Article III — ZONES

• (a) Intent. It is the intent of the R-1 residential zone to provide for the development of low density single family homes on lots, not less than six thousand (6,000) square feet in area, and the protection of these zones from incompatible uses.

• (b) Permitted Uses. The following uses shall be permitted in an R-1 zone.

  • (i) Single family dwellings

  • (ii) Detached second dwelling units on lots with land area exceeding 15,000 square feet, subject to the following provisions:

    1. The second residential dwelling unit shall be separated from the primary residential unit a minimum of twenty feet (20’); and

    2. All provisions outlined in Section 3.01 (c) (2) through Section 3.01(c) (6) of this Ordinance.

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(iii) Accessory buildings and structures incidental to the above use.

• (c) Conditional Uses. The following shall be permitted in an R-1 zone subject to a Conditional Use Permit:

  • i. Second dwelling units subject to the following provisions and in accordance with California Government Section 65852.1 et seq.

    1. Second dwelling units shall be conditionally permitted on R-1 zoned parcels with an existing single-family residence, or if the lot is vacant and is to be developed in conjunction with the construction of the primary single family residence.

    2. Attached and detached secondary dwelling units shall not exceed fifty percent of the floor area of the primary residence, or one-thousand square feet, whichever is less.

    3. In addition to the required parking for the primary residence, a minimum of one (1) off-street parking space shall be provided. Direct access to the second unit shall be provided from a public right-of-way.

    4. All development standards shall apply to both the primary residence and the second unit as a whole. This includes, but is not limited to, lot coverage maximum, setback requirements, and infrastructure requirements.

    5. Second dwelling units shall not be separated sold or subdivided, and the owner of the subject property shall be occupant of either unit.

    6. Second units may be rented subject to Council approval, provided that the second unit is rented to “low” and “very-low” income households as defined by the most currently published State Housing and Community Development (HCD) income limits for Imperial County. The Property owner shall enter into and record an affordable housing contract with City for as long as the second unit exists and shall run with the land.

  • ii. Churches

  • iii. Education institutions

  • iv. Public service buildings including libraries

  • v. Public parks and recreational facilities

  • vi. Public utility structures

  • vii. Home occupations

• (d) Property Development Standards. The following property development standards shall apply to all land and buildings in an R-1 zone:

  • i. Lot Area Minimum: six thousand (6,000) square feet

  • ii. Lot width minimum: fifty (50) feet

  • iii. Lot Width minimum one hundred twenty (120) feet

• iv. Front Yard Minimum: twenty (20) feet. A carport, subject to planning Commission review and approval, may encroach within the front yard setback, provided that it is an open-frame structure and does not obstruct visual lines of sight from the roadway(s).

  • v. Side Yard Minimum: five (5) feet, except that on a corner lot the side yard on the street side shall be a minimum of eight (8) feet.

  • vi. Rear Yard Minimum: twenty (20) feet.

  • vii. Building Height Maximum: thirty-five (35) feet.

  • viii. Lot Coverage Maximum: fifty percent (50%)

  • ix. Off-Street Parking Requirements: see Section 4.5

  • x. Fences, Walls and Hedges: see Section 4.7

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• xi. Signs: see Section 4.8

• (a) Intent. It is the intent of the R-2 residential zone to provide for multi-family residential development at low and medium densities on lots not less than six thousand (6,000) square feet in area, and the protection of these zones from incompatible uses.

• (b) Permitted Uses. The Following uses shall be permitted in an R-2 zone:

  • i. Any use permitted in the R-1 zone.

  • ii. Two and three family residential dwellings

  • iii. Accessory buildings and structures incidental to the above use.

• (c) Conditional Uses. The following shall be permitted in an R-2 zone subject to a Conditional Use Permit (see Section 5.02):

  • i. Four or more family residential dwellings, but less than fifteen.

  • ii. Churched

  • iii. Educational institutions

  • iv. Public service building including libraries

  • v. Public parks and recreational facilities

  • vi. Public utility structures

  • vii. Home occupations

• (d) Property Development Standards. The following property development standards shall apply to all land and buildings in an R-2 zone:

  • i. Density: No lot shall contain less than two thousand (2,000) square feet per dwelling unit.

  • ii. Lot Area Minimum: seven thousand (7,000), square feet.

  • iii. Lot width Minimum: fifty (50) feet

  • iv. Lot Depth Minimum: one hundred forty (140) feet

  • v. Front Yard Minimum : twenty (20) feet

  • vi. Side Yard Minimum : five (5) feet, except that on a corner lot the side yard on the street side shall be a minimum of eight (8) feet.

  • vii. Rear Yard Minimum: twenty (20) feet

  • viii. Building Height Maximum: thirty-five (35) feet

  • ix. Lot Coverage Maximum: fifty percent (50%)

  • x. Off - Street Parking Requirements : see Section 4.5

  • xi. Fences, Walls and Hedges : see Section 4.7

  • xii. Signs : see Section 4.8

• (a) Intent. It is the intent of the R-4 residential zone to provide for the development of high density multi-family homes, and the protection of these zones from incompatible uses.

• (b) Permitted Uses. The following uses shall be permitted in an R-4 zone.

  • i. Single family dwellings

  • ii. Mobile home parks, subject to Section 4.10 (Mobile Home Park Development Standards) of this Zoning Ordinance

  • iii. Accessory buildings and structures incidental to the above use.

• (c) Conditional Uses. The following shall be permitted in an R-4 zone subject to a Conditional Use Permit:

  • i. Multi-family dwellings up to four units

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• ii. Four or more family residential dwellings

• iii. Churches

• iv. Educational institutions

• v. Public service building including libraries.

• vi. Public parks and recreational facilities

• vii. Public utility structures

• viii. Home occupations

• (d) Property Development Standards. The following property development standards shall apply to all land and buildings in an R-4 zone:

  • i. Density: No lot shall contain less than fifteen hundred (1,500) square feet per dwelling unit

  • ii. Lot Area Minimum: seven thousand five hundred (7,500), square feet.

  • iii. Lot width Minimum: fifty (50) feet

  • iv. Lot Depth Minimum: one hundred forty (140) feet

  • v. Front Yard Minimum: fifteen (15) feet

  • vi. Side Yard Minimum: five (5) feet, except that on a corner lot the side yard on the street side shall be a minimum of eight (8) feet

  • vii. Rear Yard Minimum: twenty (20) feet

  • viii. Building Height Maximum: thirty-five (35) feet

  • ix. Lot Coverage Maximum: fifty percent (50%)

  • x. Off Street Parking Requirements: see Section 4.5

  • xi. Fences, Walls and Hedges: see Section 4.7

  • xii. Signs: see Section 4.8

• (a) Purpose and Intent. The Recreational Vehicle Park Overlay Zone is intended to allow recreational vehicle parks in areas suitable for such use subject to restrictions otherwise required by the provisions of this Ordinance. Whenever the Recreational Vehicle Park (- RV) Overlay Zone is placed on the official zoning map, the designation –RV shall be indicated after the zoning area over which it is placed (e.g., C-RV). The regulations of the –RV Overlay Zone shall apply in addition to the regulations of the principal zone of the area to which it is applied. Whenever a use is permitted in the –RV Zone, the use shall be permitted in addition to the uses otherwise allowed in the area over which it is placed. In the event that regulations of the underlying zone conflict with the provisions of the overlay zone, the more stringent regulation shall apply.

(b) Definitions.

• i. Recreational vehicle. Recreational vehicle is a motor home, travel trailer, truck camper, or camping trailer with or without motive power designed for human habitation for recreational or emergency occupancy.

• ii. Recreational vehicle Park. Recreational Vehicle Park is any property where one or more lots are rented to users of recreational vehicles and which are occupied for temporary purposes.

• iii. Recreational vehicle site. A plot of ground within a recreational vehicle park for one recreational vehicle, automobile and camping party.

• (c) Permitted Uses. All uses permitted by this overlay zone are subject to a Conditional Use Permit in accordance with provisions set forth in Section 5.02 of this Ordinance.

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• i. Recreational vehicle parks which includes any lot or parcel where two or more recreational vehicles are stored and/or occupied as temporary residences, regardless of whether or not a fee is charged for such accommodations.

• ii. Accessory uses limited to a permanent residence for the manager, vending machines and recreational facilities for the exclusive use of the park occupants.

• iii. Any commercial activity which is related to and necessary for the operation of the park. No signs advertising the presence of such commercial activity shall be visible from a public street.

• (d) Property Development Standards. The following property development standards shall apply to all land and buildings in the –RV overlay zone:

  • i. Lot Area Minimum: one and a half acres.

  • ii. Lot width minimum: one-hundred fifty (150) feet

  • iii. Lot Depth Minimum: none

  • iv. Site Size. Each recreational vehicle site shall have a minimum site size of twelvehundred square feet (1,200sf)

  • v. Front Yard Minimum: fifteen feet (15’)

  • vi. Side Yard: No minimum except as provided in the Building Code for separation of structures, and a minimum of ten feet (10’) on the street side of a corner lot, and a minimum of twenty feet (20’) of landscaped area shall be provided on a side adjoining any “R” zone.

• vii. Rear Yard: No minimum except as provided in the Building Code for separation of structures and a minimum of twenty feet (20’) of landscaped area shall be provided on a side adjoining any “R” zone.

  • viii. Separation. Recreational vehicle parking pads shall be located to maintain a tenfoot separation between recreational vehicles.

  • ix. Building Height Maximum: thirty-five (35) feet.

  • x. Lot Coverage Maximum: eighty percent (80%)

  • xi. Landscaping. All required yards shall be landscaped

  • xii. Required Facilities

    1. A recreation area of at least five thousand (5,000) square feet shall be provided in addition to the required landscaping. Recreation equipment, such as a pool, playground, and picnic tables, and a service building, including toilets, showers, and laundry, can be located within the recreation area.

2. Sanitation Facilities

• a. A minimum of one toilet and one lavatory for each sex shall be provided for the exclusive use of the park occupants. An additional toilet and lavatory for each sex shall be provided for each fifteen (15) sites or fraction thereof which is not provided with a water connection and a three-inch drain inlet for connection to a vehicle equipped with a toilet.

• b. A minimum of one shower for each sex and one washer and dryer is required.

• c. Trailer sanitation stations designed to receive the discharge of sewage holding tanks for self-contained vehicles shall be installed in an accessible location in every recreational vehicle park in which there are sites not provided with drain inlets designed to receive the discharge of toilets. Trailer sanitation stations shall be provided on the basis of one station for each one hundred (100) such sites or fraction thereof.

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• d. Trash containers shall be located within three hundred (300) feet of every recreational vehicle site and enclosed with a masonry fence six feet in height.

• xiii. Off-street Parking Requirements: One visitor parking space shall be provided for every fifteen (15) recreational vehicle sites or fraction thereof.

• xiv. Fences, Walls, and Hedges: see Section 4.7

• xv. Signs: see Section 4.8

• (a) Intent. It is the intent of the Commercial (C) zone to provide areas within the community which are primarily retail and service business in character, and to provide as a conditional use for more intense uses which are customarily accomplished at the commercial place of business. The Commercial (C) zone is intended to accommodate general commercial, office and other highway- oriented businesses and transportationrelated service facilities which serve city-wide and transportation corridor-related needs. Primary uses in the Commercial (C) zone should be directed towards the provision of goods and services to the residents of Westmorland.

• (b) Permitted Uses. Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses, plus such other uses as the Planning Commission determines to be similar or not more obnoxious or detrimental to the public health, safety and welfare. The following uses shall be permitted in a (C) zone.

  • i. Retail uses engaged in selling merchandise for personal and/or household consumption, and

  • ii. Financial and professional services and office uses which are conducted in office buildings or clinics.

  • iii. Commercial recreation uses whose primary function is to provide amusement or entertainment.

  • iv. Private non profit institutions and organizations

  • v. Hotels and Motels.

  • vi. Parking lots.

  • vii. Transportation terminals.

• (c) Conditional Uses. The following shall be permitted in a C zone subject to a Conditional Use Permit (see section 5.02):

  • i. Automobile repair, painting or washing related uses.

  • ii. Churches

  • iii. Educational institutions

  • iv. Heavy agricultural machinery and equipment sales and rentals.

  • v. Public service buildings including libraries

  • vi. Public parks and recreational facilities

  • vii. Public utility structures

  • viii. Wholesale distributors.

  • ix. Storage of empty bee hives and equipment pertaining to bees.

• (d) Property Development Standards. The following property development standards shall apply to all land and buildings in a C zone:

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City of Westmorland

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• i. Lot Area Minimum: seven thousand five hundred (7,500) square feet.

• ii. Lot Width Minimum: fifty (50) feet.

• iii. Lot Depth Minimum: one hundred fifty (150) feet.

• iv. Front Yard Minimum: Ten feet (10’)

• v. Side Yard: No minimum except as provided in the Building Code for separation of structures, and a minimum of ten feet (10’) on the street side of a corner lot, and a minimum of fifteen feet (15’) shall be provided on a adjoining any “R” zone.

• vi. Rear Yard: No minimum except as provided in the Building Code for separation of structures and a minimum of ten feet (10’) shall be provided upon that portion of a lot abutting or across a rear street from any “R” zone. Where there is an alley or other right-of-way separating the commercial use from the “R” zone, the minimum rear yard shall be ten feet (10’) or as required by the Planning Commission.

• vii. Building Height Maximum: thirty-five (35) feet

• viii. Lot Coverage Maximum: eighty percent (80%)

• ix. Off-Street Parking Requirements : see Section 4.5

• x. Off Street Loading Requirements : see Section 4.6

• xi. Fences, Walls, and Hedges: see Section 4.7

• xii. Signs: see Section 4.8

• (a) Intent. It is the intent of the Industrial (1) zone to provide for wholesale uses as well as those industrial uses that include manufacturing, assembly or processing and which require large storage areas.

• (b) Permitted Uses. The following uses shall be permitted in an I zone:

  • i. Any of the following uses provided that such operations, manufacturing, assembly or processing are not obnoxious or offensive by reason of emission of odor, dust, gas, fumes, smoke, glare, wastes, noise, vibrations, disturbance, or other similar causes which may impose hazard to life or property.

  • ii. Wholesale and warehouse uses which include establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional users or to other wholesalers. The function of bulk storage and related uses is also included in this classification.

  • iii. Manufacturing which includes establishments primarily engaged in assembly, processing, packaging or treatment of various food stuffs or natural or personmade materials.

  • iv. Storage of empty bee hives and equipment pertaining to bees.

  • v. Tractor/Truck repairing, painting or washing and related uses.

• (c) Conditional Uses. The following shall be permitted in an I zone subject to a Conditional Use Permit (SECTION 5.02):

  • i. Establishments or enterprises involving large assemblages of people or automobiles.

  • ii. Commercial storage of oil, gasoline or petroleum products.

• (d) Property Development Standards. The following property development standards shall apply to all uses and buildings in an I zone.

  • i. Lot Area Requirements: none

  • ii. Front Yard Minimum. Fifteen feet (15’)

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• iii. Side Yard: A minimum of ten (10) feet on the street side of a corner lot. Also, a minimum of fifteen feet (15’) shall be provided on a side adjoining any “R” Zone.

• iv. Rear Yard: A minimum of twenty-five (25) feet shall be provided upon that portion of a lot abutting or across a rear street from any “R” zone.

• v. Building Height Maximum: fifty (50) feet

• vi. Off Street Parking Requirements: see Section 4.5

• vii. Off Street Loading Requirements: see Section 4.6

• viii. Fences, Walls, and Hedges: See Section 4.8

• ix. Signs: see Section 4.7

• (a) Intent. It is the intent of the Open Space (OS) zone to provide open space for the preservation of natural resources, managed production of resources, open space for outdoor recreation, and for the protection of public health and safety.

• (b) Permitted Uses. The following uses shall be permitted in an OS Zone.

  • i. Agricultural land and areas of economic importance for the production of food or fiber

  • ii. Areas required for the preservation of plant and/or animal life

  • iii. Areas which require special management or regulation because of hazardous conditions

  • iv. Open space for outdoor recreation, including parks and utility easements.

• (c) Conditional Uses: The following shall be permitted in an OS zone subject to a Conditional Use Permit (see Section 5.02):

  • i. Commercial recreation facilities

  • ii. Residential uses on parcel with a minimum of ten (10) acres

  • iii. Public utility structures

  • iv. City Hall, Fire Station and/or Police Department.