Imperial County Municipal Code § 90504.00 Purpose and application

The purpose of the medium-high density residential (R-3) zone is to designate and establish standards, as well as, areas appropriate for a variety of light and medium density to high density residential living environments, including therein, apartments, townhouses, and condominiums. The maximum density is established at twenty-nine (29) dwelling units per net acre. The R-3 zoning designation may be allowed in any urban area of the county provided it has adequate utility services, streets and other public facility capacities. No new R-3 development shall be allowed unless full infrastructure, which at a minimum, include water, sewer treatment and streets meeting county standards is provided.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

a) Apartments.

b) Community vegetable gardens.

c) Condominiums.

d) Day Care Center (not to exceed a capacity of one child for every two dwelling units located on the property, provided the lot contains a minimum of three dwelling units).

e) Day Care Home not to exceed five people.

f) Duplex.

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

h) Park or Play Grounds.

i) Pre-school, Elementary School, Junior High School, Senior High School, College, or University (public).

j) Public Agency or Public Building.

k) Public Recreation Facilities.

l) Public Swimming Pool.

m) Quadruplex.

n) Residential Accessory Structure (including cargo containers provided they meet architectural standards as defined herein Division 14).

o) Residential Care Facility (serving five or fewer persons).

p) Senior Retirement Home.

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

r) Small Home Lot Development pursuant to Section 66499.40 of the California Government Code.

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

t) Supportive Housing.

u) Temporary On-site Construction Office.

v) Temporary On-site Real Estate Tract Sales/Rental Office.

w) Townhouse.

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

y) Triplex.

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

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

a) Ambulance Service.

b) Auto Parking Garage.

c) Cemetery.

d) Charitable or Public Service Organization.

e) Church.

f) Club or Lodge.

g) Community Care/Veteran Facility.

h) Community Center.

i) Fraternity or Sorority.

j) Golf Course/Driving Range.

k) Library.

l) Mausoleum/columbarium.

m) Museum.

n) Public tennis or swim club.

o) Radio, television or commercial communication transmitter.

p) Rehabilitation facility.

q) Residential hotel/SRO's.

r) Retirement or rest home.

s) Sanitarium.

t) Sewage treatment plant.

u) Utility substation.

v) Water treatment plant.

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

All other uses not permitted by Section 90504.01 or 90504.02 are hereby 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-3 zone shall be less than six thousand (6,000) square feet, and shall provide a minimum of two thousand (2,000) square feet/dwelling for multiple dwellings. No parcel within this zone shall have less than sixty (60) feet of street frontage, except of cul-de-sac entrances.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

There shall be a minimum of two thousand (2,000) net square feet of lot area per dwelling unit in the R-3 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-3 zone:

A. Front Yard. Except as otherwise provided, the front yard minimum setback for all buildings shall be as follows: Twenty (20) feet minimum unless a minimum of two off-street parking spaces per unit, plus one visitor parking space for every three units is provided in which case the minimum may be fifteen (15) feet.

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

1. The minimum side yard shall be at least five feet on each side of the building except for the following:

2. On a corner lot, the side yard facing the street shall meet the same setback as the front yard.

3. On designated zero lot line construction, one side may be zero provided the opposite side is minimum of ten (10) feet and provided further that the zero lot line side of the structure meets all UBC and UFC requirements for fire protection.

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

1. Fifteen-foot minimum for all primary structures on lots that do not have an alley.

2. Ten-foot minimum for all primary structures on lots that do have a minimum width alley of twenty (20) feet.

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

4. Zero feet for accessory structures that abut an alley that have a minimum twenty-foot width.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following heights shall apply to all R-3 zones (all heights measured from AGL (average ground level) of lot):

A. Buildings and structures located in the R-3 zone shall not exceed six stories or eighty (80) feet.

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 another architectural feature shall not exceed sixty (60) feet in height.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Requirements for minimum distances between structures in the R-3 zone are as follows:

A. There shall be a minimum distance of twenty (20) feet between residential buildings/structures.

B

There shall be a minimum of ten (10) feet between a residential building/structure and any accessory building or structure; or between accessory buildings or structures.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Off-street parking shall be provided in the R-3 zone according to the standards contained in Sections 90402.00 through 90402.16. Where off-street parking is provided vis-à-vis enclosed garages or carports, that are not readily visible from the street, ten percent (10%) increase in unit density area along with a front yard setback reduction to fifteen (15) feet may be allowed.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Every R-3 lot/parcel shall be landscaped to meet the requirements of Section 90302.15.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following signs shall be permitted in the R-3 zone; however, all signs shall be subject to Section 90401 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-3 lot area shall at all times be maintained so as to not create a fire or life safety, or health hazard either to the occupants of the structures or to adjacent neighboring properties.

(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. While the R-3 zone allows for multifamily housing such as duplex, triplex, quadruplex, etc. The development within an R-3 zone does not allow one or multiple single-family detached structures or one or multiple manufactured structure.

B. In any R-3 zone containing more than ten units, provisions for an on-site manager and/or contact person shall be made.

(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)