Imperial County Municipal Code § 90503.00 Purpose and application

The purpose of the medium density R-2 zone is to designate and establish standards for single-family and duplex, residential uses. This zone is typified with single family and duplex structures. The density shall not exceed ten (10) dwelling units per net acre. While duplex structures typify this zone, other innovative housing techniques including clustering, zero lot line and garden housing unit, may be permitted. No new R-2 development shall be allowed unless full infrastructure, which at a minimum shall include sewer, water treatment and streets meeting county standards is provided.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

a) Community recreational facilities owned by an association or publicly.

b) Community vegetable gardens.

c) Day care facility limited to fourteen (14) children or less.

d) Duplex, apartment, condominium, etc.

e) Elementary school (public).

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

g) Fire station.

h) High school (public).

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

j) Junior high school (public).

k) Parks, playgrounds and swimming areas (public or association maintained).

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

m) Residential care facility serving five or less individuals.

n) Single-family dwelling (one unit typical - two units maximum/legal lot), (per Section 90405.00).

o) Small family daycare as defined by CA Health and Safety Code Section 1597.44 and 1597.45.

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

q) Temporary mobile home/recreational vehicle used during construction only (see Section 90502.15 for standards).

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

a) Ambulance station.

b) Cemetery.

c) Church.

d) Community care/Veteran facility.

e) Country club.

f) Golf course/Driving Range.

g) Hospital.

h) Library.

i) Mausoleum.

j) Medical offices.

k) Museums.

l) Pre-school.

m) Private non-profit club or lodge.

n) Radio, TV of commercial communication transmitter, receiver or translator.

o) Rehabilitation facilities.

p) Residential care facility serving six or more.

q) Sanitarium.

r) Senior Retirement Home.

s) Schools (private).

t) Tennis/swim club.

u) Utility substations.

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

All uses not specifically permitted by Sections 90503.01 or 90503.02 are strictly prohibited.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Except as otherwise provided within this title no lot, parcel or portion thereof within the R-2 zone shall be less than six thousand (6,000) square feet for one dwelling and three thousand (3,000) square feet/dwelling for multiple dwellings. No parcel within this zone shall have less than sixty (60) feet of street frontage, except for cul-de-sac designs, which will be no less than thirty-three (33) feet as measured at the right-of-way line.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Except as otherwise provided within this title there shall be a minimum of three thousand (3,000) square feet of lot area per dwelling unit in the R-2 zone, provided however that the basic lot minimum is six thousand (6,000) square feet, for the first unit.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

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

1. Twenty-five (25) feet minimum if at a minimum two off-street parking spaces per unit plus one visitor parking space for every two units is provided, which must be behind the setback line.

2. Twenty (20) feet minimum if at a minimum two off-street parking spaces per unit plus one visitor parking space for every two units is provided and that all said parking (except visitor parking) is within an enclosed garage.

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 side yard of five feet on each side of the building, except as follows:

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

3. On designated zero lot line construction, one side may be zero provided the opposite side is a minimum of ten (10) feet (except corner lots) and provided further that the zero lot line side of the structure meets all California Building Code and California Fire Code requirements, for fire protection, or two-hour fire-resistant construction, whichever is greater.

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 width alley of twenty (20) feet. 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 meet minimum California Building Code fire protection standards.

NOTE: Any such structure found to have been converted without county approval (permits) shall not be allowed and shall be ordered removed by the building official if and when found to have been enclosed or converted.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following height limits shall apply to all R-2 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)

A. There shall be a minimum of ten (10) feet between residential use structures, unless constructed with common walls meeting a minimum of 2-hour fire rated separation.

B. There shall be a minimum of six feet between any residential use and any detached accessory structure(s).

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Off-street parking shall be provided in the R-2 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)

Every R-2 lot/parcel shall be landscaped to meet the requirements of Section 90302.05.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following signs shall be permitted in the R-2 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)

The areas within an R-2 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 neighbors.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

In cases where a single-family dwelling unit exists, restrictions apply per Section 90502.13.

(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. The R-2 zone allows for a maximum of ten (10) dwelling units per (net) acre. This may be a mixture of units on any one legal parcel. The density shall be the limiting factor on the number of dwelling units per legal lot.

B. The R-2 zone does allow for a mixture of a single-family or duplex structures, i.e. one house and a duplex, provided all requirements including density can be met.

C. Temporary dwellings/RV. 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 RV 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)