Imperial County Municipal Code Ch. 10 Am-1 (agricultural Related Light Industrial)

The purpose of the AM-1 (agriculture related light industrial) zone is to:

A. Provide a zone that is consistent with the intent of the general plan to protect agriculture and at the same time allow limited but compatible industrial uses within the agriculture land use categories;

B. Provide areas that are suitable for agricultural related light industrial land uses, yet are still compatible with and create no adverse impacts on adjacent agricultural land uses;

C. Provide an opportunity for existing industrial uses, or for existing M-1 and M-1-N zones to become consistent with the general plan without becoming pre-existing nonconforming uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following uses are permitted in the AM-1 zone provided they meet the requirements of this title:

a) Accessory dwelling unit per Section 90405.02 incidental to primary use (i.e. caretakers residence; owners residence, security guard residence).

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

c) Agriculture chemical (fertilizer, pesticides, etc.) sales and shipping (not manufactured).

d) Agricultural signs less than one hundred (100) square feet and less than fifteen (15) feet high. See Section 90510.10.

e) All agricultural (farming) uses in the A-2 zone as listed under Section 90508.01.

f) Animal grooming.

g) Animal kennel or boarding facility.

h) Animal training facility.

i) Cold storage facilities for agriculture products.

j) Contract harvesting business.

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

l) Equestrian establishment.

m) Farm implement manufacturing (light manufacturing and assembly with less than twenty (20) employees).

n) Farm implement rental facility.

o) Farm implement repair (facility with less than twenty (20) employees).

p) Farm implement sales including parts (new).

q) Farm implement sales including parts (used).

r) Farmers market facility.

s) Feed stores (rental and wholesale) (not regional distribution centers).

t) Fuel (bulk) sales.

u) Gardening and landscape supply store.

v) 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 Ordinances.

w) 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 Ordinances.

x) Mineral exploration.

y) Packaging facility for agricultural products.

z) Poultry butchering including processing and shipping.

aa) Processing facility for agricultural products.

bb) Seed processing facility.

cc) Seed stores (retail and wholesale).

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

ee) Veterinary clinic/hospital.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

a) Agriculture chemical manufacturing.

b) Commercial Cannabis (Manufacturing), subject to Division 4 Chapter 6 of Title 9 Land Use Ordinance and Title 14 of the Imperial County Codified Ordinance.

c) Composting facility.

d) 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).

e) Farm labor bus transport facility.

f) Farm labor housing.

g) Heliports.

h) Mineral extraction facility.

i) Race track for horse or dog racing.

j) Rendering facility.

k) Slaughterhouse.

l) Solar power generation meeting the requirements in Division 17. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

m) Solid waste transfer station.

n) Waste to energy facility.

o) Wind electric power generation, meeting the requirements in Division 17.

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

All uses not expressly permitted either under Section 90510.01 or 90510.02 are strictly prohibited. In addition, where an agricultural industrial use/business is allowed in an AM-1 zone, it shall not be converted to a non-agricultural use, for a minimum of seven years from date of certificate of occupancy for any project developed after adoption of this title or five years from adoption of this title for any project operating in compliance with this zone at date of adoption.

Prior to such a conversion, the property owner/operator shall file a written request for a zone change in allowed use. The county may approve or deny such a request upon a public hearing before the planning commission and/or the board of supervisors. To allow the change the county must be able to find that the proposed change meets all of the following:

A. The proposed use does not create or impose an adverse impact on the adjoining agricultural land uses.

B. The proposed use has or will have adequate infrastructure which at a minimum shall include adequately sized and designed roads, wastewater treatment and related infrastructure.

C. The average daily trips (ADT) count for the proposed new project is less than or equal to the average ADT for the existing project. If the new project exceeds the average ADT, a traffic study shall be required and all required mitigation measures implemented.

D. Applicant has met the burden of proof to show that there are no other alternatives available to him/her except for the conversion to a non-agricultural land use.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

No portion of or any lot within the AM-1 zone shall contain less than one acre net.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

In order for structures and/or facilities and/or land uses allowed in the AM-1 zone to be consistent with the intent of the general plan they shall meet the minimum requirements of this title, applicable state and federal regulations and the following standards:

A. Traffic: Any AM-1 use that generates in excess of one hundred (100) ADT (to and from the facility) shall prepare a traffic study and shall implement all traffic mitigation measures, including turn lanes, signal lights, signage etc., as determined by the department of public works.

B. Air Quality: Any AM-1 use shall comply with and obtain permits from the air quality control district prior to construction/operation, if determined necessary by the air pollution control officer.

C. Water and Wastewater: Any AM-1 use that requires by federal, state or local law/code or employs people shall provide treated (potable) water meeting the California drinking water standard. Likewise any such facility shall provide for wastewater treatment meeting California Regional Water Quality Control Board (CRWQCB) standards.

D. AG Compatibility: It shall be the obligation through studies, if necessary, for the proponent/owner of an AM-1 facility/use to prove that the use is compatible with the adjacent agricultural land uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following yard setback requirements shall apply in the AM-1 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 from public right-of-way; and/or

2. Eighty (80) feet from centerline of existing or proposed secondary arterial; and/or

3. Sixty (60) feet from centerline of existing or proposed local street; and/or

4. Sixty-five (65) feet from centerline of existing or proposed collector.

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

1. Ten (10) feet on each side.

2. Except that on a corner lot, the side facing a street shall be the same as the front yard.

3. Except that the side yard may be zero feet setback where the construction of the wall including parapet is of four-hour fire-resistant construction and provided the overall height of the structure is less than twenty (20) feet.

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

1. Ten (10) feet minimum.

2. The rear yard may be zero feet setback where the construction of the wall including parapet is of four-hour fire-resistant construction and provided the overall height of the structure is less than twenty (20) feet.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following height limit shall apply in the AM-1 zone:

A. Primary Structure: Eighty (80) feet.

B. Accessory Structure(s): Thirty (30) feet.

C. Architectural appurtenances such as TV and radio antennae, communication towers, silo elevators shall not exceed one hundred (100) feet.

D. All height limits shall meet and be subject to other divisions within this title and other applicable regulations such as the airport land use compatibility plan.

NOTE: Height shall be measured from the average ground level (AGL) of the parcel.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following minimum distances between structures in the AM-1 zone shall be provided:

A. There shall be at least twenty (20) feet between the primary structure and any accessory structure.

B. There shall be at least fifty (50) feet between a light industrial use structure and a residence.

C. There shall be at least one hundred (100) feet between any structure housing animals or processing animals and a residence.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The parking for the AM-1 zone shall be the same as required for the M-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following signs shall be permitted in the AM-1 zone; however, all signs shall be subject to Section 90401 as applicable:

A. Temporary real estate signs advertising the property for sale or rent, and not to exceed twenty (20) square feet.

B. Temporary construction signs not to exceed forty (40) square feet.

C. Temporary political, religious or civic campaign signs, not to exceed three months.

D. Agricultural signs not to exceed one hundred (100) square feet.

E. Institutional identification signs.

F. Off-site directional signs.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Landscaping in the AM-1 zone shall be the same as the M-1 zone.

(Ord. No. 1565, §§ 3, 4, 12-15-20)