Imperial County Municipal Code § 90502.00 Purpose and application

The purpose of the low-density residential zone (R-1) is to designate areas that are and will be suitable for traditional smaller lot(s) with single-family homes and related compatible or accessory uses. Typically, the R-1 zones are to be characterized by single-family residential subdivisions. The maximum density for the R-1 Zone shall not exceed five dwelling units per (net) acre, except that an increase for density bonus consideration, and/or an increase under Division 3, Chapter 1, may be considered. No new R-1 development shall be allowed unless full infrastructure, which at a minimum shall include sewer, water treatment and streets meeting county standards are provided.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

a) Community related recreational facility owned publicly or by an association of area property owner(s).

b) Community vegetable gardens.

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

d) Elementary school (public, charter, private).

e) Guest house, provided it does not contain a kitchen and has no independent utility connections.

f) High school (public).

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

h) Junior high school (public).

i) Large Family Daycare Home as defined by CA Health and Safety Code Section 1597.46.

j) One Accessory dwelling unit and/or Junior accessory dwelling unit, subject to Division 4 Chapter 5 of Title 9 Land Use Ordinance and by the most recent State regulations.

k) One Mobile home; or one manufactured home; or one factory built home.

l) Pre-school (less than twenty (20) children).

m) Public fire station/Police station.

n) Public parks/playgrounds with swimming areas.

o) Residential accessory structure(s) (including cargo containers provided they meet architectural standards as defined herein Division 14).

p) Residential care facility serving six or less in accordance with Health and Safety Code Section 1568.0831.

q) R.V. only as a temporary use during construction of the single-family residence, and not to exceed one year total time and only with an active building permit, (reference 90405 et seq.).

r) Single-family dwelling [conventional/or manufactured].

s) Small Family Daycare as defined by CA Health and Safety Code Section 1597.44 and 1597.45.

t) Solar energy extraction generation (on-site consumption only).

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

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

a) Ambulance station.

b) Animals in excess of those allowed in Section 90502.13.

c) Church.

d) Club or Lodge.

e) Convalescent hospital.

f) Country Club.

g) Flood control facilities by a public entity.

h) Golf Course/Driving Range.

i) Hospital.

j) Library.

k) Mortuary, mausoleum, cemetery.

l) Museum.

m) Pre-school (greater than twenty (20) children).

n) Private non-profit service clubs or lodges (no alcoholic license).

o) Radio, T.V., or commercial communication, transmitter, receiver, or translators incidental to the primary structure.

p) Retirement Home.

q) Senior citizen complex.

r) Temporary real estate office/trailer connected with the sale of a given subdivision.

s) Tennis or swim club.

t) Utility substation or utility District conveyance control facility that routinely House employees.

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

All other uses not specifically permitted by Section 90502.01 or 90502.02 are hereby strictly prohibited in the R-1 zones.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Except as otherwise provided within this title, no lot/parcel or portion thereof within the R-1 zone shall contain less than six thousand (6,000) square feet net. Except as otherwise provided herein no lot/parcel shall have an access width of less than fifty-foot net, to a public street, except for "cul-de-sac" lots which will have at least thirty-three (33) feet of frontage as measured at right-of-way line. Lots created specifically for public purpose and continued public ownership may be less than six thousand (6,000) square feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Except as otherwise provided within this title, there shall be no more than one dwelling unit per legal parcel in the R-1 zone. In no case shall the density allowed exceed that specified in the general plan, and/or five units per acre, (net) and/or four thousand five hundred (4,500) square feet of land per unit.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following yard and setback requirements shall apply in the R-1 Zone:

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

1. Standard - Twenty-five (25) feet for existing lots unless the lot is less than ninety (90) feet in depth in which case the setback is twenty (20) feet. Furthermore, if a minimum of three covered or enclosed off-street parking spaces are provided behind the setback line a minimum of twenty (20) feet may be allowed.

2. Option 1 - Twenty (20) feet minimum (averaged) for new subdivisions provided the setback dimensions vary from an absolute minimum of ten (10) feet, provided further that any lot with a setback of twenty (20) feet or less shall provide a minimum of three covered or enclosed off-street parking spaces, behind the setback line.

3. Option 2 - Ten (10) feet minimum on any new or existing lot where a minimum of three off-street parking spaces are located entirely within the rear yard, with access to a street or public (paved) alley (twenty (20) feet in width) from the rear yard, or with access to the street by means of a single driveway not less than sixteen (16) feet in width.

NOTE: Designated or required on-site parking areas shall be accessible and usable at all times, shall be outside of the front and side yard setbacks and may not be eliminated or constructed upon in any way that would reduce the minimum number of spaces required. Once option 1 or 2 is allowed, no further variance from the parking requirement shall be granted.

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

1. There shall be a minimum five feet on each side of an R-1 structure to property line except as follows:

2. On corner lots, the side yard facing a street shall have a fifteen-foot setback.

3. On designated zero lot line R-1 structures, one side may be zero provided that the opposite side is ten (10) feet minimum, and provided further that the zero lot line portion of the structure meets California Building Code (CBC) fire protection standards. At a minimum, the zero lot line dividing wall shall be fire-rated for at least two hours and provide a noise attenuation to less than forty (40) db.

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

1. Twenty-five (25) feet minimum for all primary structures on lots that do not have an alley. Structures attached to the primary structure that are open on at least three sides, such as open patios may be allowed to encroach into the rear yard setback by ten (10) feet (maximum) provided they remain open at all times. Converting such patios shall then be strictly prohibited.

2. Twenty (20) feet minimum for all primary structures on lots that do not have an alley. Provided that a patio open on at least two sides is incorporated into the primary structure's building "footprint," and that does not encroach into the rear yard setback. Provided further that said patio is a minimum of ten (10) feet by ten (10) feet in size.

3. Ten (10) feet minimum for all primary structures on lots that have a minimum alley of twenty (20) feet width. Provided that a patio open on at least two sides is incorporated into the primary structure's building "footprint," and that does not encroach into the rear yard setback. Provided further that said patio is a minimum of ten (10) feet by ten (10) feet in size.

4. Five feet for detached accessory structures for lots that do not have an alley.

5. Zero feet for detached accessory structures that abut an alley of twenty (20) feet minimum in width, provided the wall facing the alley meets minimum California Building Code fire protection standards.

NOTE 1: Any such structure found to have been converted or restored to its previous use without County approval (permits) shall not be allowed and shall be ordered to be removed by the Building Official if and when found to have been enclosed or converted.

NOTE 2: Porches, porticos, fireplaces, columns and similar construction elements shall be considered the building for setback purposes. Bay windows, oriel windows no more than thirty (30) inches deep, and balconies on second story no more than forty-eight (48) inches deep will be allowed to encroach within the required setbacks.

D. Innovative Option (A). Where the design for all off-street parking in an R-1 area is entirely within the back yard, and no driveway from the front yard, as well as no on-street parking is allowed, the front setbacks may vary from a minimum of five feet and the side yard setbacks may be zero feet on one side (protected to CBC minimum or two-hour minimum fire resistance) with five feet on the opposite side and the rear yard shall be a minimum of fifteen (15) feet to the primary structure, accessory structures shall be the standard setback options under A., B. and C.

E. Innovative Option (B). In new subdivisions where the developer submits concurrent with the subdivision application a "site plan review" that clearly shows all lots, their layout, their infrastructure, and the landscaping, as well as, parking and where said subdivision provides for bicycle paths, or walking paths mixed with public open space areas, including parks, playgrounds, community facilities, and/or other innovative concepts that support a community atmosphere, the following allowances may be considered during the site review process, and subsequently approved for the subdivision.

1. Lot size reduction to five thousand (5,000) square feet minimum, for twenty-five (25) percent of total lots.

2. Street width without parking minimum thirty-two (32) feet curb/curb.

3. Zero lot line for side yard on one side only and minimum five feet on the opposite side yard.

4. Ten (10) feet front yard setback for lots with four cars off street parking behind setback.

5. Fifteen (15) feet front yard setback for lots with three cars off street parking behind setback.

6. Twenty (20) feet front yard setback for two cars off street parking behind setback.

7. One-way streets.

8. Alleys (one way).

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

The following height limits shall apply to all R-1 zones (all heights measured from AGL (average ground level) of lot):

A. Primary residential buildings shall not exceed three stories in height, or forty (40) feet whichever is less.

B. Detached accessory structures shall not exceed two stories or twenty-five (25) feet whichever is less.

C. Radio and/or television antenna incidental to the structure, or chimneys, or any other architectural feature shall not exceed sixty (60) feet in height.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

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

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

Thirty (30) feet from primary residence.

Eighty (80) feet from front lot line.

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

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

One hundred (10) feet from any water well.

C. Swimming pools refer to Section 90501.16.

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

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Off-street parking shall be provided in the R-1 zone according to the standards contained in Sections 90402.00 through 90402.16 of this title. RVs, trailers and other vehicles may be stored on site only if they are within the rear yard and not readily visible or accessible to public view with a primary use on the property.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following signs shall be permitted in the R-1 zone; however, all signs shall be subject to Section 90401.00 et seq., as applicable.

1. Temporary real estate signs not exceeding ten (10) square feet, and advertising the property for sale or lease, and meeting requirements of Division 4, Chapter 1.

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

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

4. Institutional signs.

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

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The areas within an R-1 lot area shall at all times be maintained so as to not create a fire or life safety, or health hazards either to the occupants or the public.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The breeding, keeping or maintaining of large or medium size animals is strictly prohibited, except as follows:

A. R-1 lots greater than one-half but less than one acre net may keep two medium animals per acre provided the separation distances under Section 90502.08 can be achieved.

B. R-1 lots greater than three-quarter acre net may keep and maintain one large animal per three-quarter acre up to five acres, and one large animal for every five acres of lot area thereafter (i.e. forty (40) acre lot equals twelve (12) large animals). Small animals (i.e. goats, sheep, etc.) shall be allowed at the ratio of one large animal equals two small animals. Separation as required under Section 90502.08 shall be met.

C. R-1 lots allow for the keeping of small fowl, rabbits, birds, provided as follows: they are for domestic or hobby purposes; are maintained within proper enclosed/containment structures; are not free to leave the property; and the number of such animals does not exceed five of any one or combination thereof.

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

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

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

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

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

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

A. Sales last no longer than two consecutive days.

B. Sales are held no more than two times a year.

C. Sales are contained within the property.

D. No goods purchased for re-sale are evident.

E. Directional signs shall be removed immediately after sale ends.

F. Directional signs shall not exceed nine square feet.

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

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

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

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

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

(Ord. No. 1565, §§ 3, 4, 12-15-20)

A mobile home or a recreational vehicle may be permitted as a temporary dwelling within the R-1 zone, provided it complies with and meets the following standards.

A. Temporary Dwelling.

1. A building permit for the construction of the conventional single-family residence shall be obtained either prior to or concurrently with the installation/utility permit of the mobile home.

2. The mobile home or recreational vehicle shall be removed from the property as follows:

a. Within twelve (12) months from the time the mobile home or recreational vehicle is placed on the property, and/or

b. Within ten (10) days from the time of final inspection for the conventional dwelling has been approved, and/or

c. Within five days from the time a building permit has lapsed due to lack of activity or other reason(s), as determined by the building official.

3. The planning and development services department has received adequate assurances, which may include surety in a form acceptable to county.

4. The planning director may, upon written request from the property owner, grant an extension for the mobile home or the recreational vehicle for a period of not to exceed six months. Extension of time may only be approved upon the following conditions:

a. An active building permit is on file with the planning and development services department of the county of Imperial, and actual construction is in progress.

b. The construction of the dwelling unit on the site has progressed to a stage of inspection and approval, which is at least in the framing, rough electrical, rough mechanical, and rough plumbing stage.

c. The construction of a single-family dwelling is nearing completion.

5. Any mobile home or recreational vehicle permitted as a temporary dwelling, shall be removed at any time if so determined by the planning director.

The electrical service supplying the mobile home or recreational vehicle on a temporary basis shall be terminated at the time that the electrical is approved for the conventional dwelling. Under no conditions shall two electrical services remain on the premises.

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

1. Any legal residence may have an R.V. connected to approved utilities and occupied for a period not to exceed two weeks annually per Title 12, Section 4 et al.

2. The R.V. connections are installed to meet applicable Health and Safety Code Regulations, and permitted by planning and development services department.

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

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

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Fencing, if installed, shall at a minimum meet the requirements of Section 90403 et seq. Under no conditions shall the use of barbed, razor edged, or electrified fencing be allowed within this zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)