Imperial County Municipal Code § 90501.15 Yard encroachments

In order to protect the public health, safety and welfare, to provide for orderly development, classify, regulate and where applicable segregate land uses and building uses; to regulate the height and size of buildings; to regulate the area of yards and other open spaces around buildings; to regulate the density of population, and to provide the economic and social advantages resulting from orderly planned land uses and resources. The following classes of use zones and their sub-zones are established as shown in Section 90501.02.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Every lot or parcel of land or portion thereof within the unincorporated areas of the county of Imperial shall be classified in only one of the base zoning areas established in this section.

EXCEPTION:

Parcels greater than forty (40) acres in net area may be divided by zoning district boundaries (A-2/A-3 Traffic corridor). Parcels less than forty (40) acres net and currently divided by a zoning boundary shall have the larger of the current designation apply to the entire parcel. Where a zoning map shows two zones on the same parcel the parcel shall have the larger of the two zones applicable to the entire parcel regardless of the map depiction. Unless identified by a community/urban or specific plan area.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

In order to classify, regulate, restrict, manage and segregate the use of lands and buildings; to regulate, manage and restrict the height, bulk and construction of buildings; to regulate the area of yards and other open spaces around buildings; and to regulate intensity of land use and uses and the density of population, the following base zoning areas are established:

1. Residential areas:

R-1 low density residential area (maximum density of one unit/lot).

R-2 medium density residential area (one to two units/lot).

R-3 medium-high density residential area (density of more than two attached units/lot).

R-4 manufactured home (mobile home park) areas/subdivision.

2. Agricultural areas:

A-1 limited/light agricultural area (rural residential-allowed within urban areas only).

A-2 general agricultural area.

A-3 heavy agricultural area.

A-A conditional agricultural area.

AM-1 agricultural related light industrial.

AM-2 agricultural related medium industrial.

3. Commercial areas:

C-1 light commercial area (neighborhood commercial).

C-2 Medium commercial area (general commercial).

C-3 heavy commercial area.

4. Industrial areas:

M-1 light industrial area.

M-2 medium industrial area.

M-3 heavy industrial area.

5. Open space areas:

S-1 open space/recreational.

S-2 open space/preservation.

6. Government/special public areas:

G.S. government/special public.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

In order to further refine, classify, regulate, restrict and segregate the use of land and buildings; to regulate and restrict the high bulk and construction of building; regulate the area of yards and other open space around buildings and to regulate intensity of land uses and the density of population the following overlay zoning area boundaries are established. New overlay district zones established will be subject to zone change approval for establishment.

In addition to being classified in a base zoning area, a lot or parcel of land or a portion of land thereof maybe classified into one or more combination of overlay district established by this section.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The boundaries of the zoning area established by this title are not included within this chapter but are shown on official zoning maps maintained by and at the Imperial County Planning and Development Services Department. A small-scale version is in Division 25. The official zoning maps (on eleven (11) inches &times seventeen (17) inches, or eighteen (18) inches × twenty-four (24) inch, or twenty-four (24) inches × thirty-six (36) inches format) and all notation, references, and other information shown there on shall be as much a part of this title as if the matter and information said forth on such maps were fully described and contained herein. The original zoning maps and amendments thereto are contained in Section 92501.00 et seq. For public purposes, and due to increased computer capabilities only a copy signed by the director, and "sealed" with the planning department's embossed stamp, shall be deemed the official zone map. Any copy of said maps without seal shall not be considered official or up to date.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Where uncertainty exists as to the boundaries of any zone shown on said map, the following rules shall apply:

A. Where such boundaries are indicated as "approximately" following street and alley lines or lot lines, such lines shall be construed to be such boundaries;

B. In case any uncertainty exists, the planning commission shall determine the location of boundaries;

C. Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley;

D. Where any private right-of-way or easement of any railroad; railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following regulations shall apply in the respective zones unless otherwise provided in this division:

A. Uses Permitted. Except as hereinafter provided:

1. No building, structure or manufactured home shall be erected or installed and no existing building or manufactured home shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this division, or amendments thereto, as permitted in the respective zone in which such land, building or premises is located.

2. No use, existing upon the effective date of this division, of any building, manufactured home, structure or land, shall be enlarged or altered as to the extent, area or manner provided for the zone in which the building, structure or land is located.

3. While a nonconforming use exists on any lot no other new use shall be permitted, even though such other use would otherwise be a conforming use, unless and until the nonconforming use is removed and/or the property owner agrees in a written agreement with county to abate within a specified period of time as determined by the planning director. This decision can be appealed to the board of supervisors.

B. Building Height. Where a building height is given, this shall be the maximum building height except as hereinafter provided:

No building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this division or amendments hereto, for the zone in which such building is located.

C. Yards. Where a yard distance is given this shall be a minimum distance, except as hereinafter provided:

1. No building or mobile home shall be erected or installed nor shall any existing building or mobile home be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the yard regulations established by this division, or amendments thereto, for the zone in which such building is located.

2. No yard or other open space provided about any building for the purpose of complying with the regulations of this division, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.

3. Where lots comprising forty percent (40%) or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than thirty-five (35) feet from the front yard property line or buildings facing a side street on a corner lot shall not be counted.

4. The front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from said official plan line or future street line.

D. Area Requirements. Where the lot area per dwelling is given this shall be the minimum lot area per dwelling unit, provided, however, that when a lot has less area than herein required and was recorded at the time of the passage of this title, said lot may be occupied by one dwelling unit.

E. Lot Width. Where a lot width is given this shall be a minimum distance.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

A. Architectural Standards. In order that buildings, structures, signs, grounds and landscaping will be in harmony with other structures and improvements in the area and with the general plan for the harmonious appearance of the area, and not of obnoxious, undesirable or unsightly appearance, the following items shall be considered in approving plans of proposed improvements in any architectural design zone.

1. The height, bulk and area of building.

2. The setback distance from the property line.

3. The color and material of the exterior of the structures.

4. The type and pitch of roof

5. The size and spacing of windows, doors and other openings.

6. The size, type and location of signs.

7. Towers, chimneys, roof structures, flag poles, radio and television antennae.

8. Plot plan, landscaping and automobile parking areas.

9. The relationship of the existing buildings and structures in the general vicinity.

10. Lighting of the building, signs and grounds.

11. Size and shape of parcel.

B. Compliance. No building or structure shall be erected, and no existing building or structure shall be moved, altered, painted, added to, or enlarged in the "D" architectural design zone without conforming to the provisions of this section.

C. Procedure.

1. Plans of the exterior architectural design and appearance of all buildings and structures.

2. Plot plans.

3. Advertising sign plans and parking area plans as well as building set-back plans shall be submitted to the planning and development services department for review and approval by the planning director or the planning commission, or its designated representatives.

a. In order that the proposed buildings, structures, signs and landscaping will be in harmony with other structures and improvements in the area and with the general plan for the harmonious appearance of the area and not of obnoxious, undesirable or unsightly appearance.

b. In the event that it is determined that such proposed buildings or structures are not harmonious or are unsightly in appearance, the planning director or planning commission or its designated representative shall confer with the applicant in an endeavor to have the plans changed, so that the buildings or structures shall be harmonious and attractive in appearance. In the case where the applicant is not satisfied with the actions of the planning director, his/her decision may be appealed to the planning commission. In the event that the applicant is not satisfied with the determination of the planning commission, the applicant may appeal the decision to the board of supervisors. Said board of supervisors shall hold a public hearing on said appeal and shall render its decision.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Land classified in the "U" zone shall also be classified in another zone. The "U" zone is therefore intended to be an overlay zone to designate areas that are within an urban area of an incorporated city or an urban area as designated on the county's general plan. With regard to urban areas around incorporated cities, it is the intent of the county of Imperial to adhere to the standards, rules, regulations and ordinances of said urban jurisdiction. To that end, the board of supervisors directs staff to work with their respective counterparts in the urban area and to use to the extent feasible and possible the urban area regulations in implementing any proposed land use action.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Land classified in the "PE" (pre-existing allowed/restricted) zone shall also be classified in another zone. The intent of the "PE" designation following the base use designation is to allow an existing base zoned use to continue with its current use, even though through the strict interpretation of the general plan and zoning ordinances, such use is a pre-existing, nonconforming use. The intent is to allow the owner/operator of such an identified use to continue to operate such use, maintain and modify the structural facilities as required under the Health and Safety Code to enlarge the facilities by no more than thirty percent (30%) of its current assessed value, and to replace such a facility should it be destroyed by fire, flood or act of God.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following regulations shall apply in the "H" airport use zone unless otherwise provided in this division. Land shall be classified in this zone only upon application of the owners of such land. Property once placed in the "H" airport use zone shall not be reclassified to another zone until one year has elapsed from the date of a duly advertised public hearing pertaining to such proposed zoning.

A. Uses Permitted. Airports and aircraft landing fields and all necessary accessory buildings, structures, and uses including aircraft runways, taxi strips, control towers, radio masts, storage and tie down areas, hangars and open spaces; and reasonably necessary facilities for air passengers, air freight, air mail and air express; and reasonably necessary facilities for demonstrating, testing and servicing of aircraft, and the feeding and housing of passengers and employees and the parking of their automobiles and all public utility facilities necessary for these uses.

B. Covenants. There shall be recorded in the office of the county recorder of imperial county, a covenant by the owners of the property for the benefit of the county of Imperial to the effect that the property will be used only for the uses permitted in the "H" airport use zone for a period of not less than ten (10) years from the date the property is placed in such "H" airport use zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The mixed-use overlay zone is established to encourage a mixture of compatible and synergistic land uses such as residential with compatible non-residential uses including office, retail, personal services, public spaces and other community amenities.

A. Zones Established. The mixed-use overlay zone may be established within base zones C1 and C2 to provide development opportunities for integrated complementary residential and commercial development on the same parcel or a contiguous group of parcels. Singular, stand-alone uses are permitted when they foster an overall mixture of uses in the zone. A wide range of uses is permitted, and it is the intent of the overlay zone to foster a mixture of product types. Development solely as commercial or residential districts is strongly discouraged. Design and development standards for the mixed-use overlay zone is directed toward encouraging pedestrian activity and ensuring that mixed commercial and residential uses are designed to be compatible both within the development and with other surrounding areas.

B. Site plan review and required findings. New development in the mixed-use overlay zone is subject to a site plan review permit in accordance with this ordinance [title]. Prior to submittal of a site plan review permit application, a pre-application conference with the planning division staff is encouraged.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following regulations shall apply to the location or development of any accessory building/structure, unless otherwise provided in this division:

A. No detached accessory buildings in the R-1, R-2, R-3 or R-4 zones may exceed three stories, or thirty-five (35) feet in height.

B. No detached accessory buildings in the R-1, R-2, R-3 or R-4 zones shall be located in front of or in the front yard of the primary use unless otherwise allowed herein.

C. On a corner lot no detached accessory buildings in the R-1, R-2, R-3 or R-4 zones shall be located at a distance less than fifteen (15) feet from the side street line.

D. No accessory buildings in the R-1, R-2, R-3 or R-4 zones, if more than one story in height shall be located nearer than five feet to any interior property line.

E. No accessory buildings on the rear twenty-five (25) feet of a reversed corner lot in the R-1, R-2, R-3 or R-4 zones shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear.

F. A private garage of not to exceed one thousand (1,000) square feet may be a part of the main building if the garage and the main building have a common wall of not less than five feet in length, or if not-more than six feet from the main building and connected thereto by a roof of not less than five feet in width. Such attached garage may extend into the required rear yard for a setback distance of not more than twenty (20) feet.

1. EXCEPTION: If an attached private garage is located outside of an Urban Area, as identified by the land use designation or a zoning overlay, the building/structure's area may exceed the above requirement (as indicated on the table below), which may require the approval of an Administrative Permit, processed according to Section(s) 90404.04—90404.10, if:

a. The parcel/lot's zoning is A-2, A-3, S-1, and S-2.

b. The building/structure is not located in the front yard or front yard setback.

c. The building/structure meets the setbacks established for the primary use.

d. The square footage of the building/structure does not exceed a 2:1 (garage to house) ratio to the square footage of the house for structures four thousand (4,000) square feet or greater.

e. The building/structure meets any and all wastewater and water well requirements regarding separation and sanitation.

G. One detached access building for use as a private garage or similar private use may be permitted to occupy the front yard, outside of the front and side yard setbacks, of an interior lot in the R-1, R-2, R-3 and R-4 zones, when the slope of the front half of such lot is greater than two-foot rise or fall in the horizontal distance of four feet from the established street elevation at the front property line, provided that no such building shall exceed fifteen (15) feet in height.

H. Swimming pools refer to Section 90501.16.

I. Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:

(1) Are one story and not larger than six hundred (600) square feet in area when located in special flood hazard areas.

(2) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

(3) Have flood openings in accordance with the building code.

(4) Have flood damage-resistant materials used below the base flood elevation.

(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.

J. Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), bams, carports, fences more than six feet (one thousand eight hundred twenty-nine (1,829) mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:

(1) New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood.

(2) New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24.

(3) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access.

(4) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE 24.

(5) Flood damage-resistant materials shall be used below the design flood elevation.

(6) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24.

K. Temporary structures shall be erected for a period of less than one hundred eighty (180) days and temporary storage of goods and materials shall be permitted for a period of less than one hundred eighty (180) days. Extensions may be granted in accordance with Section 91604.02(G) and (H) of Title 9 Land Use Ordinance Division 16. In addition, the following apply:

(1) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.

(2) Temporary stored materials shall not include hazardous materials.

(3) The requirements of Section 91605.06 A. of Title 9 Land Use Ordinance Division 16, when located in floodways.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1576, §§ 1, 2, 2-28-22)

Notwithstanding any other provisions of this division, where a lot in the R-1 zone has an area of nine thousand (9,000) square feet or more and with adequate provisions for ingress and egress, a building permit may be granted for the construction of an accessory dwelling unit and allowable accessory building, however the maximum site area coverage shall not be exceeded. Notwithstanding any other provisions of this division, where a lot in the R-2 zone has an area of six thousand (6,000) square feet or more and with adequate provisions for ingress and egress, a building permit may be granted for the construction of an accessory dwelling unit and allowable accessory building, however, the minimum site area shall be four thousand five hundred (4,500) square feet of lot area per each family dwelling unit.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lot next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Where yards are required in this title, they shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as permitted by the following:

A. Cornices, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required front or side yard not to exceed two feet.

B. Open, unclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front or side yard setback not more than six feet, provided, however, than an open work railing of not more than thirty (30) inches in height may be installed or constructed on any such porch, platform or landing place.

C. Cornices, garages, eaves, gazebos, patios, and other canopied structures may occupy not more than fifty percent (50%) of a rear yard.

D. Detached accessory buildings may occupy side and rear yards except as otherwise provided in this division.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

A. Swimming pools may occupy rear or side yards if enough space for the proposed design and setbacks is possible to maintain, but not allowed in the front yard.

B. The distance between the swimming pool and the rear yard property line shall be five feet and four feet to the side yard.

C. The distance between the swimming pool and a load bearing structure shall be at least equal to the depth of the pool or special engineering for the case is required according to one story or multi story building and swimming pool dimensions and depth. However, a minimum of four feet separation between the building wall and the pool wall is required in order to provide for safe walking surface.

D. A minimum of five feet separation between the building wall and the pool wall is required in order to avoid major demolition or modification to existing structures containing electrical systems or metal parts that would require compliance with equipotential bonding as required in California Electrical Code Art. 280.026.A, B, C.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1576, §§ 3, 4, 2-8-22; Ord. No. 1587, §§ 1, 2, 12-5-23)

The storage and assembly of commercial and agricultural fireworks, black powder and explosives excluding military munitions and industrial explosives, in the A-2, A-2-R and A-3 zones, with an approved conditional use permit, for non-retail purposes. Proposal must meet the following criteria:

A. Parcel must be at least five acres or more in size.

B. Project site must be located no less than one mile from any school, hospital or other similar institution and any area zoned or planned for residential uses.

C. All structures, facilities or equipment must be no less than two hundred (200) feet from any public road or structure used for human habitation.

D. The entire perimeter of the site shall be secured and maintained with a fence no less than six feet in height or other approved barrier(s).

E. Project shall comply with all applicable county, state and/or federal statues or laws regulating such uses including the applicable California Fire Code and National Fire Protection Association standards.

F. Project applicant must possess a valid State and/or Federal pyrotechnics license(s).

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Specific plans, such as gateway and mesquite lake, may have zoning designations and development standards built into their specific plan document. These zoning designation development standards, and mitigation measures are explained in detail within the specific plan documents which are attached herein as "exhibits" at the end of this "title". In the event that zoning and development standards are not specifically identified within a given specific plan, then this "title" shall apply.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

1. Electric vehicle (EV) charging space calculation:

a) Single-Family Dwelling/Duplex: For each new dwelling unit, a dedicated 208/240-volt branch circuit shall be installed in the raceway required by California Green Building Standards Code, Section 4.106.4.1 to allow for future installation of electric vehicle supply equipment (EVSE) to provide electric vehicle charge station (EVCS) readiness. The branch circuit and associated overcurrent protective device shall be rated at forty (40) amperes minimum. Other electrical components, including receptacles or blank cover, related to requirement shall be installed in accordance with the California Electrical Code.

b) Multifamily (MF) Dwellings, Three to Sixteen (16) Units: Three percent of the total number of provided parking spaces shall be EVCS capable of future installation of EVSE as required by California Green Building Standards Code, Section 4.106.4.2 to provide EVCS readiness. Calculations for the number of EV charging spaces shall be rounded up to the nearest whole number, and at no case shall the number of dedicated parking space(s) be less than one.

c) MF dwellings, Seventeen (17) or More Units: Three percent of the total number of provided parking spaces provided shall be EVCS capable of future installation of EVSE as required by California Green Building Standards Code, Section 4.106.4.2 to provide EVCS-readiness. In addition, at a minimum, fifty percent (50%) of the EVCS ready parking spaces shall have the necessary EVSE installed to provide an active EVCS for daily use; if one hundred percent (100%) of the EVCS provided by the development are active for daily use, the number of required regular parking spaces may be reduced by ten percent (10%). Calculations for the number of EVCS spaces shall be rounded up to the nearest whole number, and at no case shall the number of active EVCS space(s) for daily use be less than one.

d) Where determined by the Imperial County Planning and Development Services Director, any nonresidential uses shall provide service capacity necessary and EVSE for three percent of the total provided parking spaces but at no case less than the requirements shown on Table in Subsection 90501.19(f). In addition, at a minimum, fifty percent (50%) of the EVCS ready parking spaces shall have the necessary EVSE installed to provide an active EVCS for daily use; if one hundred percent (100%) of the provided EVCS are active for daily use, the number of regular parking may be reduced by ten percent (10%). Calculations for the number of EVCS spaces shall be rounded up to the nearest whole number, and at no case shall the number of active EVCS for daily use space(s) be less than one.

e) Table 90501.19(e):

f) Residential Exception for Unfeasible Conditions: The planning and development services director may determine if any of the above requirements in Subsection a., b., c., and d. are not feasible based upon one or more of the following conditions:

i. Where there is no commercial power supply;

ii. Where there is insufficient electrical supply that the utility is unable to provide;

iii. Where there is evidence substantiating that meeting the requirements will alter the local utility infrastructure design requirements on the utility side of the meter so as to increase the utility side cost to the homeowner or developer by more than four hundred dollars ($400.00) per dwelling unit.

2. Any EV charging spaces provided in accordance with the land use ordinance shall count towards meeting the minimum parking spaces required by Division 4, Chapter 2 (Parking).

3. All EV charging spaces shall be provided in accordance to the California Green Standards and Electrical Codes.

4. Future EV charging spaces shall qualify as low-emitting, fuel-efficient vehicle(s) and carpool vehicle(s) designated parking requirements, pursuant to Section 5.106.5.2 of the California Green Building Standards Code.

5. The EV charging spaces shall be developed in accordance with Section 90402.13(M) but in no case in violation of any state or federal laws.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Every person who causes or permits to be accumulated on private property any trash, rubbish, garbage, swill, cans, bottles, paper, ashes, refuse, which may support any verminous vectors of public health is guilty of a misdemeanor and/or infraction.

(Ord. No. 1565, §§ 3, 4, 12-15-20)