operated detention facilities.

"Remedy a violation." To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Renewable energy." All forms of energy developed through renewable resources such as geothermal, wind, solar, concentrated solar, deep solar pond, hyper-saline brine pond, biofuels or new technology utilizing natural resources.

"Replacement well." A geothermal well drilled to replace another well which is no longer maintained and is legally abandoned, or a geothermal well drilled to maintain a constant energy supply to a consuming facility necessitated by declining production from the original supply well(s).

"Residence." A home, abode, or place where an individual family is actually living at a specified point in time.

"Residential accessory structure." Buildings and structures normally associated with dwellings, such as garages, carports, greenhouses, storage buildings, and swimming pools.

"Residential facility." Any family home, group care facility, or similar facility, determined by the Director of the State Department of Social Services, for twenty-four-hour non-medical care of person in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual, as provided in Section 1502, California Health and Safety Code.

"Residential hotel." A hotel offering accommodations on a weekly or monthly basis. Single-room occupancy units (SROs) and boarding/ rooming houses can serve as an affordable housing option for lower-income households and those with special housing needs, including persons who are homeless or near homeless, persons with substance abuse problems, and farmworkers.

"Rest home." A health facility or a health facility which provides skilled nursing care to patients whose primary need is for availability of skilled nursing care on an extended basis.

"Retail services." Establishments engaged in selling goods or merchandise to the general public for personal or household consumption.

"Retirement home." A group housing arrangement chosen voluntarily by residents who are over sixty-two (62) years of age and who are provided varying levels of non-medical supportive services or care and in which meals are provided in central eating facilities or prepared by employees of the retirement home and delivered to individual living areas.

"Re-zone." To change the zoning classification of particular lot(s) or parcel(s) pursuant to provisions of this Title.

"Right-of-way." A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar uses.

"Riverine." Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Road." See "street."

"Roof." The outside top covering of a building.

"Rooming house." See "boarding house."

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.18 - "S."

"Sand dunes." Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Sanitary landfill." A disposal site employing an engineered method(s) of disposing of solid wastes in a maimer that minimizes environmental hazards by spreading, compacting to the smallest practical volume, and applying cover material over all exposed wastes at the end of each operating day.

"Salvage yard." See "junk yard".

"School, elementary or high." "Elementary school" or "high school" means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. (High schools include Junior and Senior.)

"Seatainers (sea containers)." See "cargo containers"

"Secondary highway." A street or highway designed to carry moderate volumes of traffic and designated as a "secondary highway" in the circulation element of the general plan and described in the Imperial County Subdivision Standards.

"Secondary residential unit" or "second unit." A detached or attached dwelling unit which provides complete independent living facilities for one or more persons.

"Self-service laundry." An establishment for laundering where there is no pick-up or delivery service and no steam or hand laundry or any type; provided however that all washing machines and accessory extractors and dryers shall be installed on a single floor without double-decking and there shall be no inter-mingling of customers' laundry.

"Septage disposal site." A site designated for the disposal of material pumped from septic tanks, cesspools, seepage pits, holding tanks, and privies.

"Services, commercial." Establishments providing services or entertainment, as opposed to products, to the general public.

"Setback." The required minimum distance between the street centerline or any property line and any part of the structure or parking stall.

"Setback, front." An open yard area extending between side lot lines across the front of a lot, the depth of which is the required minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

"Setback, rear." An open yard area extending across the rear of the lot between the inner site lot lines which is the required minimum horizontal distance between the rear lot line and on line parallel thereto on the lot.

"Setback, side." An open yard area extending from the front yard, or the front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest part of the side lot line.

"Sewage collection and disposal system sewage disposal system." Any system for the collection and disposal of sewage, domestic wastewater of a liquid nature, including various devices for the treatment of such sewage. Any system for the disposal of sewage, domestic wastewater of a liquid nature, including various devices for the treatment of such sewage.

"Sewage treatment plant." A facility for treatment and disposal of sewage.

"Sheet flow area." See "Area of shallow flooding".

"Shall" and "may." "Shall" is mandatory; "May" is permissive.

"Sidewalk." A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

"Sign." Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, or direct attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, color, illumination, or projected images.

"Sign, agricultural." "Agricultural sign" means an on-sign identifying a farm, ranch, or agricultural activities or products.

"Sign, agricultural industry." "Agricultural industry sign" means a sign identifying industrial activities related to the manufacture or processing of agricultural products.

"Sign, animated or moving." "Animated or moving sign" means any sign or part of a sign which changes physical position by any movement or rotation, or which gives the visual impression of such movement or rotation.

"Sign area." The entire face of a sign, including the advertising surface, and any framing, trim, or molding, but not including the supporting structure.

"Sign, billboard." See "sign, off-site."

"Sign, directional." "Directional sign" means a sign limited to direction messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."

"Sign face." The area or display surface used for the message.

"Sign, flashing." "Flashing sign" means any directly, indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

"Sign, freestanding." "Freestanding sign" means any non-movable pole or monument sign not affixed to a building.

"Sign, governmental." "Governmental sign" means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance, or other governmental regulation.

"Sign, identification." "Identification sign" means a sign giving the nature, logo, trademark, or other identifying symbol, address, or any combination of the name, symbol and address of a building, business, development, or establishment on the premises where it is located.

"Sign, illuminated." "Illuminated sign" means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

"Sign, monument." "Monument sign" means a sign constructed upon a solid base or pedestal, the total width of which is at least fifty (50) percent of the overall width of the sign.

"Sign, nameplate." "Nameplate sign" means a sign, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.

"Sign, off-site." "Off-site sign" means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

"Sign, on-site informational." On-site informational sign" means a sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pickup and delivery areas.

"Sign, pole." "Pole sign" means a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.

"Sign, political, religious, or civic campaign." "Political, religious, or civic campaign sign" means a temporary sign announcing or supporting candidates or issues in connection with any national, state, or local election, or civic or religious campaign.

"Sign, portable." "Portable sign" means a sign that is not permanent, affixed to a building, structure, or the ground.

"Sign, real estate." "Real estate sign" means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

"Sign, temporary." "Temporary sign" means a sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time.

"Sign, temporary construction." "Temporary construction sign" means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest in the structure or project.

"Sign, temporary subdivision." "Temporary subdivision sign" means a temporary sign pertaining exclusively to the development or sale of residential land subdivisions and located within the same subdivision.

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any potion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, canals, or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1351(f) of the Civil Code, a community apartment project as defined in Section 1351(d), and the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 1351(m) of the Civil Code. "Subdivision" includes any division of land by gift or inheritance, but excludes a division for probate homestead. Any conveyance of land to a governmental agency, public entity, public utility, or subsidiary of a public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.

"Sign, wall." "Wall sign" means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve (12) inches from such building or structure.

"Sign, warning." "Warning sign" means a sign limited to messages of warning, danger, or caution.

"Sign, wind." "Wind sign" means a sign or objects, some or all of which is moved by wind as method of attracting attention.

"Sign, window." "Window sign" means a sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.

"Single room occupancy." A single room that is the primary residence of its occupant. The unit may contain food preparation or sanitary facilities.

"Site." Any lot or parcel of land or combination of contiguous parcels of land.

"Site development plan." A plan graphically describing proposed buildings, structures, and other required information submitted in conjunction with an application for discretionary review and approval.

"Small fowl." Birds raised or grown for hobby purposes, show, or racing, normally no larger than a small chicken (e.g., pigeon, parrot, or cockatiel).

"Soffit." The horizontal underside of an eave.

"Solid waste." All putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

"Sound level measurement." The sound pressure level measured with a sound level meter and associated octave band analyzer, conforming to the standards prescribed hereinafter, and by the American National Standards Institute relating to sound and noise measurements.

"Specific plan line." The designated centerline of any road or highway as adopted by resolution of the board of supervisors from which the ultimate right-of-way is determined in accordance with the circulation element of the general plan.

"Special flood hazard area (SFHA)." The land area subject to flood hazards and shown on a flood insurance rate map or other flood hazard map as Zone A, AO, AH, A1-30, AE, A99, AR, ARAI-30, AR/AE, ARZ AO, ARZ AH, ARZ A, VO, or VI-30, VE or V. [Also defined in CCR Title 24 Part 2.]

"Special occasion facility." An indoor or outdoor facility or area which is used for special occasions such as weddings, parties, concerts, conferences, charity events, and fundraiser events for a specified period of time in return for compensation.

"Standby well." A geothermal well maintained ready for use, but which is put into use only upon another well being taken out of use.

"Start of construction." Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Stockyard." An enclosed area where livestock are temporarily confined and fed concentrated food while waiting for shipping to market, slaughter, or resale.

"Story." That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

"Story, half." "Half story" means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.

"Stream." A watercourse having a source and terminus, banks, and channel through which waters flow at least periodically.

"Street, cul-de-sac." "Cul-de-sac street" means a street with a single common ingress and egress and with a turnaround at the end.

"Street, local." "Local street" means a street designed to provide vehicular access to abutting property.

"Street, private." "Private street" means a street owned and maintained by a person or persons and intended for access to a limited number of private lots.

"Street, public." "Public street" means a street built to standards required and maintained by the county of Imperial.

"Structural." An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Structural alteration." Any change in roof lines or exterior walls, or in the beams, girders, floor joists, roof joists, or rafters. This includes any physical change which could affect the integrity of a wall, including partial or total removal, moving a wall to another location or expanding the wall in terms of height or length. Minor actions such as adding a doorway, walkway, passage or window, or attaching architectural features or adornments, are not considered to be structural alterations.

"Structural floor." The floor sheathing, structural beams, floor joists, or concrete slab of a building.

"Structure." A walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substandard." Of quality lower than that specified as acceptable under a standard prescribed by law or code; deficient in amenities (as sanitary accommodations, living space, safety facilities, or maintenance) in respect to a standard set by legal or other authoritative sources constituting a greater chance of loss due to some inherent and determinable cause (as poor or fire hazard).

"Substantial damage." Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred; or flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of such event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred. This is also known as "repetitive loss".

"Substantial improvement." Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

2.

Any alterations of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

"Subdivision." The division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease, or financing, whether immediate or future, except for leases of agriculture land for agricultural purposes.

"Substantial improvement." Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the actual cash value of the structure, either (a) before the

improvement is started, or (b) if the structure has been damaged and is being restored before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.

"Super service station." An automobile service station which supplies gasoline and diesel fuel to motor vehicles and may include grease racks or elevators, wash racks or pits, tire repair, battery servicing and repairing, ignition service, sales of motor vehicles accessories and other customary services for automobiles, but not including painting, body work and/or steam cleaning.

"Supportive housing." Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

"Surface mining operation." All or any part of tire process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

(1)

In place distillation or retorting or leaching;

(2)

The production and disposal of mining waste; and

(3)

Prospecting and exploratory activities. Unless excluded under the provisions of California Public Resources Code Section 2712 or Section 3505 of Title 14, California Code of Regulations, borrow pitting, streambed skimming, segregation, and stockpiling of mined materials (and recovery of same) are deemed to be surface mining operations.

"Surrounding area." An area extending three hundred (300) feet from the exterior boundaries of the subject property.

"Swap meet." An open-air market operating during daylight hours on weekends and holidays for the sale or exchange of merchandise at retail by a number of sellers.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.19 - "T."

"Tandem parking." Two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

"Temporary structure." A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

"Temporary use." A use established for a fixed period of time with the intent to discontinue such use upon expiration of such time period.

"Tensiometer." An instrument for measuring the surface tension of liquids.

"Ten acres." An aliquot division of a section of land consisting of one-quarter of one-quarter of one-quarter section of land not to be less than eight gross acres.

"Through lot." See Lot, Through.

"Tiny home." A dwelling that is four hundred (400) square feet or less in floor area, excluding lofts. Tiny houses shall comply with the 2022 California Code of Regulations, Title 24.

"Townhouse." A building with three or more attached dwelling units, each with its own roof, oriented in a common wall relationship as one building.

"Trailer." A structure mounted on wheels, towed or hauled by another vehicle, and used for short-term human occupancy, carrying materials, goods, or objects, or as a temporary office.

"Trailer court." See "mobile home park."

"Transfer/processing station." Those facilities utilized or receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. Transfer station does not include any facility, the principal function of which is to receive, store, separate, convert, or otherwise process, in accordance with state minimum standards, manure; nor does it include any facility, the principal function of which is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.

"Transfer station, large volume." "Large volume transfer station" means a transfer station which receives more than one hundred (100) tons of waste per operating day.

"Transfer station, small volume." "Small volume transfer station" means a transfer station which receives less than one hundred (100) tons of waste per operating day and requires a locally issued permit rather than a full solid waste facility permit.

"Transitional housing." Buildings configured as rental apartment developments, that operate under program requirements which call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months, and no more than two years. Appropriate sites for the transitional housing development should include those close to public services and facilities including transportation.

"Travel trailer park." See "recreational vehicle park."

"Triplex." See "dwelling, triplex, townhouse."

"Truck repair." A commercial activity engaged in the service and repair of trucks, including truck tire repair.

"Twenty acres." An aliquot division of a section of land consisting of one-half of one-quarter of one-quarter section of land not to be less than sixteen (16) gross acres.

"Two and one-half acres." An aliquot division of a section of land consisting of one-quarter of one-quarter of one-quarter of one-quarter section of land not to be less than two gross acres.

"Two-family dwelling or duplex." See "dwelling, two-family."

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.20 - "U."

"Use." The purpose or activity for which land or buildings are designed, arranged, or intended, or for which either is or may be occupied or maintained.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.21 - "V."

"V Zone." See "Coastal high hazard area".

"Variance." Permission to depart from the literal requirements of this Title.

"Vehicle wrecking yard." Any lot or portion thereof used for the personal or commercial dismantling or wrecking of motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts, but not including the incidental storage of vehicles in connection with the operation of a repair period of any one vehicle does not exceed sixty (60) days, and not including the active noncommercial repair of up to two personal motor vehicles per legal lot within a one hundred twentyday period.

"Very low-income household." A household in which the gross annual income adjusted for family size does not exceed fifty (50) percent of the medium household income for the county of Imperial.

"Violation." The failure of a structure or other development to be fully complaint with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

"VOC." A volatile organic compound (VOC) broadly defined as a chemical compound based on carbon chains or rings with vapor pressures greater than 0.1 millimeters of mercury at room temperature. These compounds typically contain hydrogen and may contain oxygen, nitrogen and other elements. See CCR Title 17, Section 94508(a).

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.22 - "W."

"Washroom." A room equipped with washing and, usually, toilet facilities.

"Water surface elevation." The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or

riverine areas.

"Water treatment plant." A plant or facility for treatment or purification of water to make it usable.

"Watercourse." A natural or man-made, intermittent or perennial drainage channel which includes, but is not limited to, the terms river, stream, creek, channel or other topographic feature in, on, through, or over which water flows at least periodically.

"Wild animal keeping." Keeping or maintaining any dangerous, wild, carnivorous, or exotic animal that is wild by nature and not customarily domesticated by man so as to live and breed in a tame condition.

"Wind-driven electrical generators, experimental wind-driven electrical generators, production." "Experimental wind-driven electrical generators" means wind systems that are the first of their kind, and their use constitutes a testing of a new concept or design. "Production wind-driven electrical generators" means electrical generators that have progressed beyond the prototype stage, and the construction of a significant number on a continuing basis has occurred.

"Wind-driven electrical generators, prototype." "Prototype wind-driven electrical generator" means electrical generators that have progressed beyond the experimental stage, and construction of a limited number to test operations in field conditions has occurred.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.24 - "Y."

"Yard." An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in this Title.

"Yard, front." "Front yard" means a space extending across the full width of the lot between the front lot line and the nearest line or point of the main building or of any accessory building or structure.

"Yard, impound." "Impound yard" means the outside storage of autos, trucks, or other vehicles for commercial purposes.

"Yard, rear." "Rear yard" means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the main building or of any accessory building or structure.

"Yard, side." "Side yard" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main building or of any accessory building or structure.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

91401.25 - "Z."

"Zoning." The dividing of the county into districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.

"Zoning district." A specifically delineated area or district in the county within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

(Ord. No. 1565, §§ 11, 12, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Division 15 - GEOLOGICAL HAZARDS Chapter 1 - APPLICABILITY

The ordinance codified in this division is adopted pursuant to the requirements of the Alquist-Priolo Geologic Hazards Zone Act (Public Resources Code, Section 2621 et seq.) and the adopted Policies and Criteria of the State Mining and Geologic Board. Within the special studies zones shown on the maps prepared by the State Geologist pursuant to the Act, all applicants for permits for any project as defined by Section 91501.01 shall comply with all of the provisions of the Act and this division. The maps delineating the special studies zones are on file in the office of the planning department and the public works department. All maps are periodically reviewed and revised by the State Geologist when warranted by new information. In all cases, the latest edition of adopted maps shall govern.

(Prior code § 91501.00)

91501.01 - Definitions.

As used in this division, the following terms shall have the following meanings:

"Permit" includes the following:

1.

Conditional use permits;

2.

Variance;

3.

Special use permit;

4.

Certificate of occupancy;

5.

Building permit;

6.

Subdivisions;

7.

Zone changes;

8.

Zoning approval or other permits for trailer or mobile home parks as provided by Title 25 of the California Code of Regulations.

"Project" means:

1.

Any subdivision of land which is subject to the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and which contemplates the eventual construction of structures for human occupancy;

2.

All structures for human occupancy;

3.

All structures for human occupancy shall meet the construction standards provided for in Section 91502.00.

"Residential dwelling unit" is any building or portion thereof which contains living facilities including provisions for sleeping, eating, cooking and sanitation for not more than one family.

"Structure for human occupancy" is a structure that is regularly, habitually or primarily occupied by humans, including but not limited to the following: all residences, single family or multiple, including trailer and mobile homes, retail stores, theaters, manufacturing buildings, public services structures (such as civic centers) hospitals, schools, clubhouses, churches and recreation buildings.

(Prior code § 91501.01)

Chapter 2 - STANDARDS

91502.00 - Standards for residential dwelling unit in special studies zones.

A.

Replacement Residential Dwelling Unit. Any existing residential dwelling unit located within a special studies zone may be altered, repaired, renovated, added to and/or replaced, anywhere within the special studies zone provided the following conditions are met:

1.

Prior to issuance of any permit, a public disclosure document, signed by the applicant, the record owner and the county of Imperial, shall be recorded which shall include a copy of the site plan showing the exact location of the structure with respect to the trace of an active fault.

2.

No structure shall be allowed to be replaced without being designed by a licensed architect or registered civil engineer as qualified by the state of California.

3.

Any mobile home shall be required to have a seismic anchor system either approved by the Housing Community Development ("HCD"), state of California or designed by an architect/engineer unless it is placed upon a permanent foundation which is designed by a licensed architect or registered civil engineer as qualified by the state of California.

B.

New Residential Dwelling Units. Any new residential dwelling unit to be located within a special studies zone shall meet the following requirements:

1.

Prior to issuance of any permit, a public disclosure document, signed by the applicant, the record owner, and the county of Imperial, shall be recorded, which shall include a copy of the site plan showing the exact location of the structure with respect to the trace of an active fault.

2.

No new residential dwelling unit shall be placed within fifty (50) feet of trace of an active fault.

3.

No new structures shall be allowed without being designed by a licensed architect or registered civil engineer as qualified by the state of California.

4.

Any residential dwelling unit within a special studies zone located beyond the fifty (50) foot setback from the fault shall at a minimum meet the following conditions:

a.

Any replacement of a wood-frame structure shall require "shear wall" lateral bracing, and foundation anchor bolts at not more than twenty-four (24) inches O.C., wall-to-foundation straps and such other seismic safety requirements deemed appropriate by the building official.

b.

Any mobile home shall be required to have a seismic anchor system unless it is placed upon a permanent foundation which is designed by a licensed architect or registered civil engineer as qualified by the state of California.

C.

Warning. Every permit issued shall have the following warning statement printed thereon:

The Applicant/Owner/Contractor is hereby advised that this structure is located within a "special study zone" as shown on maps prepared by the State Geologist. This structure and its occupants may be subject to

damage or injury from a seismic activity related to this fault zone. Neither the County nor its staff shall be held liable for any damage or injury resulting from this project.

(Prior code § 91502.00)

91502.01 - Application requirements.

A.

All applications for a permit for a project as defined in Section 91501.01 that lies within a special studies zone shown on the maps prepared by the State Geologist pursuant to the Alquist-Priolo Geologic Hazards Zone Act shall be accompanied by a geologic report.

B.

The report shall be issued by a geologist that is registered in the state of California in accordance with the requirements of the Act, and shall be directed toward the problem of potential surface fault displacement.

C.

A geologic report for a project may be waived if the county geologist or a consultant employed or retained by the county finds, based upon information available from previous studies of the same area, that there is no undue hazard of surface fault rupture. Any waiver must be approved by the State Geologist.

D.

A fee equal to the county's actual costs in analyzing the geologic report, responding to any appeal, or in otherwise processing the application, shall be charged to the applicant. An initial deposit of five hundred dollars ($500.00) shall be advanced by the applicant. A partial refund shall be made if actual costs do not reach five hundred dollars ($500.00). As stated, additional payment shall be required where actual costs exceed the amount. All fees charged pursuant to this section shall be paid to the director of public works department.

(Prior code § 91502.01)

91502.02 - Approvals.

Within every special studies zone delineated on the maps issued by the State Geologist, no permit shall be granted for any project as defined in Section 91501.01 if the permit or approval would allow or require:

A.

A structure, except for replacement structures meeting criteria of Section 91502.00(A), used for human occupancy to be constructed or placed across the trace of an active fault;

B.

A structure used for human occupancy to be constructed or placed within fifty (50) feet of the trace of an active fault, unless the approved geologic report shows that the site is not underlain by active branches of the fault and that no undue hazard would be created by construction of the structure;

C.

A structure used for human occupancy to be constructed or placed within any other portion of a special studies zone, unless the approved geologic report shows that no undue hazard would be created by the construction of the structure;

D.

If upon analysis of the geologic reported submitted, it is determined by a geologist employed or retained by the county that the proposed development or structure would create an undue hazard within the special studies zone, the requested project, as defined in Section 99.360.020, shall be denied;

E.

Any denial of a requested permit or approval which is based solely on the determination that the proposed development or structure would create an undue hazard within the special studies zone, may be appealed by the applicant to the State Geologist within thirty (30) days from the date of notification of the denial. The State Geologist shall independently determine whether or not the proposed development or structure would create an undue hazard within the specials studies zone and his/her determination shall be final.

(Prior code § 91502.02)

Division 16 - FLOOD DAMAGE PREVENTION REGULATION Chapter 1 - STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS[[31]]

Footnotes:

--- ( 31 ) ---

Editor's note— Sec. 13 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 1, which pertained to the same subject matter, consisted of §§ 91601.00—91601.03, and derived from the prior code. Section 14 of said ordinance enacted provisions to read as herein set out.

The Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local government the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Supervisors of Imperial County does ordain as follows:

(Ord. No. 1565, §§ 13, 14, 12-15-20)

A.

The flood hazard areas of Imperial County are subject to periodic inundation which results in loss of life and property, health, safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91601.02 - Statement of purpose.

It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

A.

To protect human life and health.

B.

To minimize expenditures of public money for costly flood control projects.

C.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

D.

To minimize prolonged business interruptions.

E.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

F.

To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas.

G.

To insure that potential buyers are notified that property is in an area of special flood hazard.

H.

To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91601.03 - Methods of reducing flood losses.

In order to accomplish its purposes, this Ordinance includes methods and provisions for:

A.

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities.

B.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

C.

Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.

D.

Controlling, filling, grading, dredging and other development which may increase flood damage.

E.

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

Chapter 2 - DEFINITIONS[[32]]

Footnotes:

--- ( 32 ) ---

Editor's note— Sec. 13 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 2, which pertained to the same subject matter, consisted of § 91602.00, and derived from the prior code. Section 14 of said ordinance enacted provisions to read as herein set out.

Unless specifically defined within this Division, words and phrases used in Division 16 (Flood Damage Prevention) shall be interpreted and/or have the meaning as defined in Chapter 1, Division 14 of Title 9, commencing with Section 91401.00.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

Chapter 3 - GENERAL PROVISIONS[[33]]

Footnotes:

--- ( 33 ) ---

Editor's note— Sec. 13 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 3, which pertained to the same subject matter, consisted of §§ 91603.00—91603.06, and derived from the prior code. Section 14 of said ordinance enacted provisions to read as herein set out.

This division shall apply to all areas of special flood hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of Imperial County.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91603.01 - Basis for establishing the areas of special flood hazard.

The areas of special flood hazard, and areas of mudslide (i.e. mudflow) hazards identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study: Imperial County, California Unincorporated Areas," dated September 15, 1983, with an accompanying flood insurance rate map(s) for Imperial County dated March 15, 1984, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be part of this division is hereby adopted by reference and declared to be a part of this division. The 24-14 Edition of the Flood Resistant Design and Construction Standard published by the American Society of Civil Engineers (ASCE) and the Structural Engineering Institute (SEI) is also adopted by reference. This flood insurance study is on file at the 801 Main Street, El Centro, CA (Planning and Development Services Department). In addition, the board of supervisors hereby also includes any area of land located around the Salton Sea and lying at or below the two hundred twenty-foot elevation contour. This flood insurance study is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this division, and which are recommended to the board of supervisors by the floodplain administrator.

(Ord. No. 1565, §§ 13, 14, 12-15-20; Ord. No. 1576, §§ 23, 24, 2-8-22)

91603.02 - Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this division and other applicable regulations. Violations of the provisions of this division by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

This division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

In the interpretation and application of this division, all provisions shall be:

A.

Considered as minimum requirements.

B.

Liberally construed in favor of the governing body.

C.

Deemed neither to limit nor repeal any other powers granted by State statues.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91603.05 - Warning and disclaimer of liability.

The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This ordinance does not imply that land outside the areas of special flood hazards, and areas of mudslide hazards or uses permitted within such areas will be free from flooding or flood damages. This division shall not create liability on the part of Imperial County, any officer or employee thereof, the State of California or the Federal Insurance Administration Federal Emergency Management Agency for any damages that result from reliance on this division or any administrative decision lawfully hereunder.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91603.06 - Severability.

This division and the various parts thereof are hereby declared to be severable. Should any section of this division be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the division as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

Chapter 4 - ADMINISTRATION[[34]]

Footnotes:

--- ( 34 ) ---

Editor's note— Sec. 13 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 4, which pertained to the same subject matter, consisted of §§ 91604.00—91604.03, and derived from the prior code. Section 14 of said ordinance enacted provisions to read as herein set out.

91604.00 - Establishment of development permit.

A development permit shall be obtained before construction or development begins within any area of special flood hazards or areas of mudslide (i.e., mudflow) established in Section 91603.01. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A.

Site plan, including, but not limited to:

1.

For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; and

2.

Proposed locations of water supply, sanitary sewer, and utilities; and

3.

If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and

4.

If applicable, the location of the regulatory floodway; and

B.

Foundation design detail, including but not limited to:

1.

Proposed elevation in relation to sea level, of the lowest floor (including basement) of all structures; and

2.

For a crawl-space foundation, location and total net area of foundation openings as required in Section 91605.00.C.3 and FEMA Technical Bulletins 1-93 and 7-93; and

3.

For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent (95%) using the Standard Proctor Test method); and

C.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed, as required in Section 91605.00.C.2 and FEMA Technical Bulletin TB 3-93; and

D.

All appropriate certifications listed in Section 91604.02.D; and

E.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91604.01 - Designation of the floodplain administrator.

The Building Official is hereby appointed to administer and implement this division by granting or denying development permits in accordance with its provisions.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91604.02 - Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

A.

Permit Review.

1.

Review all development permits to determine that the permit requirements of this ordinance have seen satisfied.

2.

All other required state and federal permits have been obtained.

3.

The site is reasonably safe from flooding.

4.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but a flood way has not been designated. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.

B.

Use of the Other Base Flood Data.

Require the applicant to include base flood elevation data prepared by a qualified CA Licensed Civil Engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the floodplain administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

2.

When base flood elevations data has not been provided in accordance with Section 91603.01 the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer this ordinance. Any such information shall be submitted to the board of supervisors for adoption; or

3.

If no base flood elevation data is available from a federal or state agency, or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer this ordinance:

a.

Simplified Method.

i.

One hundred-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and

ii.

Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

b.

Detailed Method.

i.

One hundred-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HECHMS computer program; and

ii.

Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RA S computer program.

4.

Pursuant to 44 CFR 60.3(b)(3) requirement of: "Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50

lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data."

5.

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

C.

Notification of other agencies whenever a watercourse is to be altered or relocated:

1.

Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation;

2.

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3.

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

D.

Determination of Floodplain Development. Obtain and maintain for public inspection and make available as needed documentation of floodplain development:

1.

The certification required in Section 91605.00(C) and 91605.03 (lowest floor elevation).

2.

Certification required by Section 91605.00(C) (elevation or floodproofing of nonresidential structures),

3.

The certification required in Section 91605.00(C)(3) (wet floodproofing standard).

4.

The certification elevation required in Section 91605.02(B) (subdivision standards).

5.

The certification required in Section 91605.06(A) (floodway encroachment).

Reports required by Section 91605.07(C) (mudflow standards).

E.

Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, or areas of mudslide (i.e., mudflow). Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided for in Chapter 6 below.

F.

Remedial Action. Take action to remedy violations of this ordinance as specified in Section 91603.02 herein.

G.

Expiration. A permit for floodplain development shall become invalid when the proposed development is not commenced within one hundred eighty (180) days after its issuance, or when the work authorized is suspended or abandoned for a period of one hundred eighty (180) days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The floodplain administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each unless FEM A has issued notification of revision to the flood insurance rate study and flood insurance rate maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.

H.

Suspension or Revocation. The floodplain administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community.

(Ord. No. 1565, §§ 13, 14, 12-15-20; Ord. No. 1576, §§ 25, 26, 2-8-22)

91604.03 - Appeals.

The Board of Supervisors of the county of Imperial shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator and/or the Building Board of Appeals in the enforcement or administration of this division.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

Chapter 5 - PROVISIONS FOR FLOOD HAZARD REDUCTION[[35]]

Footnotes:

--- ( 35 ) ---

Editor's note— Sec. 13 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 5, which pertained to the same subject matter, consisted of §§ 91605.00—91605.07, and derived from the prior code. Section 14 of said ordinance enacted provisions to read as herein set out.

In all areas of special flood hazards the following standards are required:

A.

Anchoring.

1.

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2.

A licensed architect or registered professional engineer shall assess all new construction and any substantial improvements.

3.

All manufactured homes shall meet the anchoring standards of Section 91605.03.

B.

Construction Materials and Methods. All new construction and substantial improvement shall be constructed:

1.

With flood-resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

2.

Using methods and practices that minimize flood damage;

3.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if

4.

Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C.

Elevation and Floodproofing. (See Division 14 of Title 9 for definitions for "basement", "lowest floor", "new construction", "substantial damage" and "substantial improvement".)

1.

Residential construction, new or substantial improvement, shall have the lowest floor, including basement,

a.

In an AO zone, elevated above the highest adjacent grade to height two feet above the depth number specified in feet on the FIRM, or elevated at least four feet above the highest adjacent grade if no depth number is specified

b.

In an A zone, elevated to at least two feet above the base flood elevation; said base flood elevation; said base flood elevation shall be determined by one of the methods in Section 91604.02(B) of this ordinance.

c.

In all other zones, elevated at least two feet above the base flood elevation.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the County building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

2.

Nonresidential construction, new or substantial improvement, shall either be elevated to conform with Section 91605.00(C)(1) or together with attendant utility and sanitary facilities:

a.

Be floodproofed below the elevation recommended under Section 91605.00(C)(1) so that the structure is watertight with walls substantially impermeable to the passage of water;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c.

Be certified by a registered professional engineer or architect that the standards of this Section 91605.00(C) (2) are satisfied. Such certification shall be provided to the Floodplain Administrator.

3.

All new construction or substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject

to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-91 and TB 7-93, and must exceed the following minimum criteria:

a.

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other covering devices provided that they permit the automatic entry and exit of floodwater; or

b.

Be certified by a registered professional engineer or architect.

4.

Manufactured homes shall also meet the standards in Section 91605.03.

(Ord. No. 1565, §§ 13, 14, 12-15-20; Ord. No. 1576, §§ 27, 28, 2-8-22)

91605.01 - Standards for utilities.

A.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into floodwaters.

B.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91605.02 - Standards for subdivisions.

A.

All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

B.

All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

C.

All subdivision proposals shall be consistent with the need to minimize flood damage.

D.

All subdivision proposals shall have public utility and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

E.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91605.03 - Standards for manufactured homes.

A.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B.

All new construction and any substantial improvements shall be assessed by a licensed architect or registered professional engineer.

C.

All manufactured homes that are placed or substantially improved, within Zones A1-30, AH, and AE on the County's Flood Insurance Rate Map, on sites located:

a.

Outside of a manufactured home park or subdivision,

b.

In a new manufactured home park or subdivision,

c.

In an expansion to an existing manufactured home park or subdivision, or

d.

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood,

shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least two feet above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

D.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V and VE on the County's Flood Insurance Rate Map that are not subject to the provisions of Section 91605.03.C. will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

a.

Lowest floor of the manufactured home is at or above the base flood elevation (The State of California recommends at least two feet above the base flood elevation), or

b.

Manufactured homes chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the county building inspector to be properly erected. Such certification and verification shall be provided to the floodplain administrator.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91605.04 - Standards for recreational vehicles.

A.

All recreational vehicles placed on sited within Zones A1-30, AH, and AE on the County's Flood Insurance Rate Map will either:

1.

Be on a site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use - a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or

2.

Meet the permit requirements of Chapter 4 (Sections 91604.00 through 91604.03) of this division and the elevation and anchoring requirements for manufactured homes in Section 91605.03.C.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91605.05 - Flood-related erosion-prone area.

A.

The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the County.

B.

Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

C.

If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

D.

With Zone E on the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

Located within areas of special flood hazard established in Section 91603.01 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A.

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered engineer or licensed architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B.

If Section 91605.06.A is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Chapter 5 (Sections 91605.00 through 91605.07) herein.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91605.07 - Mudslide (i.e., mudflow) prone areas.

A.

The floodplain administrator shall review permits for proposed construction or other development to determine it is proposed within a mudslide area.

B.

Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to:

1.

The type and quality of soils.

2.

Evidence of ground water or surface water problems.

3.

The depth and quality of any fill.

4.

The overall slope of the site.

5.

The weight that any proposed development will impose on the slope.

C.

Within areas which have mudslide hazards, the following requirements apply:

1.

A person qualified in geology and soils engineering shall make a site investigation and further review.

2.

The proposed grading, excavation, new construction and substantial improvements shall be adequately designed and protected against mudslide damages.

3.

The proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbance.

4.

Drainage, planting, watering and maintenance shall not endanger slope stability.

D.

Within Zone M on the Flood Insurance Rate Map, the County shall adopt a drainage ordinance which at least complies with the standards of Sections 7001 through 7006 and Sections 7008 through 7015 of the most recent amendment of the Uniform Building Code:

The location of foundation and utility systems of new construction and substantial improvements.

2.

The location, drainage and maintenance of all excavations, cuts and fills and planted slopes.

3.

Protective measures including but not limited to retaining walls, buttress fills, sub-drains, diverted terraces, benchings, etc.

4.

Engineering drawings and specifications to be submitted for all corrective measures accompanied by supporting soils engineering and geology reports.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

Chapter 6 - VARIANCE PROCEDURE[[36]]

Footnotes:

--- ( 36 ) ---

Editor's note— Sec. 13 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 6, which pertained to the same subject matter, consisted of §§ 91606.00—91606.03, and derived from the prior code; and Ord. 1339, 2001. Section 14 of said ordinance enacted provisions to read as herein set out.

91606.00 - Appeals Board.

A.

The Building Board of Appeals of Imperial County shall hear and decide appeals and requests for variances from the requirements of this division.

B.

The Building Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this division.

C.

In passing upon such applications, the Building Board of Appeals shall consider all technical evaluations, all relevant factors, standards specific in other sections of this division, and:

1.

The danger that materials may be swept onto other lands to the injury of others.

The danger of life and property due to flooding or erosion damage.

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing owner and future owners of the property.

4.

The importance of the services provided by the proposed facility to the County.

5.

The necessity to the facility of a waterfront location, where applicable.

6.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

7.

The compatibility of the proposed use with existing and anticipated development.

8.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

9.

The safety of access to the property in time of flood for ordinary and emergency vehicles.

10.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, streets and bridges.

D.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items Chapter 4 (91604.00 through 91604.03) and Chapter 5 (91605.00 through 91605.07) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

E.

Upon consideration of the factors of Section 91606.00.C. above and the purposes of this ordinance, the Building Board of Appeals may attach such conditions to the granting of variance as it deems necessary to further the purpose of this division.

F.

The floodplain administrator shall maintain the records of all appeal actions, including justification for their issuance, and report any variances issued its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91606.01 - Conditions for variances.

A.

Variances may be issued for the reconstruction, rehabilitation or restoration of "historic" structures (as defined in Title 9 Division 14) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

B.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

C.

Variances shall only be issued upon a determination that the variance is the "minimum necessary", considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this division.

D.

Variances shall only be issued upon:

1.

A showing of good and sufficient cause.

2.

A determination that failure to grant the variance would result in exceptional "hardship" (as defined in Division 14 of Title 9) to the applicant.

3.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, (as defined in Division 14 of Title 9 - see "Public Safety and Nuisance") cause fraud on or victimization of the public, (as defined in Division 14 of Title 9) or conflict with existing local laws or ordinances.

E.

Variances may be issued for new construction and substantial improvements and/or other development necessary for the conduct of a functionally dependent use provided that the provisions of Section 91606.01.A. through D. above are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

F.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain administrator in the office of the Imperial County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91606.02 - Appeals to the Board of Supervisors.

The decision of the Board of Appeals on any appeal or request for waiver shall be final, unless within ten (10) days after said decision a written appeal to the Board of Supervisors is filed by the applicant with the Building Official. Said appeal shall state the grounds upon which the appeal is made. Said appeal shall be heard at a public hearing at a regularly scheduled meeting of the Board of Supervisors within one month after the date of filing of said appeal. Notice of the time and place of said hearing shall be given to the applicant by mailing such notice to him/her at his/her last known address at least five days prior to the date set for such hearing. A copy of said notice shall also be sent to the Clerk of the Board of Supervisors and to all members of the Board of Appeals.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

91606.03 - Fees.

A.

Review fee for building permits for structures lying within an area of special flood hazard. .....$75.00

B.

Review fee for applications for subdivisions lying within an area of special flood hazard. .....$200.00

C.

Fee for appeals or request for waiver to the flood hazard review board. .....$75.00

D.

Fee for appeals to the board of supervisors. .....$400.00

(Ord. No. 1565, §§ 13, 14, 12-15-20)

Division 17 - GEOTHERMAL PROJECTS Chapter 1 - GENERAL PROVISIONS[[37]]

Footnotes:

--- ( 37 ) ---

Editor's note— Sec. 7 of Ord. No. 1521, adopted Oct. 24, 2017, rescinded Ch. 1, which consisted of §§ 91701.00—91701.09, and derived from the prior code. Sec. 8 of said ordinance re-enacted Ch. 1 to read as herein set out.

A.

The purpose of these regulations is to facilitate the beneficial use of renewable energy resources for the general welfare of the people of Imperial County and the state of California; to protect renewable energy resources from wasteful or detrimental uses; and to protect people, property, and the environment from detriments that might result from the improper use of renewable energy resources.

B.

It is the intent of these regulations to implement the renewable energy overlay zone established in the renewable energy and transmission element, and integrate, to the extent possible, Imperial County's regulations with those of other governmental agencies which regulate renewable energy development.

C.

It is further the intent of these regulations to provide for the protection of the public health, safety and general welfare as the result of changes in the regulations or enforcement policies of those other agencies which regulate renewable energy development.

(Ord. No. 1521, §§ 7, 8, 10-24-17)

91701.01 - "RE" renewable energy overlay zone.

The renewable energy (RE) overlay zone consists of two categories as shown on the RE overlay map:

A.

The geothermal energy overlay for areas where existing and future development has been environmentally review for geothermal renewable energy facilities; and

B.

The renewable/geothermal overlay for areas that could be developed with any form of renewable energy technology, including geothermal production.

Land classified in some other (non-overlay) zone may also be classified in the "RE" renewable energy overlay zone. An amendment to the overlay zone would only be approved by the county board of supervisors if a

future renewable energy project met one of the following two conditions:

•

Adjacent to the Existing RE Overlay Zone: An amendment may be made to allow for development of a future renewable energy project located adjacent to the existing RE overlay zone if the project:

º

Is not located in a sensitive area.

º

Would not result in any significant environmental impacts.

•

"Island" Overlay: An amendment may be made to allow for development of a future renewable energy project that is not located adjacent to the existing RE overlay zone if the project:

º

Is located adjacent (sharing a common boundary) to an existing transmission source.

º

Is adjacent to or within one-quarter mile of an existing operating solar facility.

º

Would not result in any significant environmental impacts.

(Ord. No. 1521, §§ 7, 8, 10-24-17; Ord. No. 1534, § 1, 1-15-19)

91701.02 - Renewable energy overlay map.

==> picture [371 x 472] intentionally omitted <==

(Ord. No. 1521, §§ 7, 8, 10-24-17)

Renewable energy projects must be located within the renewable energy overlay zone and may be permitted only through the issuance of a conditional use permit (CUP) within applicable zones as approved by the approving authority unless otherwise allowed by applicable law. Renewable energy projects may consist of the following technologies: geothermal, solar, wind, deep solar ponds, biofuel, bio-mass, algae production, concentrated solar-thermal power, and concentrated photovoltaics.

(Ord. No. 1521, §§ 7, 8, 10-24-17)

91701.04 - General standards.

The following are general standards applicable to all renewable energy projects (projects), as contained in the Imperial County General Plan and the 2015 Renewable Energy and Transmission Element.

A.

New Project Application Requirements. Two hard copies and one CD or DVD of the project application, along with the required fees, shall be submitted initially to the department of planning and development services in compliance with the application procedures required herein. Upon receipt of the application, county staff shall also forward a copy to the Imperial Irrigation District. Applications shall at a minimum include the following:

1.

A project description clearly outlining the full scope of project.

2.

A legal description of the proposed subject site.

3.

A precise project location map including adjacent roads and canals, and other structures.

4.

A site plan or plans (including an "eight and one-half-inch X eleven-inch" reproducible copy, or larger as necessary) drawn to scale and prepared in accordance with good engineering and drafting techniques.

a.

The plan shall show all existing topography and development, including that within a reasonable distance abutting the project, and all proposed development.

b.

There shall be a North arrow and adequate legend.

c.

The plan shall be drawn to commonly used engineer's scale.

5.

Assessor parcel map numbers (one copy only) showing the project site and all parcels within one mile (five hundred (500) feet within non-agricultural areas).

6.

Amount and type of energy (KW, MW, or BTU) and/or products to be produced for typical operations and on an annual basis.

7.

Geologic, engineering, and/or other acceptable evidence that provides reasonable assurance of the success and safety of the project.

8.

An influent-effluent table or diagram indicating quantities and characteristics of geothermal resource to be produced and injected, air emissions, liquid and solid discharges, etc., for typical operations and on an annual basis (geothermal energy projects only).

9.

A timetable for project development.

10.

A certification on all applications, reports, or other information requested by the county, which shall be signed by the owner or operator, or in the case of a corporation, a responsible corporate officer or his authorized agent. The persons signing the document shall attest and certify as follows:

"We, the legal owner (s) of the above property certify that the information shown or stated herein is true and correct."

B.

New Project General Standards. The following general standards shall apply to all projects):

1.

General Law. The permittee shall comply with all applicable local, state, and/or federal laws, rules, regulations, ordinances, and/or standards (LORS) as they may pertain to the project, whether specified herein or not

2.

Compliance with other Permits/Licenses.

a.

The permittee shall obtain and comply with any and all local, state and/or federal permits, licenses, and/or other approvals related to the construction and/or operation of the project. This shall include, but not be limited to, local requirements by the Imperial County EHS/Health Department, Planning and Development Services Department, Imperial County Air Pollution Control District (ICAPCD), Imperial Irrigation District (IID), Imperial County Public Works Department, imperial County Sheriff/Coroner's Office, Imperial County Fire Protection/Office of Emergency Services.

b.

Permittee shall submit a copy of such additional permit and/or licenses to the planning and development services department within thirty (30) days of receipt, including amendments or alternatives thereto, when requested.

3.

Recordation.

a.

The permit shall not be effective until it is recorded at the Imperial County Recorder's Office by county staff.

b.

Payment of the recordation fee shall be the responsibility of the permittee.

c.

If the permittee fails to provide the recordation fee within six months from the date of county approval, the permit shall be deemed null and void.

4.

Condition Priority. The project shall be constructed and operated as described in the application and project description of the permit.

5.

Indemnification and Release. In addition to any other indemnifications provided for the project, and as a condition of this permit, permittee shall defend, indemnify, hold harmless, and release the county, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the entitlements, any permits, approvals or adoption of the environmental document which accompanies it. This indemnification obligation shall include, but not be limited to, damages, costs, expenses, attorneys' fees for counsel chosen by county, or expert witness fees that may be asserted by any person or entity, including the permittee, arising out of or in connection with the approval of this permit, whether there is concurrent, passive or active negligence on the part of the county, its agents, officers, attorneys, or employees. This indemnification shall include permittee's actions or failure to act involved in drilling, grading, construction, operation or abandonment of the permitted activities. Permittee further agrees to comply with the terms of the indemnification agreement incorporated by this reference and attached to Ordinance No. 1521 as exhibit A. Failure to provide payment of any fees or other costs for this indemnification shall cause permittee to be in noncompliance with this permit. Upon notification of noncompliance, county may, at its sole discretion, cease processing, defending any lawsuit or paying for costs associated with this project.

6.

Insurance. For the term of the CUP and any period thereafter for decommissioning and reclamation, the permittee and/or permittee's prime contractor assigned site control during construction, shall secure and maintain liability in tori and property damage, commercial liability and all risk builders' insurance at a minimum of one million dollars ($1,000,000.00) each, combined single limit property damage and personal injury, to protect persons or property from injury or damage caused in any way by construction and/or operation of permitted facilities. Such insurance shall be primary as to county and endorsed to name the county, its officers, agents, and employees as additional insureds and shall be in a form and from a company acceptable to county. The permittee shall require that proper workers' compensation insurance cover all laborers working on such facilities as required by the state of California. The permittee and/or permittee's prime contractor assigned site control during construction, shall also secure liability insurance and such other insurance as may be required by the state and/or federal law. Evidence of such insurance shall be provided

ee shall require that proper workers' compensation insurance cover all laborers working on such facilities as required by the state of California. The permittee and/or permittee's prime contractor assigned site control during construction, shall also secure liability insurance and such other insurance as may be required by the state and/or federal law. Evidence of such insurance shall be provided

to the county prior to commencement of any activities authorized by this permit, e.g. an endorsed certificate of insurance is to be provided to the Imperial County Planning and Development Services Department by the insurance carrier and said insurance and certificate shall be kept current for the life of the permitted project. Certificate(s) of insurance shall be sent directly to the Imperial County Planning and Development Services Department by the insurance carrier and shall be endorsed to name the department as a recipient of both renewal and cancellation notices.

7.

Inspection and Right of Entry. The county reserves the right to enter the premises to make appropriate inspection(s) for determining compliance with the condition(s) of the permit. The owner or operator shall allow an authorized county representative into the site upon the presentation of credentials to:

a.

Enter at reasonable times upon the owner's or operator's premises where a permitted facility or activity is located or conducted, or where records must be kept under the conditions of the permit;

b.

Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;

c.

Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and

d.

Sample or monitor, at reasonable times, for the purpose of assuring permit compliance or, as otherwise authorized by law, any substances or parameters at any location.

8.

Severability. Should any condition(s) of the permit be held to be illegal or unenforceable by a court of final jurisdiction, the remainder of the permit shall continue in full force and effect.

9.

Provision to Run with the Land/Project.

a.

The provisions of the approved project are to run with the land that is the subject of the project and shall bind the current and future owner(s), successor(s)-in-interest, assignee(s) and/or transferee(s) of said project.

b.

Permittee shall not, without prior notification to the planning and development services department, assign, sell or transfer, or grant control of project, or any right or privilege therein.

c.

Permittee must notify department in advance of any transfer due to foreclosure or other action taken by a third party that could result in transfer of ownership. The permittee shall provide a minimum of thirty (30) days' written notice prior to such proposed transfer becoming effective.

d.

The permitted use identified herein is limited for use upon the permitted properties described herein and may not be transferred to any other parcel(s) without prior approval.

10.

Time Limit.

a.

Unless otherwise specified within the specific conditions, the duration of the permit shall be limited to a maximum of thirty (30) years, or [such lesser period as approved by the county], from the recordation of the permit.

b.

The permit may be extended for an additional ten-year period by the appropriate county entity (either the director of planning and development services, the planning commission, or the board of supervisors as set forth in the applicable Imperial County Ordinances) upon a finding that the project is in compliance with all conditions of the permit as staled herein and any applicable land use regulation of the county of Imperial.

i.

If an extension is necessary, the permittee shall file a written extension request with the director of planning and development services at least sixty (60) days prior to the expiration date of the permit. Such an extension request shall include the appropriate extension fee.

ii.

Nothing stated or implied within this permit shall constitute a guarantee that an extension will be granted. An extension may not be granted if the project is in violation of any one or all of the conditions of approval or if there is a history of noncompliance with the permit conditions.

11.

Compliance Determination Costs.

a.

The permittee shall be responsible for the payment of all costs as determined by the county planning and development services department, to defray the costs associated with staff time required for the review of reports, field investigations, monitoring, and other activities directly related to the enforcement/monitoring for compliance of the permit, county ordinance or any other applicable law.

b.

All county departments directly involved in the monitoring/enforcement of a project may bill permittee under this provision; however, said billing shall only be through and with the approval of the planning and development services department.

c.

All county staff time will be billed on a "time and materials" basis.

d.

Failure of permittee to provide any payment required of permittee to the county in the CUP shall cause permittee to be in non-compliance of the CUP. Upon permittee being in such noncompliance, county may, at its sole discretion, cease processing, defending any lawsuit or paying for costs associated with this project.

12.

Reports/Information.

a.

If requested by the Imperial County planning director, permittee at its sole expense shall provide any such documentation/report as necessary to ascertain compliance with the conditional use permit.

b.

The format, content and supporting documentation shall be as required by the director of planning and development services.

13.

Definitions. In the event of a dispute the meaning(s) or the intent of any word(s), phrase(s) and/or conditions or sections herein shall be determined by the planning commission of the county of Imperial. Their determination shall be final unless an appeal is made to the board of supervisors within the required time limits.

14.

Minor Amendments.

a.

The director of planning and development services may approve minor changes or modification(s) to the design, construction, and/or operation of the project provided said changes are necessary for the project to meet other laws, regulations, codes, or conditions of the permit, and provided further, that such changes do not constitute an expansion and/or intensification of the project resulting in any additional environmental impacts.

b.

All amendments shall be done in the manner set forth in the Imperial County Code of Ordinances.

15.

Specificity.

a.

The issuance of the permit does not authorize the permittee to construct or operate the project in violation of any state, federal, local law, nor beyond the specified boundaries of the project as shown in the application, nor shall the permittee allow any accessory or ancillary use not specified herein.

b.

The permit does not provide any prescriptive right or use to the permittee for future addition and or modifications to the project.

16.

Noncompliance (Enforcement and Termination). Should the permittee violate any condition herein, the county shall give written notice of such violation and actions required of permittee to correct such violation. If permittee does not act to correct the identified violation within forty-five (45) days after written notice, county may revoke the CUP. If permittee pursues correction of such violation with reasonable diligence, the county may extend the cure period. Upon such revocation, county may, at its sole discretion, cease processing, defending any lawsuit or paying for costs associated with the project. County may include in such notice of violation and subsequent process default and/or termination of the public benefit agreement along with violation or revocation of the CUP, and the procedures set out here shall govern. As set out in subsection 19 below, the time for notice and cure is not applicable to situations that affect public health and safety. In such case, the county may act immediately to suspend the permit.

17.

General Welfare. All construction and operations of the project shall be conducted in accordance with all applicable laws, regulations, conditions, adopted county policies, plans, and the application, so that the project will be in harmony with the area and not adversely affect the general public health, safety, comfort, convenience, and general welfare of those residing in the area.

18.

Permits of Other Agencies Incorporated.

a.

Permits granted by other governmental agencies in connection with the project are incorporated herein by reference.

b.

The county reserves the right to apply conditions of said permits, as deemed appropriate; provided, however, that enforcement of a permit granted by another governmental agency requires concurrence by the

respective agency.

c.

Permittee shall provide to the county, upon request, copies and amendments of all such permits.

19.

Health Hazard.

a.

If the county health officer determines that a significant health hazard exists to the public, the health officer may require appropriate mitigation measures, and the permittee shall implement such measures to mitigate the health hazard.

b.

If the hazard to the public is determined to be imminent, such measures may be imposed immediately and may include temporary suspension of permitted activities.

c.

The measures imposed by the county health officer shall not prohibit the permittee from requesting a special planning commission meeting where a dispute exists. The permittee shall bear all costs related to the special meeting.

20.

Approvals and Conditions Subsequent to Granting Permit.

a.

Permittee acceptance of a permit shall be deemed to constitute agreement with the terms and conditions contained therein.

b.

Where a monitoring program requirement is imposed in a permit that subsequently results in the need for the modification and/or imposition of additional conditions in which disagreement arises, the permittee, operator, and/or agent, the planning and development services director, or other affected party may request that a hearing be scheduled before the planning commission for a resolution to the disagreement.

i.

Upon receipt of a request, the commission shall conduct a hearing and make a written determination.

ii.

The commission's decision shall be final.

iii.

The commission may request support and advice from a technical advisory committee to assist with their deliberations.

iv.

Failure to take any action shall constitute endorsement of staff's determination.

(Ord. No. 1521, §§ 7, 8, 10-24-17)

91701.05 - Relation to other regulations.

Except as specifically authorized in the permit, supplemental activities that require additional major equipment or facilities will require separate permits. The county, in issuing a permit, in no way assures, or otherwise vests any right, with respect to the issuance of a permit or permits for supplemental activities.

A.

If a project requires more than one discretionary permit from Imperial County, such permits shall be processed concurrently,

B.

A project application shall be classified under and processed pursuant to those regulations which are most appropriate to the nature of the project and the existing conditions at the project's location. Where uncertainty arises, the director of planning and development services shall determine the regulation under which the project application shall be processed.

C.

In applying conditions to a permit, the approving authority may be guided by the regulations and standards applicable to conditional use permits for other types of related projects.

1.

For discretionary projects, applications may be denied if the approving authority finds that the proposal will not be compatible with the area for which it is proposed.

2.

Ministerial projects shall also be consistent with the renewable energy overlay designation and standards for the proposed site.

(Ord. No. 1521, §§ 7, 8, 10-24-17)

Notwithstanding the minimum acreage limitations of the underlying zone, parcel maps may be approved in conjunction with permits for renewable energy projects in the renewable energy overlay zone with requirements and restrictions applied thereto which are consistent with the purposes of these regulations and the renewable energy overlay zone.

(Ord. No. 1521, §§ 7, 8, 10-24-17)

Chapter 2 - SPECIFIC STANDARDS

The following are specific standards applicable to geothermal projects.

A.

All geothermal drilling sites including test facilities and ponds shall be as small as possible and in no case larger than five acres on farmable land. Exceptions may be considered on a well-by-well basis.

B.

All geothermal drilling and production sites shall try to protect the fragile ecological balance of the wetlands and surrounding desert by assuring that natural resources will be considered in their location. Consideration shall be given to intermittent noise levels which may affect wildlife.

C.

Every site shall be designed to retain the maximum amount of usable agricultural land and the site shall not interfere with the irrigation and drainage pattern, and shall comply with requirements and regulations of Imperial irrigation district. Drill sites shall be constructed adjacent to existing roads in so far as possible. Well density shall be justified and in accordance with good reservoir engineering practices.

D.

Unless specifically waived by the approving authority, where legally permissible, the following minimum distances shall be observed in siting a well:

E.

Developer shall mitigate any problems whenever they arise.

F.

Production facilities shall, where possible, be located in centralized areas to serve the maximum number of wells. These shall include, but are not limited to, power plants, extraction plants, and separators.

G.

All electric transmission lines shall be constructed in existing rights-of-way whenever possible. When planning transmission lines adjacent to public roads, discussions with the responsible road agency shall be held in order to minimize impacts on existing and future road needs. Power lines outside of the project site are under the jurisdiction of the Imperial irrigation district.

H.

All permanent sumps, brine ponds, waste holding ponds, and any other pond, shall be designed and constructed to meet sound engineering standards and the regulations and requirements of the Regional Water Quality Control Board. Such sumps and ponds shall be designed and constructed under the supervision of a civil engineer registered in California.

(Prior code § 91702.00)

The following are general drilling standards applicable to geothermal projects.

A.

All geothermal well sites shall have a durable sign having a surface of not less than two square feet and not more than six square feet bearing the current name and number of the well; emergency telephone number of agent; name and/or insignia of the operator and the owner. This sign shall be displayed at all times from the commencement of drilling operations until the well has been abandoned.

B.

Each operator shall limit drilling noise to a sound level equivalent to CNEL sixty (60) dB(A). The level shown may be exceeded by ten percent (10%) if the noise is intermittent and during daylight hours. The noise levels shall be measured at the nearest human receptor site outside the parcel boundary.

C.

South pressure levels shall be measured at the points specified and shall be measured with a sound level meter and associated octave band analyzer conforming to the above standard.

D.

Diesel equipment used for drilling within three hundred (300) feet of any residence shall have hospital-type mufflers. Well venting and testing at these wells shall be accompanied by the use of an effective muffling device or silencer.

E.

Within sixty (60) days after the completion of the drilling of a well, all drilling wastes must be removed from the drilling site and disposed of in accordance with county and state regulations.

F.

Suitable and adequate sanitary facilities as approved by the Imperial County health department shall be installed and maintained in a clean and sanitary condition at all times.

G.

Drilling operations shall be diligently pursued until each well is completed or abandoned. All drilling equipment, including derrick, shall be removed from the premises as soon as practicable after completion of any well.

H.

Prior to abandonment, it shall be the responsibility of the operator to comply with all regulations of the county and the State Division of Oil and Gas regarding surface and subsurface activities. In agricultural or potential agricultural areas, any brine holding ponds shall be purged of brine, the salts shall be removed from the dikes and bottom, and the berms leveled to the satisfaction of the landowners and the planning director.

I.

All work in preparation of the site for drilling shall be done between the hours of seven a.m. and seven p.m. for any wells within three hundred (300) feet of any residence. Exceptions may be made during summer hours to minimize effects of heat with notice to the planning director and approval thereof.

J.

All unattended well sites shall be enclosed by a steel chain link type fence, six feet height. There shall be no opening below such fence greater than four inches. The gate shall be placed on a nonhazardous location and shall be locked at all times.

K.

Off-street parking shall be provided with not less than five spaces for each well site.

L.

Lights should be directed or shielded to confine direct rays to the project site and muted to the maximum extent consistent with safety and operational necessity.

M.

Drill pipes shall be racked and/or make up between the hours of seven a.m. to seven p.m. for wells within three hundred (300) feet of a residence. Exception to this is allowed where sound proofing is provided, or during summer hours to minimize the effects of heat with notice to the planning director and approval thereof.

N.

Fugitive dust emission shall be controlled by dust control measures (e.g., watering) clean gravel, application of soil stabilizers or oil on well site access roads, limiting public access on unpaved areas, and posting roadways with reduced speeds.

O.

Impulse noises such as sudden steam venting shall be controlled by discharge through a muffler or other sound attenuating system, as appropriate.

P.

All necessary permits shall be obtained prior to drilling.

Q.

All well drilling, testing, and operations shall be conducted so as to be in harmony with the area and not in conflict with the public health, safety, comfort, convenience and general welfare of county residents.

R.

No operator shall operate equipment that affects transmission of radio or television signals.

S.

Drilling may be on a twenty-four (24) hour basis provided the standards above are met.

(Prior code § 91702.01)

91702.02 - Production standards.

The following are general production standards applicable to geothermal projects.

A.

All grading, permanent foundations, buildings, structures, and other construction work will require a building permit. The fees and procedures will be based on the Uniform Building Code and ordinances adopted by the board of supervisors of Imperial County.

B.

Continuous and intermittent sound shall be controlled to the levels listed above under the drilling standards.

C.

All on-site roads and parking areas for major and test projects shall be adequately surfaced. On-site parking shall be provided for all employees, customer, or clients.

D.

Shrubs, trees and ground cover shall be planted and maintained to compliment the appearance of the project where soil conditions permit as appropriate, and as approved by the planning director.

E.

All major project off-site collection and injection pipelines shall, if possible, share existing dedicated rights-ofway. All pipelines shall be painted and/or landscaped to blend with the environment. Pipelines may be

allowed above grade for maintenance, leak detection, and wildlife movement. For permanent pipelines to be installed adjacent to public roads, project developers shall consult with department of public works and Imperial irrigation district regarding the proper location of the pipeline in consideration of existing and future road needs.

F.

In operations where it is necessary to transport geothermal brines, fluids, etc. across public waters, operators shall employ double-walled pipes and methods for determining when damage has been done to the inner layer of pipe so that corrective measures can be taken, or apply other safety techniques as approved by the planning director and after review by the Imperial irrigation district.

G.

All facilities and structures shall be in compliance with guidelines set forth in Federal Air Regulations Part 77 and be marked and lighted in accordance with Federal Aviation Administration standards.

(Prior code § 91702.02)

Division 18 - ABATEMENT OF WEEDS AND OTHER VEGETATION Chapter 1 - APPLICABILITY

91801.00 - Weeds and other vegetation defined.

Weeds and other vegetation as used in this division, refer to weeds and other vegetation growing upon private or public property in the unincorporated areas of the county of Imperial and includes any of the following:

A.

"Weeds" as defined by Webster's Dictionary;

B.

"Vegetation" as defined by Webster's Dictionary;

C.

Sagebrush, chaparral or any other brush or weeds which attain such a large growth as to become, when dry, a fire menace to adjacent improved property;

D.

The Health and Safety Codes defines "weeds" as poison oak and poison ivy; and those that bear seeds of a downy or winged nature; those which become a fire menace when dry; and those which are otherwise noxious or dangerous.

(Prior code 91801.00)

91801.01 - Unlawful for owner or occupant of land to allow weeds and other vegetation to accumulate on premises.

It is unlawful for the owner or occupant of any land, lot, yard, or tract of land in an unincorporated area of the county of Imperial to cause or to allow such premises to become overgrown and infested with weeds and other vegetation.

(Prior code 91801.01)

Any person who is affected by the notice set forth in Section 91802.03 et seq. may appeal to the board of supervisors within the time for compliance with the order. The appeal shall be writing and filed with the planning director (or his or her designee). Timely appeal shall stay further action until the hearing date. Along with the written appeal, a non-refundable filing fee of one hundred twenty-five dollars ($125.00) shall be submitted to the director.

The director shall set the matter for hearing before the board of supervisors and shall notify the applicant of the date set for such hearing at least fifteen (15) days prior to such date.

(Prior code 91801.02)

91801.03 - Appeal hearing.

At the date and time set for hearing, the board of supervisors shall receive any evidence or information it deems appropriate and shall render its decision based upon such evidence or information.

The determination of the board of supervisors shall be conclusive.

(Prior code 91801.03)

91801.04 - Expense of abatement.

The expense of abatement of a nuisance as defined herein shall be determined, and notice shall be given, pursuant to Chapter 4 of Part 5 of Division 12 (commencing with Section 14905 et seq.) of the Health and Safety Code.

(Prior code 91801.04)

91801.05 - Collection of expenses.

The amounts of the cost for abating a nuisance shall constitute a special assessment against the respective parcels of land and are a lien on the property for the amount of the respective assessment. Expenses shall be collected through the levy of assessments as specified in Article 3, Chapter 4, of Part 5 of Division 12 (commencing with Section 14915 et seq.) of the Health and Safety Code.

(Prior code 91801.05)