Imperial County Municipal Code § 90509.06 Yards and setbacks

The purpose of the A-3 (heavy agriculture) [forty (40) acres or larger typical] zone is to designate areas that are suitable for agricultural land uses; to prevent the encroachment of incompatible uses onto and within agricultural lands; and to prohibit the premature conversion of such lands to non-agricultural uses. It is a land use that is to promote the heaviest of agricultural uses in the most suitable land areas of the county. Uses in the A-3 zoning designation are limited primarily to agricultural related uses and agricultural activities that are compatible with agricultural uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

a) Agricultural accessory structure(s) (including cargo containers).

b) Agricultural industry and agricultural services when incidental to and secondary to the primary use of the agricultural parcel and by the same land owner.

c) All uses shown in Section 90508.01 but not Section 90507.01.

d) Animal sales yards or stockyard.

e) Contract harvesting, when incidental to and secondary to the primary use of the premise for agriculture.

f) Cotton gins.

g) Cheese and other dairy product manufacturing.

h) Dehydration mills.

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

j) Farm stands, temporary in nature, and incidental to the permitted primary use are allowed. Retail sales of processed products, processed under A-3 Zone provided that they are incidental to and secondary to the primary use, subject to Section 90509.12.(A).

k) Feedlots.

l) Fruit, vegetable and plant product processing including, cold storage, packaging, preserving, canning, and shipping.

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

n) Honey extraction.

o) Industrial Hemp: including the cultivation, harvesting and testing, and light processing, subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

p) Miscellaneous uses. Accessory building, structures including cargo tank containers, if incidental to and accessory to the primary permitted use, flood control facilities, home occupation, hunting or fishing clubs without permanent structures, water storage or groundwater recharge facilities, water systems, sewage treatment facilities, wildlife or natural preserves.

q) Residential accessory structure(s) (including cargo containers).

r) Single-family dwelling.

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

t) The breeding and raising of animals including, bee keeping, cattle or livestock grazing, birds, dairy stock, fish and frogs, hogs, horse, donkeys, mules, poultry, rabbits, and sheep.

u) The growing-and harvesting of all agricultural crops, including berry crops, bush crops, field crops (both dry and irrigated), flowers, and horticultural specialties, greenhouse, nursery, nut, timber, vegetable and vine.

v) Residential accessory structures, farm labor housing under California law.

w) Transmission lines, including supporting towers, poles microwave towers, utility substations.

Special Note: The uses under agricultural industries may be in the form of a co-operative, corporation, limited partnership or sole proprietorship provided, if the facility continues to be used for agricultural-related processing. In the event the facility ceases to operate, it shall not be converted to another non-agricultural related processing or other commercial/industrial use.

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

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

a) Abattoir or animal slaughter house.

b) Accessory Dwelling Unit (one additional) unit per legal parcel, not to exceed two per legal parcel which cannot then be subdivided at a later date.

c) Agricultural animal products processing including, meat and fish packing, canning and shipping, provided the livestock is produced or grown by the owner of the process facility on the premise or on land, leased, rented or owned by the owner of the processing facility. This section does not allow for slaughterhouses, rendering plants or tanning operations or any similar animal or agricultural waste or by product processing.

d) Agricultural chemical storage, shipping and packing facilities (no manufacturing).

e) Agricultural related trucking facility (hauling primarily agricultural products).

f) Airports or aircraft landing fields for private non-commercial use and agricultural air applicators.

g) Animal hospitals, kennels and veterinarian office.

h) Animal shelters.

i) Battery Storage Facility (must be connected to an existing electrical power generation plant such as solar, geothermal, wind, natural gas, or other renewable energy generator, as an accessory unit to said power plant) The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

j) Bio-mass energy conversion plant.

k) Cemeteries, columbariums, crematories and mausoleums.

l) Processing facilities.

m) City, County, State and Federal enterprises, including buildings, facilities and uses of departments or institutions.

thereof

which are necessary or advantageous to the general welfare of the community.

n) Cold storage facility for agricultural products.

o) Communication Towers: including radio, television, cellular, digital, along with the necessary support equipment such as receivers, transmitters, antennas, satellite dishes, relays, etc. (subject to requirements of this zone and Division 24; Section 92401 "Communications Facilities Ordinance" et al).

p) Composting Facility.

q) Concrete or asphalt batch plants (Temporary and in conjunction with an active capital improvement project).

r) Dams and/or Reservoir.

s) Drainage control systems.

t) Equestrian establishments, stables and riding academies.

u) Ethanol plants with a capacity not to exceed one million (1,000,000) gallons a year.

v) Explosive material storage and handling.

w) Farm labor housing for contract labor.

x) Farm machinery and equipment repair facilities.

y) Fertilizer mixing, storage and transport facilities (not manufacturing).

z) Fireworks; assembly and storage according to § 90501.17.

aa) Flower mills.

bb) Geothermal test facilities, Intermediate projects, and major exploratory wells meeting the requirements in Division 17.

cc) Glucose processing.

dd) Government office or public buildings.

ee) Grain elevators for commercial storage and shipping.

ff) Guest ranches.

gg) Hay processing and storage.

hh) Heliport.

ii) Hog ranches.

jj) Hospitals, sanitariums and rest homes.

kk) Industrial Hemp: manufacturing into semi-finished and finished products, subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

ll) Labor camps.

mm) Land application of sludge or similar product/waste to agricultural land.

nn) Major facilities relating to the generation and transmission of electrical energy, provided such facilities are not, under state or federal law, to be approved exclusively by an agency or agencies of the state and/or federal governments and provided that such facilities shall be approved subsequent to coordination and review with the Imperial Irrigation District for electrical matters, meeting the requirements in Division 17. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

oo) Major geothermal projects, meeting the requirements in Division 17.

pp) Mining and mineral extraction or rock, gravel, sand and crushing processing.

qq) Non-hazardous waste facility.

rr) Oil extraction.

ss) Private airports.

tt) Public agency or public utility buildings and structures.

uu) Race tracks (non-motorized).

vv) Restricted Produce Sales. This "restricted" produce sales would allow for the retail sales of minor food items and souvenirs generally attributable to items sold at roadside and fruit stands, provided, however, that such use is otherwise allowable by State and local laws.

ww) Septic disposal systems.

xx) Shooting range.

yy) Solar energy plants meeting the requirements in Division 17.

zz) Special Occasion Facility.

aaa) Surface mining operations.

bbb) Tasting rooms.

ccc) Temporary construction yard/office.

ddd) Temporary Real Estate tract offices and signs.

eee) Transfer stations (solid waste non-hazardous).

fff) Transportation Treatment Units (TTU's) which are used to process/treat process hazardous and/or non-hazardous waste/material and which may or may not be required permit from such agencies as Department of Health Services, Regional Water Quality Control Board and Air Pollution Control Board shall only be permitted through a Conditional Use Permit. TTU's shall not be allowed in any other zone and only with the issuance of a Conditional Use Permit. TTU's shall only be considered for permitting in the zones if there is an existing industrial, manufacturing or commercial use to which the TTU would be an accessory use, and then only for a limited period not to exceed ninety (90) days.

ggg) Veterinary clinics.

hhh) Waste to energy facilities.

iii) Water treatment plants.

jjj) Wineries.

kkk) Wool pulling and scouring.

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

All other uses not permitted specifically by Sections 90509.01 and 90509.02 of this chapter are prohibited.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

No portion of any lot parcel within the A-3 zone shall contain less than forty (40) acres gross, except in the case of conveyances to or from a governmental agency, public entity, public utility, community water company or mutual water company, or parcels less than forty (40) acres (net or gross) at time of adoption of this ordinance. The intent is to maintain all agricultural land in the largest farmable parcel size.

EXCEPTION:

LOT REDUCTION EXCEPTION #1

Notwithstanding Section 90509.04, the planning director or planning commission may approve a parcel map creating no more than two parcels where one or both of the parcels is smaller than the applicable minimum parcel size and only if the following conditions can be met:

a. The subdivision is to authorize conveyance of a single-family dwelling which was actually constructed prior to April 1, 1976.

b. The subdivider agrees to convey and surrender development rights to the county covering a sufficient remainder of property to guarantee that the reduction in the lot area will not result in an increase in the density of residential uses than otherwise permitted in the zone in which the property is located. Such a conveyance shall be in a form approved by the planning director and shall be recorded with the final parcel map.

c. Compliance is made with all other requirements contained in this title.

LOT REDUCTION EXCEPTION #2

Notwithstanding Section 90508.04, the planning director or planning commission may approve a parcel map creating no more than four parcels where one or all of the parcels is smaller than the applicable minimum parcel size and only if all of the following conditions and findings can be met:

CONDITIONS: There are existing small parcels within identified existing enclaves that meet all (a.-e.) of the following parameters.

a. The existing and the proposed parcels meet or can meet minimum health and safety standards for potable water, for fire protection, for police protection and for sewage disposal.

b. There are six or more existing small, contiguous parcels (one-half to ten (10) acres maximum) within a confined area.

c. There are at least six existing residences within the enclave.

d. The enclave consists of parcels sized to allow further division while still meeting minimum parcel sizes the can meet the requirements of this division.

e. The further division of land within the enclave does not promote the enlargement of the outer boundary of the area.

FINDINGS: To allow divisions of land within an identified enclave the commission and/or board of supervisors must be able to make the following findings:

a. The division is within an impacted enclave that will not further adversely impact surrounding agricultural operations.

b. The division enhances agricultural land protection by converting existing impacted land more efficiently and by keeping other agricultural land protected.

c. The division is within an existing enclave of six or more (< ten (10) acres) parcels, and six or more existing residences.

d. The parcel (s) shall not be less than one-half acre net if a full soils report shows adequate soil conditions to support development and long-term sewage disposal capacity. Larger size parcels will be required, if the soil report or other factors necessitate.

e. The area can be provided adequate fire and police protection services. A written statement from the fire department and the sheriff/police department shall be required.

f. The division can mitigate and comply with added traffic impacts.

g. The proposed division has an adequate supply of water to each parcel, through an acceptable conveyance system, and can or will provide potable water to each parcel.

h. Each existing, as well as proposed parcel, abuts a public road or highway and/or has legal and physical access via a county road.

i. The long-term impacts of additional sewage disposal system within the enclave is verified and can sustain the additional loads as shown by acceptable engineering studies.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

There shall be not more than one principal single-family dwelling on any legal parcel in the A-3 zone, except that by a conditional use permit, a caretaker residence may be allowed in addition to the principal residence. Where due to a proven need two caretaker's residences are needed to service an existing on-site use, two may be allowed upon adequate findings. Where one or more residence is allowed in an A-3 zone, they shall not be allowed to be subdivided from the existing parcel at a later date. However, when an OWTS is proposed for any dwelling unit, the lot area per dwelling unit shall meet the standards set forth in County Ordinance Section 8.80.150.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following yard and setback requirements shall apply in the A-3 zone:

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

1. Thirty (30) feet minimum from front yard property line or eighty (80) feet from centerline of adjacent street

2. Thirty (30) feet from the front yard property line for all nonresidential structures.

3. Three hundred (300) feet from centerline of adjacent major collector roads, if any, for any animal, livestock pens

4. One hundred (100) feet from centerline of adjacent street for any agricultural processing facility

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

There shall be a side yard setback on each side of a building of not less than ten (10) feet.

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

There shall be a rear yard of not less than ten (10) feet for all structures.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following height limits apply in the A-3 zone:

A. Residential buildings shall not exceed three stories in height or forty (40) feet.

B. Radio and television antennae, chimney and other residential accessory features, structures, shall not exceed sixty (60) feet in height and as may be required by the airport land use compatibility plan (ALUCP).

C. Nonresidential structures and commercial communication towers shall not exceed one hundred twenty (120) feet in height, and as may be required by the airport land use compatibility plan (ALUCP).

D. All height limits shall also be subject to the restrictions of other divisions including airport approach zones, etc.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following requirements shall apply to the minimum distance between structures in the A-3 zone:

A. There shall be least ten (10) feet between any residential structure and a residential accessory structure.

B. There shall be at least fifteen (15) feet between residential structures,

C. There shall be at least fifty (50) feet between any residential structure and a non-residential structure housing animals, including pens, coops, stables, barns.

D. There shall be a minimum of one hundred (100) feet between any sanitary disposal system and a groundwater well.

E. There shall be at least one hundred (100) feet between any structure/pen housing animals and a groundwater well or potable water supply.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Off-street parking shall be provided in the A-3 zone according to the standards contained in Sections 90402.00 through 90402.16 of this title.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Landscaping for nonresidential development in the A-3 zone shall be the same as the M-1 zone (excluding crop and tree farming). Landscaping for residential development shall be the same as the R-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following signs shall be permitted in the A-3 zone; however, all signs shall be subject to Section 90401 as applicable:

1. Temporary real estate signs, not exceeding twenty (20) square feet, in advertising property for sale or lease and meeting the requirements of Division 4, Chapter 1.

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

3. Temporary political, religious, civic and campaign sign not exceeding three months in duration and meeting the requirements of Division 4, Chapter 1.

4. Signs related to agricultural products grown on-site or for sale on-site.

5. Institutional identification signs when approved in conjunction with the CUP.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following special review procedures and development standards shall apply in the A-3 zone:

A. Temporary farm stand for the sale of agriculture, horticultural or farming products, permitted within the A-3 zone shall comply with the following standards:

1. Comply with standards of Division 17 of the Food and Agricultural Code and Chapter 12.5 of the California Health and Safety Code.

2. The floor area of the farm stand shall not exceed six hundred (600) square feet.

3. The farm stand shall not be located closer than twenty-five (25) feet from the driveway line of the front yard.

4. The stand shall be erected in such a manner that it can be readily removed.

5. The owner shall remove the stand at his or her own expense, when the stand is not in use for a period of one hundred twenty (120) consecutive days.

6. Customer parking, at the ratio of one car per one hundred (100) square feet, with a minimum of two car spaces shall be provided, and shall be surfaced to prevent fugitive dust emissions.

B. A mobile home or recreational vehicle permitted as a temporary dwelling during construction of a conventional dwelling shall comply with the following standards.

1. Building permits for construction of a conventional single-family residence shall be obtained prior to or concurrent with the installation of the permit for the mobile home.

2. The mobile home shall be removed from the premises if:

a. Six months has passed since the mobile home or recreational vehicle was installed;

b. Seven days has passed since the conventional dwelling was approved for occupancy;

c. The building permit has lapsed due to lack of activity.

3. One extension of time for a period not to exceed six months may be directed by the director of planning, upon written request by the property owner. Extension may only be approved subject to the following condition:

a. An active building permit is on file with Imperial County Planning and Development Services Department.

b. The construction of a conventional dwelling unit on the site has progressed to a stage of inspection and approval, for the framing, rough electric, rough mechanical and top out.

C. 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. An R.V. may be connected to utilities and occupied for a period not to exceed two weeks annually per Section 12.04 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)