Imperial County Municipal Code Ch. 13 Facilities in Existence Prior to Adoption of These Regulations

A. Telecommunication facilities that obtained valid permits from Imperial County and/or were constructed prior to the enactment of the regulations codified in this division, and that do not require renewal or modification, are not subject to these regulations.

B. Telecommunication facilities that require renewal will be renewed under the regulations of this division, and any telecommunication facilities operating with existing permits, or telecommunication facilities that are not permitted and require or which are proposed for modification must acquire new permits under these regulations.

C. The planning director and/or the planning commission, in making its determination on the applicability of this section, shall take into consideration the technical feasibility of the compliance required. To that extent, the planning director and/or the planning commission shall have the latitude to consider alternatives that are reasonable, that would affect similar compliance and that provide for uniform application to all similar facilities.

(Ord. No. 1504, §§ 81, 82, 12-9-14; Ord. No. 1521, §§ 11, 12, 10-24-17)

A. The modification of an existing nonconforming telecommunication facility shall not be deemed to constitute the expansion of a nonconforming use or structure, so long as such modification:

1. Does not alter the type, height, or location of the telecommunication facility;

2. Does not substantially alter the intensity of use of the telecommunication facility; and

3. Is done in accordance with the regulations of this division and other applicable local, state, and federal laws.

B. The determination of whether a modification of a nonconforming telecommunication facility constitutes the expansion of a nonconforming use or structure shall be at discretion of the planning director. Any decision made by the planning director pursuant to this section may be appealed to the planning commission. Any such appeal shall follow the procedures specified within Chapter 4 of Division 1 of Title 9 of the codified ordinances of Imperial County.

C. This section serves as a limited and temporary exception to those sections of the codified ordinances of Imperial County governing the expansion of nonconforming uses and structures. A modified nonconforming telecommunication facility shall be subject to all other applicable constraints and prohibitions governing nonconforming uses and structures. This section shall in no way, remove, cure, or otherwise resolve the nonconforming status of a telecommunication facility.

(Ord. No. 1521, §§ 11, 12, 10-24-17)

A. Nonconforming telecommunication facilities that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit. The type, height and location of the repaired or replaced telecommunication facility shall be of the same type and intensity as the original telecommunication facility.

B. Building permits to rebuild a damaged/destroyed telecommunication facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no building permit is obtained, or if the building permit expires, the telecommunication facility shall be deemed abandoned.

(Ord. No. 1521, §§ 11, 12, 10-24-17)

A. Notwithstanding any other section of the codified ordinances of Imperial County, an extension of time for a nonconforming telecommunication facility may be granted by the planning commission, after a noticed public hearing, if the following conditions have been met:

1. The telecommunication facility was originally approved through the issuance of a valid conditional use permit;

2. The telecommunication facility, through no fault of the landowner or developer, has become a nonconforming use or structure as defined in Chapter 5 of Division 1 of Title 9 of the codified ordinances of Imperial County;

3. Notwithstanding its designation as a nonconforming use or structure, the telecommunication facility has no history of noncompliance with or violation of any applicable conditional use permit, variance, license, approval, or any other federal, state, or local laws, rules, policies, or procedures;

4. The granting of an extension of time for the nonconforming telecommunication facility will not infringe upon or interfere with surrounding landowners' use and enjoyment of their land; and

5. Any other lawful condition or requirement that may be deemed relevant.

B. The granting of an extension of time for a nonconforming telecommunication facility under this section shall be at the discretion of the planning commission. Any decision made by the planning commission pursuant to this section may be appealed to the board of supervisors. Any such appeal shall follow the procedures specified within Chapter 4 of Division 1 of Title 9 of the codified ordinances of Imperial County.

C. The granting of an extension of time for a nonconforming telecommunication facility shall act as a limited and temporary exception to those sections of the codified ordinances of Imperial County governing the extension of nonconforming uses and structures. A nonconforming telecommunication facility that has been granted a time extension shall be subject to all other applicable constraints and prohibitions governing nonconforming uses and structures. The granting of an extension of time made pursuant to this section shall in no way, remove, cure, or otherwise resolve the nonconforming status of a telecommunication facility.

(Ord. No. 1521, §§ 11, 12, 10-24-17)