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Inyo County Unincorporated
City Zoning Code

CHAPTER 18

78 GENERAL REGULATIONS

§ 18.78.010 General regulations.

The provisions of this title shall be subject to the general regulations, special requirements and exceptions contained in Sections 18.78.020 through 18.78.320.
(Ord. 943 § 4, 1994)

§ 18.78.020 State and federal laws.

Nothing in this title shall establish rules and regulations where in conflict with state or federal law.
(Ord. 943 § 4, 1994)

§ 18.78.030 Voting places.

Nothing in this title shall limit or interfere with the temporary use of any property as a public voting place.
(Ord. 943 § 4, 1994)

§ 18.78.040 Height limitations-Exceptions.

The height limitations of this title shall not apply to such features as chimneys, church spires or flag poles.
(Ord. 943 § 4, 1994)

§ 18.78.050 Prior use permits.

A use lawfully established in conformance to the conditions of a use permit issued prior to May 20, 1970, may be continued in conformance to said conditions, subject to any applicable provisions of this title.
(Ord. 943 § 4, 1994)

§ 18.78.055 Minimum lot size-Generally.

Notwithstanding any other provision of this title, any zoning classification of this title may be coupled with a minimum lot size limitation figure which is then an inherent part of that zoning classification. Each of the zoning classifications in this title contains a minimum lot size. That designated minimum size shall control over the provisions of this section, except that a larger minimum size may be substituted.
(Ord. 943 § 4, 1994)

§ 18.78.057 Minimum lot size-Rezone nonapplicability.

Minimum lot size provisions contained in this title shall not be construed to prohibit rezoning of existing lots which would be of substandard size under the proposed classification where the planning commission and the board of supervisors find the rezoning to be in the public interest.
(Ord. 943 § 4, 1994)

§ 18.78.060 Yards-Generally.

In order to secure minimum basic provision for light, air, privacy and safety from fire hazards, every building hereafter constructed shall be upon a lot which provides for the yards specified for the district in which it is located; and Sections 18.78.070 through 18.78.110 shall control.
(Ord. 943 § 4, 1994)

§ 18.78.070 Rear and side yards.

Every required rear yard shall extend across the full width of the lot adjacent to the rear lot line. Every required side yard shall extend along the side lot line from the front yard or, if there is no front yard, shall extend from the front lot line to the rear lot line. The depth of the required rear yard and the width of the required side yard shall be measured inward from and at right angles to the lot line.
(Ord. 943 § 4, 1994)

§ 18.78.080 Front yards.

Every required front yard shall extend across the full width of the lot adjacent to the front lot line. The depth of the required front yard shall be measured inward from and at right angles to the front lot line.
(Ord. 943 § 4, 1994)

§ 18.78.090 Yards-Mapped streets.

Wherever a future width line established in accordance with the general plan of the county to indicate the proposed opening or widening of any thoroughfare traverses any property, the required depth of a front yard or of an exterior side yard shall be measured inward from such established future street line. Where a street or portion thereof has been established but not dedicated, and the street is generally held open for public use, even though not shown upon the general plan, the planning commission shall establish the street lot lines, based on the existing use of such street, and the required yards shall be measured inward therefrom.
(Ord. 943 § 4, 1994)

§ 18.78.100 Front yard exceptions.

The depth of front yard may be reduced as specified in this section; provided, that the exceptions shall not be construed to permit any building to extend over an established future street line or an established front lot line:
A. 
A building on a lot between two lots in which existing buildings extend into the required front yard shall be provided with a front yard not less in depth than the average of that provided on the adjacent lots;
B. 
Where the nonconforming front yard exists on only one side of a lot, the building thereon may project into the required front yard by one-half the distance of the extended portion of the building on the adjacent lot;
C. 
Where five or more contiguous lots fronting on the same street are developed under concurrent building permits issued to the same builder, the required depth of front may be met by yards of varying depth whose average depth is not less than the minimum specified for the district; provided, that the maximum reduction so allowed shall not exceed twenty percent of the requirements and further that any increased front yard depth over and above twenty percent of the requirement shall not be included in the calculation of the average.
(Ord. 943 § 4, 1994)

§ 18.78.110 Permitted projections into yards.

The following features of a building may project into a required yard to the extent specified:
A. 
Cornices, eaves or other architectural features which do not increase the volume enclosed by the building may project but not to exceed two feet;
B. 
An uncovered stair, landing or porch which does not extend above the level of the ground floor, except for a protective railing, may project not more than six feet into a front or rear yard, and not more than three feet into a required side yard, but shall not be less than thirty inches from any side lot line.
(Ord. 943 § 4, 1994)

§ 18.78.120 Accessory uses.

An accessory use is permitted in any district, subject to the limitations set forth in this title, when located on the same lot as a lawfully existing principal use to which it is incidental and subordinate. No use shall be deemed to be an accessory use which increases the number of dwelling units on any lot beyond that permitted in the district.
(Ord. 943 § 4, 1994)

§ 18.78.130 Home occupations.

No home occupation shall be deemed to be or be permitted as an accessory use in the residential (R), rural residential (RR) or open spaces (OS) districts, which involves or requires any of the following:
A. 
The employment of more than one full time equivalent employee that is not a resident family or household member;
B. 
Any alteration in the residential character of the premises;
C. 
Any outdoor storage or display of equipment, appliances, materials or supplies;
D. 
Maintenance on the premises of any stock of goods for sale or rental which are not homemade;
E. 
Generation of vehicular traffic that exceeds fifteen round trips per day to the home occupation and any hours of operation that are not between seven a.m. and eight p.m., or activities that generate objectionable noise, glare, vibration, odor or electrical disturbance;
F. 
Use of rooms that are not directly needed for the preparation, packaging, storage or handling of products and related ingredients or equipment, or both, or rooms within the home that are not used exclusively for storage for the specific home occupation;
G. 
Advertisement of the address of the property to attract customers, clients or the public to the premises.
(Ord. 943 § 4, 1994; Ord. 1175 §§ 2—5, 2013)

§ 18.78.140 Swimming pools.

A swimming pool is a permitted accessory use in any district; provided, however, that no swimming pool shall be located in a required front yard, or be nearer than three feet to any fence or building wall.
(Ord. 943 § 4, 1994)

§ 18.78.150 Accessory buildings.

Accessory buildings, including, but not limited to, sheds, barns, detached garages, shipping containers, metal freight boxes, and greenhouses shall comply with the requirements set forth below.
A. 
No detached accessory building shall be located within ten feet of any building;
B. 
No detached accessory building shall be located within five feet of the rear or side lot line;
C. 
No detached accessory building shall have a height in excess of twenty feet except as otherwise specifically provided in the regulations of the specific zoning district;
D. 
No accessory building shall occupy any part of a required front yard; and no accessory building shall be placed in front of the primary structure when located within R1 and RMH districts;
E. 
On a corner lot which is not within a R-1 district and abuts a key lot, no accessory building shall be nearer the street than a distance equal to one-half the depth of front yard required on the key lot;
F. 
Where an accessory garage is accessible to vehicles from an alley, it shall be located not less than thirty feet from the opposite side of the alley and in no case closer than five feet to the rear lot line;
G. 
Signs, including advertising, shall not be permitted on or attached to accessory buildings except those required by law that contain public safety information;
H. 
Accessory buildings shall not be stacked;
I. 
Accessory buildings shall be painted to similarly match the primary structure or the surrounding landscape;
J. 
Accessory buildings whole or in part that are proposed as primarily structures and/or part of a primary structure shall be constructed with material that meets all building and safety requirements and their use is subject to the approval of the building official and of subsections G, H, and I of this section.
(Ord. 943 § 4, 1994; Ord. 1233 § 2, 2018; Ord. 1290 § 18, 2022)

§ 18.78.160 Fences, walls and hedges-Generally.

Fences, walls and hedges as regulated in this chapter may occupy any yard area. Except as otherwise provided, no fence, wall or hedge shall have a height in excess of six feet. No fence, wall or hedge in a required front yard, in the required street side yard of a corner lot, or in that part of the rear yard of a corner lot which abuts the required front yard of a key lot, shall have a height in excess of three and one-half feet. The term "wall" as used in this section shall not be deemed to apply to the wall of a building or to the supporting portion of a retaining wall.
(Ord. 943 § 4, 1994)

§ 18.78.170 Fences, walls and hedges-Exceptions to height limitations.

The limitations of this chapter shall not apply where a greater height is required by any other ordinance, or is allowed by a variance or specified in connection with the authorization of a conditional use. A protective fence enclosing any public property or an open area for games or a swimming pool shall not be subject to said limitations, if constructed of wire or steel mesh capable of transmitting at least ninety percent light.
(Ord. 943 § 4, 1994)

§ 18.78.180 Fences, walls and hedges-Measurement of height.

The height of a fence, wall or hedge shall be measured from the finished level of the ground beneath it on the premises required to provide it. Where the fence or hedge rises directly above a retaining wall along a lot line, or above, parallel with and within four feet of such a wall, the permitted height of a fence not required by this title shall be reduced by one-half the height of the supporting portion of the retaining wall, but in no case to less than three feet.
(Ord. 943 § 4, 1994)

§ 18.78.190 Temporary uses.

This title shall not be construed to prohibit the following temporary uses in any district:
A. 
A temporary building or use necessary and incidental to the construction of a building or group of buildings, when located in the same or abutting property and only during the period of construction;
B. 
The open air sale of Christmas trees during the Christmas season, in any C, OS or M district;
C. 
The use of a recreational vehicle as a temporary emergency dwelling following a disaster pursuant to the regulations found in Chapter 18.83 of this title.
(Ord. 943 § 4, 1994; Ord. 1286 § 2, 2022)

§ 18.78.200 Conditional temporary uses.

The following temporary uses are conditional uses in the specified districts, and shall be permitted only if approved by the planning commission:
A. 
In any R district, a tract and sales office during the period of construction and original sale of the lots or buildings in a new subdivision; provided, that the office and accessory signs allowed by the conditions of the approval shall be removed and all the district regulations applied within ten days after the expiration of a time limitation which shall be specified in each instance;
B. 
In any district, a directional sign, which shall consist solely of the name and location of a new tract or subdivision and directions for reaching same; provided, that every such sign shall be removed within ten days after the expiration of a time limitation of one year from the date of time approval.
(Ord. 943 § 4, 1994)

§ 18.78.230 Nonconforming uses and buildings.

Any use lawfully occupying a building or land, at the time of adoption of the ordinance codified in this title or of any subsequent amendment thereto, which does not conform to the regulations of the district in which it is located is a nonconforming use, and may continue except as otherwise provided herein. Any building lawfully existing, at the time of adoption of the ordinance codified in this title or of any subsequent amendment thereto, which is wholly or partially used for or designed for use contrary to the regulations of the district in which it is located, or which is by reason of its height or bulk, or with respect to the yards or parking spaces about it or in any other manner deficient with respect to such regulations, is a nonconforming building, and may continue except as otherwise provided herein.
(Ord. 943 § 4, 1994)

§ 18.78.240 Nonconforming uses-Changes.

No nonconforming use shall be enlarged or extended so as to occupy a greater area of land or of a building than that occupied at the time it became a nonconforming use.
(Ord. 943 § 4, 1994)

§ 18.78.250 Nonconforming buildings-Changes.

A nonconforming building shall not be enlarged, extended or structurally altered without submission of, and approval by, the planning commission of a conditional use permit application. No nonconforming use of a building shall be changed to a different nonconforming use, except upon application to and approval by the planning commission as provided for a conditional use.
(Ord. 943 § 4, 1994)

§ 18.78.260 Nonconforming dwellings-Exception.

A dwelling in any R district which is nonconforming only with respect to a deficiency in yard dimensions or in parking spaces may be structurally altered or enlarged; provided, that any addition or enlargement shall itself be fully conforming, and that the number of dwelling units in the structure shall not be increased.
(Ord. 943 § 4, 1994)

§ 18.78.270 Nonconforming buildings-Maintenance.

Ordinary maintenance and minor repair of a nonconforming building is permitted; provided, that the aggregate cost of the work done in any period of twelve months on minor alterations or replacement of interior walls, fixtures or plumbing shall not exceed twenty-five percent of the assessed value of the building for the first year in which the work was done.
(Ord. 943 § 4, 1994)

§ 18.78.280 Nonconforming buildings-Restoration.

The restoration of a nonconforming building that is damaged or partially destroyed by fire, explosion, act of God, or of the public enemy to the extent of fifty percent or less shall be permitted; provided, that such restoration is permitted by the building code of the county and is started within one year and diligently prosecuted to completion. Except as specified in Section 18.78.285, a nonconforming building that is completely destroyed, or partially destroyed to a greater extent than above specified, shall not be restored except in full conformity with all the regulations of this title. The proportion of damage or partial destruction shall be based upon the ratio of the estimated cost of duplicating the entire structure as it existed prior thereto.
(Ord. 943 § 4, 1994; Ord. 1150 § 2, 2010)

§ 18.78.285 Nonconforming buildings-Reconstruction of residences regardless of the extent of destruction.

Notwithstanding Section 18.78.280, the restoration of a nonconforming one-family or multiple dwelling that is damaged or destroyed by fire, explosion, act of God, or of the public enemy shall be permitted regardless of the extent of destruction, provided that such restoration or reconstruction has equal to or less floor area and a similar building footprint and height as the destroyed nonconforming one-family or multiple dwelling, that such restoration is permitted by the building code of the county, and is started within one year and diligently prosecuted to completion.
(Ord. 1150 § 3, 2010)

§ 18.78.290 Nonconforming uses-Termination.

Whenever a nonconforming use of a building in any district is changed to a conforming use, or is abandoned, such use shall not thereafter be re-established. Where no enclosed building is involved, a nonconforming use shall not be re-established after discontinuance thereof for a period of six months. If the nonconforming use is an advertising sign, it shall be terminated within three years after the date at which it became nonconforming. If the nonconforming use constitutes pollution causing a threat to the health, welfare and aesthetics of the land and people of Inyo County, thereby constituting a nuisance, it shall be terminated within ninety days.
(Ord. 943 § 4, 1994)

§ 18.78.300 Nonconforming structure-Mobilehomes-Substitution.

The substitution of a nonconforming mobilehome structure for another such structure will be permitted if such substitution is made within six months of the removal of the nonconforming structure, and if the substitute structure utilizes the same site and utility facilities.
(Ord. 943 § 4, 1994)

§ 18.78.310 Maintenance of animals.

A. 
The maintenance of animals in the one-family residential (R-1), two-family residential (R-2), and multiple residential (R-3) zones on lots of less than one-half acre are permitted as an accessory use subject to the following conditions:
1. 
Domestic pets such as dogs and cats are permitted.
2. 
No animals of any kind shall be bred, raised, maintained or slaughtered for any commercial purpose.
3. 
No large livestock or large farm animals, such as horses, mules, donkeys, cattle, shall be bred, raised, maintained or slaughtered for any purpose.
4. 
Small livestock or small farm animals such as pigs, goats, sheep, pigeons, poultry and rabbits may be bred, raised or maintained for domestic or educational purposes, or youth agriculture programs, subject to the following restrictions:
a. 
Pigs, goats, sheep and similar animals shall not exceed two in number;
b. 
Pigeons, poultry, rabbits and similar animals shall not exceed 25 in number;
c. 
No structure or shelter for animals shall be located closer than five feet to any property line;
d. 
Maximum height of any structure or shelter for animals shall be 15 feet.
5. 
The breeding, raising, maintenance of animals allowed by subsection A of this section shall comply with all other state and county requirements and ordinances.
B. 
The maintenance of animals in the one-family residential (R-1), two-family residential (R-2), and multiple residential (R-3) zones on lots of one-half acre or more, and in all other zones regardless of lot size, shall be permitted as an accessory use so long as such use complies with all other state and county requirements and ordinances.
C. 
No structure or shelter including cages, pens and corrals for animals shall be located closer than five feet to any property line, within 10 feet of a stream if the area is vegetated, or within 30 feet of a stream if it is not vegetated. In no instance shall stock water access be impeded.
D. 
No owner of any animal shall do any of the following:
1. 
Allow an animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, biting, barking, howling or making other noises.
2. 
Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or community or any considerable number of other persons.
3. 
Maintain a dangerous animal in a manner that creates a significant threat to the public health, safety and welfare.
(Ord. 943 § 4, 1994; Ord. 1290 §§ 16, 17, 2022; Ord. 1319, 6/24/2025)

§ 18.78.320 Pollution prohibited.

Any use which pollutes any human or natural resource is prohibited in all zoning designations.
(Ord. 943 § 4, 1994)

§ 18.78.330 Hydroelectric facilities.

The construction and operation of hydroelectric facilities shall be a conditional use in all zones. Hydroelectric facilities shall include but not be limited to diversion structures, penstocks, generating facilities and electrical distribution lines. Hydroelectric facilities located on federal lands or on privately owned lands which generate electricity which is utilized solely on that property for domestic purposes shall be exempted from this provision.
(Ord. 943 § 4, 1994)

§ 18.78.340 Accessory dwelling units.

Accessory dwelling units ("ADUs") are permitted in all residential and mixed use zones. Regulations found in this title regarding principally permitted dwelling units in the residential and mixed use zones apply to ADUs; provided, however, that if such regulations conflict with state law regarding ADUs, state law shall prevail.
(Ord. 997 § 13, 1998; Ord. 1264 § 1, 2021)

§ 18.78.360 Commercial cannabis.

A. 
Conditional use permits are required in all instances of land use involving commercial cannabis activities. Issuance of any conditional use permit for commercial cannabis activities shall be contingent upon the commercial cannabis activity being conducted in compliance with all applicable state and local laws, including, but not limited to, Inyo County Code Chapters 3.50 (Cannabis Business Tax) and 5.40 (Commercial Cannabis Business License).
B. 
Conditional use permits for commercial cannabis activities are potentially available as follows:
1. 
Cultivation—In the open space, rural residential, heavy industrial and extractive, and light industrial zones;
2. 
Manufacturer Level 1—In the open space, heavy commercial, light industrial and heavy industrial and extractive zones;
3. 
Manufacturer Level 2—In the general industrial and extractive zone;
4. 
Non-Storefront Retail—In the general commercial, heavy commercial and light industrial zones;
5. 
Retailer—In the central business, general commercial and retail, highway service and tourist commercial; distributor—in the heavy commercial, general industrial and extractive and light industrial zones; and
6. 
Microbusiness—In the open space, heavy commercial, general industrial and extractive and light industrial zones so long as the authorized microbusiness does not otherwise expand the types of permitted land uses within said zones.
C. 
Consistent with California Business and Professions Code Section 26054(b), no commercial cannabis activities shall be conditionally permitted on a parcel within a six hundred-foot radius of 123 School Road, Olancha CA 93545, or a park or library in existence at the time the conditional use permit application is deemed complete by the Inyo County planning department. This section shall not include the area commonly known as "laws"; provided that any cultivation in laws shall be indoors and subject to odor mitigation requirements.
D. 
Consistent with California Health and Safety Code Section 11362.3, no conditional use permit authorizing the smoking of cannabis or cannabis products shall be issued for a parcel within one thousand feet of a park or library while children are present at any such facility.
E. 
Additional conditions beyond the minimum standards may be required to mitigate potential impacts identified in the county's consideration of an application for a conditional use permit for commercial cannabis activity, including, but not limited to, measures to eliminate odor, unnatural light pollution and impacts to visual resources.
F. 
In addition to any requirements set forth in Inyo County Code Chapter 18.81, notice shall be provided to all properties located within one thousand five hundred feet of the property the commercial cannabis activity is proposed on.
(Ord. 1221 § 16, 2018; Ord. 1243 § 2, 2019; Ord. 1248 §§ 3, 4, 2019)

§ 18.78.370 Hemp.

Conditional use permits are required in all instances of land use involving hemp activities. Issuance of any conditional use permit for hemp activities shall be contingent upon the hemp activity being conducted in compliance with all applicable state and local laws, including, but not limited to, regular testing of the hemp to determine compliance with potency levels at the reasonable discretion of the county commercial cannabis permitting office (C3PO). Hemp activities are prohibited in any Inyo County cannabis business license zones where commercial cannabis activities are prohibited.
(Ord. 1236 § 1, 2018)