Imperial County Municipal Code Ch. 8 A-2 (general Agriculture Zone) a-2-R (general Agricultural/Rural Zone)

The purpose of the A-2 (general agriculture), [forty-acre minimum] zone is to designate areas that are suitable and intended primarily for agricultural uses (limited) and agricultural related compatible uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

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

b) All agricultural and grazing uses, including breeding and/or grazing of animals as follows:

1. On parcels greater than thirty (30) acres, no limit for temporary or transitory grazing provided primary food source is a product grown on site and any import is a supplement and does not generate significant vector breeding (Strictly prohibited unless approved by CUP are: livestock feed lots; hog ranches, dairies, animal sales yards, cotton gins, dehydration units, labor camps, packing plants and other similar intense uses).

2. On parcels less than thirty (30) acres and parcels contiguous to four or more homes:

a. Large animals (cattle, horses, etc.) not to exceed one per half acre;

b. Medium animals (goats, sheep, swine, etc.) not to exceed five per half acre;

c. Small animals (poultry, rabbits, etc.) not to exceed five;

d. (All such animals shall be maintained at least fifty (50) feet from any residence).

c) Animal Grooming, (no boarding of animals)

d) Any Agricultural use permitted in the A-1 Zone, under Section 90507.01(a).

e) Aquaculture to allow for the growing and harvesting of algae, fish, frogs, shrimp and similar aquatic products. This includes shipping but does not include processing.

f) A "temporary" mobile home or recreational vehicle serving as a temporary residence during construction of a single-family home, meeting the requirements specified in Section 90508.12(c).

g) Day Care home for less than five people.

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

i) Farm labor housing for onsite farm employees (Employee Housing).

j) Farm stand for products grown locally (no processing) subject to Section 90509.12(A).

k) General retail sales for products grown on site (no processing).

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

m) 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.

n) Mineral exploration.

o) Oil, gas and geothermal exploration meeting requirements specified in Division 17.

p) One Single-family dwelling.

q) Residential accessory structure(s).

r) Residential care facility serving five or fewer persons.

s) Single day fund raising event provided it is held no more than twice per year in an approved (meeting all Health and Safety, Traffic and Fire Code regulations) structure or facility. Any such event shall notify the Planning and Development Services Department, Public Works, EHS and Fire at least sixty (60) days prior to the event and request a written approval. The County shall inspect the facilities and may, upon compliance with applicable regulations approve the use. If the facility does not or cannot meet the minimum requirements the County shall not approve and the event shall not be held at the specified location. (Temporary Use Permit.)

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

u) The growing and harvesting of all types of crops including, but not limited to, the following: Berry crops, Bush crops, Field crops, Flowers and horticultural Specialties, Green house, Nursery, Nut and fruit trees, Timber, Vegetables, Vine crops.

v) Wildlife Preserve.

w) Wind driven electrical generator for on-site consumption of electricity.

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

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

a) Abattoir or animal slaughter house and/or meat packing facilities.

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 related trucking business (trucking predominantly agricultural products).

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

e) Animal hospitals, kennels and veterinarians' office.

f) Animal Kennel or boarding facility.

g) Animal sales yards or stockyard.

h) Animal shelters.

i) Animal training facility.

j) 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.

k) Breeding and raising of animals in excess of the limits specified in 90508.01.

l) Cemetery or Mausoleum.

m) Cheese and other dairy product manufacturing.

n) Circus or carnival, Country Club, or other amusement facilities.

o) City, County, State, and Federal enterprises, including buildings, facilities and uses of departments or institutions thereof which are necessary or advantages to the general welfare of the community.

p) Cold storage facilities for agricultural products only.

q) Commercial nurseries.

r) 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).

s) Concrete or Asphalt Batch Plant (Temporary, less than one hundred eighty (180) days).

t) Contract Harvesting businesses (not trucking business).

u) Cotton gins.

v) Dairies.

w) Dehydration mills.

x) Electrical generation plants (less than fifty (50) mw) excluding nuclear or coal fired and meeting requirements in Division 17.

y) Electrical substations in an electrical transmission system (500 kv/230 kv/161 kv).

z) Equestrian establishments, stables and riding academies.

aa) Facilities for the transmission of electrical energy (100—200 kv).

bb) Farm equipment rental agencies.

cc) Farm implement sales and farming related metal fabrication.

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

ee) Flood Control Facility.

ff) Fruit and vegetable packing plants.

gg) Fruit, vegetable and plant product processing including, cold storage, packaging, preserving, canning, and shipping to semi/finished to finished product.

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

ii) Grain storage and loading facilities.

jj) Gun Club.

kk) Hay processing and storage.

ll) Heliports.

mm) Hunting and fishing clubs.

nn) Land application of sludge or similar "waste" material to agricultural land.

oo) Livestock feed yards or stockyards to include onsite agricultural material composting.

pp) 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. The maximum allowance of battery shall be in a ratio of 2 to 1 compared to solar.

qq) Major Geothermal projects per Division 17.

rr) Manufacturing building materials from agricultural products.

ss) Meat and fish packing plants.

tt) Poultry farming including hatching, breeding, butchering, processing or shipping of chickens, turkeys or other foul or poultry, including eggs.

uu) Public Agency Structure.

vv) Resource extraction and energy development as per Division 17.

ww) Scale repair facility (truck or other large unit).

xx) Seed mills.

yy) Small ethanol plant with a capacity not to exceed one million (1,000,000) gallons a year.

zz) Solar energy electrical generator.

aaa) Special occasion facility.

bbb) Temporary real estate offices.

ccc) Temporary construction office/yard.

ddd) Trade fairs and exhibits (temporary, less than ten (10) days).

eee) Transfer station for solid waste.

fff) Transportation, treatment units (TTU's) which are used to process/treat hazardous and/or non-hazardous waste/material and which may or may not require permit from such agencies as Department of Health Services, Regional Water Quality Control Board and Air Pollution Control Board. TTU's shall not be allowed in any zone without the issuance of a Conditional Use Permit. TTU's shall only be considered for permitting if there is an existing industrial, manufacturing or commercial use, and then only for a limited period not to exceed ninety (90) days.

ggg) Waste to energy facility less than ten (10) megawatts.

hhh) Water and/or wastewater treatment plant.

iii) Wind driven electrical generator, for commercial sale as per Division 17.

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

All other uses not expressly permitted by Section 90508.01 or 90508.02 are prohibited.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

No portion of any lot within the A-2 zone shall contain less than forty (40) acres gross (existing parcels at time of adoption of this title are legal), except in the case of a conveyance to or from a governmental agency or public entity, for public purpose, public utility purpose (non-fee) right-of-way. The intent is to maintain agricultural and in the largest farmable parcel configurations.

EXCEPTION: The lot sizes in any lot reduction exception may require minimum net land area per dwelling unit if an OWTS will be used, as required by County Ordinance Section 8.80.150.

LOT REDUCTION EXCEPTION #1

Notwithstanding Section 90508.04, 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 only if the following conditions can be met.

a. The subdivision is to authorize conveyance of an existing 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 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 that 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 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 shall (one-half to ten (10) acre) 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 no more than one principal single-family dwelling per legal lot in the A-2 zone, except with a conditional use permit. There shall be a minimum one acre per dwelling unit, for the first unit, and there shall be a minimum of thirty thousand (30,000) square feet for any additional dwelling unit that may be allowed. However, when an OWTS is proposed for any dwelling unit, the lot area per dwelling unit shall be a minimum of two and one-half acres as set forth in County Ordinance Section 8.80.150.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

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

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

The minimum front yard setback for all buildings within the A-2 zone shall be thirty (30) feet from the front yard property line or edge of public right-of-way, or in absence of a known (identifiable) property line, eighty (80) feet from centerline of any existing or proposed secondary road or highway. In no case shall the front yard minimum setback be less than thirty (30) feet from the edge of right-of-way.

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

Side yard setback on each side of any building of not less than fivefeet, except that on street sides of a corner lot, the building shall be setback a minimum of thirty (30) feet from the edge of right-of-way.

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 setback of not less than ten (10) feet for all structures, except that in the case of through lots that designate rear yard shall be the equivalent of the front yard.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following height limits apply in the A-2 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 airport land use compatibility plan (ALUCP).

C. Nonresidential structures and commercial communication towers shall not exceed one hundred twenty (120) feet in height, and shall meet ALUC plan requirements.

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-2 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 in the A-2 zone shall be provided in accordance with the requirements of Section 90402.01(A), residential uses. Each single-family dwelling shall meet this requirement. Additional parking shall be required for accessory or secondary uses.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

The following signs shall be permitted in the A-2 zone; however, all signs shall be subject to Section 90401 as applicable:

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

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. Signs approved in conjunction with a Conditional Use Permit approved for the site.

5. Temporary agricultural signs as allowed by Section 90401.10.

(Ord. No. 1565, §§ 3, 4, 12-15-20)

Landscaping for nonresidential development in the A-2 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 special review procedures and development standards shall apply in the A-2 zone:

A. Temporary farm stand for the sale of agriculture, horticultural or farming products, permitted within the A-2 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 sixty (60) 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 or RV.

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 Title 12.04 et al. of the Imperial County Codified Ordinances.

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)