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HomeMy WebLinkAbout81 - 25 PLANNING COMMISION MINUTES & AGENDAS MARCH 10, 1982 4 OF 9c. If there is a residence or mobile - home on the property to be retained by the person making the conveyance, he may retain the residence or mobilehome with twelve thousand five hundred (12,500) square feet or nxora and convey the remainder of the prop- erty to the contiguous owner,. 6. If a parson daeirem to construct a;. resi- dence an his propovty for use in compliance with the provisio.a of this section, one (1) parcel of twelve thousand five. hundred (12,500) square feet or more may be dividrrd for the purpose of financing a reeidance into a person had divided one (1) parcel from Us property pursuant to r.his paragraph, he slay act at Any time 'thereafter cause a second Parcel to be divided from the property pursuant to this paragraph. However, if a pergon who has created end (1) parcel pursuant to t',,3ri paragraph, conveys toart or all of his property,. his suuceosorn in interest shall also have the rirght to create cAe (1) parcel pursuant to this paragraph if they meet oil the rtquirtmenta of tbis paragraph, (Amended by Ord, iso. 2112, offacttvc June 1, 1978) 7, If m person desirea to sell. hits ;property but wishes to retain a parcel, of lend containing A residence or mubilehomb which has been established in accordance: with All applicable building and toning regulations and which had existed on that property for at least three (3) Yeats, one (1) parcel of twelve thou- 84h4 five hundred (12,500) square feet or tort may be divided for fibs? purpose. 8. If u DO-Tson desiten to dell a residence, othdr than a mobilphome, which :sae ex- ibted on the property for at least ten (10) Yeats, and retain the balance of the property, h parcel of twelve thou- sand five hundred (12,500) square feet or tore may b► divided for this purpose. If there is i.re than ane such residence - on the property, there_ may be more than an® division of land pursuant to this paragraph. '9. the iolloutng trantactions, do not con• form to the aforementioned nighty (80) acre libitation buil they do havv the folloviat apocial tempo ary statuat n, .A parson Ironing ties (2) or afire contiguous parcald_, lots or units shown on a final suhd' Vision or pascal, imp recorded in the otfia:e of the War* County tiucordoe shall have this right: k* ouvey, ledge or finance one at Mora ass such parrcela, lott or unitdo and to aidure poz'Mite to 40410 MY of such pastels, 4,td or units alrthough (;ha individual parcels, lot* or white Wx twin 11104 than the required mighty (00'. Atiodq, unlisr and until this circumstanaa et Ud tu 9000 406ph d bol6v occur, k. A parson owning two (2) or par+q egngiguoua paccola,, lots or unik" shown on a pared seep, When the a recordation of a final parcel 1040 hits been H. waived, or two (2) or Word conCiguaus pertain, Iota or Unita in an approvdd lot split map under 4.0 the former County ordinance establishing loc split procedures which dtd not authorize recorda- tion of a final map, shall also huva the rights N met forth in subparagraph a above, unless a !V ,end until the circumata1,cee stated in subparagraph U d bolov occur. o c. A person owning property who hna filed with the ao Planning Director a tentative eubdivi#iod or partial map which contains parcel#, lots or units of a size that conform to the e*ipting robing but do not conform to the tLghty (80) norm minimum in the AZ -60 Zona, and said filing is Umda before the U-80 Zone becomes appltcablt to the property being divided, ahmil have the w 0 right to have said map processed after the N Ali -80 Zone becomes effective and shall have the right to conwrey, :,,oass or finance one or more parcels, lots Or units and to secure permits to v. m develop such parcels, lots or units after the A>: -d(} Zoning octoses effective, even though the u parcels, lots or units contain loss than righty (AO) acresi unless and until the circuruthl5ced >K ar stated in subparagraph d below occur, c d. Under sectiohs 71214x21.7 of th' Tulare County a, l)rdinAhea Coda, the ?%card of Supervisors has the - powmr, After a public hearing, to merge eXisting pAraala, lots or units in subdivisions, parcel snaps and lot aplits, Yf ouch Urger occurs with sdgat4 to propex'ty described in wubpardgrephe a through c above, all Of the contiguous parcels, lots or units under a single oZmerdhtp shall u a margo and cl,eresftecno p00416, lots or units 0 r bay be conveyed, loaded o." financed, until A nav � subdivision or parcel taap has been Approved when v rdquired by State law or the 'Milers Comity14 ordiaanca Code, and no permits for da4slopaant may be issued except in tonfprmi,ty with the riqutta entb of the M -no Pone. o a, 'two (2) or mora Contiguous partwlt, lots or u units of thetype dAgcrtbed ih dubpersgraphe d c o, - u � through a above shall, not have the spacial tisOfttr status dettetbad in aubpatagraphi`e t section 0.8 thxough c above it; (1) the parcel@, lots or unite lie outside of the Urban Area Boundary as duaignnted bi the Ceneral Plan and; if (2) the parcel, lot or unit to be conveyed, leaead or financed is leas than five (S) acres or the total property to be retained is logo than five (5" acrds, thseefo'rs, none of aaarh Parcels, ors ur omits may be convoywd, 1peaed or financed xtnder this paragraph 9, (Add°d by Ord. No. 1940, effsctivn 1�2T-7T= Mftaed.q by Ord. So. 2272, affactim Notwithstanding the aforementioned re- strictions, if the entire property con- tained less than eighty (80) acres at the time A8-80 zoning was applied to the prop- arty, the entire property may be sold as a single unit, Any divisions of land which are allowed under this subsection shall be made In compliance with the provisions of Sections 7100-7110 of t1:e Ordinance Code Of Tulare County. (Amended by Ord. No, 1596, June 28, 19 73) E, U:J9 M1111;S. Because of considerations of smoke, fumes, dust, odor and other hazards, regardless of the other provir*ions of this seutCon, the establishment Ord operation of the following uses shall be permitted in this zone onlay if a Use permit i3 first se- cured pursuant to the procedures referred to in paragraph B of Part ll of section 16 of this Ordinance: 1, Agricultural dehydrator with more than a combined total of one hundred (100) , horsepower in .all motors used,. 2. (Repealed by Ord. No. 2416, effective 55+20-61.) 3. Asphalt manolfacturing and refining, o, Brick, till: and terra cotta menu- facturi,ng, 5, Concrete products manufaeturing, 64 Cotton gin and oil mill, reed lo"t for more than twenty„five (25) animals, 8« reed trill with more than a combined total of ane hundred and seventy-five (175) horsepower in all motors used, 4, kartilitet; manufacturing, 10 Fish smoking, curing' and canning. 11+ Guam ranch and aumaer camps, 12, 'Bunting and fishing clubs slid hunting and fishing an A ddimtorcisl basis foie i�ee+berre Of thee public,. Swctioi� 5F8. 13 (163pcaled by Ord, No. 2333, effective 6_5-80) ; 1l+ Mushroom growLng 15. Olive processing planta. 16. Petroleum product,;; manufacturing end wholesale str►raig►,, 17. (Repealei by Ord- No, 15211, 12,. 1972.) 18. Potash works; provided, however, that no Use Permit 1111,111 be rr.- quireri if a surface mtninp, permit And/or reclnmation pinn 18 required under the ProvisConrl of section 7700 ems, of the Ordinance Code of Tulare County. (Amended by Ord. No. 22200 effective 3/29/79.) 19, QuariY And stone mill; ;,rovided, however, that no Use permit shall be required if a surface minCnq Permit and/or reclamation plan is required under the previsions of aecti n 7700 eek, of the Ordi., Dance Code of Tulare County. (Amended by Ord* No, 2220, effective 3/29/79.) 20. Raisins or slaughter of poultry when more than three (3) birds for each one thousand three hundred (;.jor)) square feet 1n the untCre prupHrto, r more than a total of one thous,►”( (1,000) birds 1n ,1110 alre on this pr„ p.: arty at any r'me, 21. Raising or slaug1jtvV*0f rabbits or other furbearin; animals x4hen d t t-11 Of more than two hundred and forty. (240) mature animals are ©n the rr»n» arty at any time, 22, Raising or slaughter of shot p, goats, mules, swine, bovine animals and other simil►ir domesticated quad- rupeds when more than two (2) mature animals for each acre in the entle,: property, or more than a total or twenty-five (25) animals in all, are on the property, t any time. 23. Residences or mobtlehomes in excess of thoae allloweel under paragraph 2 of subsection N of tlils Suction, for uqe by 'the persons spr,c t f toe! in said para- graph 2 of suh4te1i011 11. 244 Rock crusher d0d di!ltrlbutlan of rock,. sand and gravel. 25, Send cleaning alnd tvL'atlrtg plant,, 26, Sewage treatment plant uad dispus,ll area, 27, ylaughterho►let, 2l1, Stockyard. 29* Wlnery, 30. Divisions of land as tollowr: 0 iR4 a. Divisions of land resulting in parcels containing leas than elghty (80) acres for the purpose of conveying, property containing existing agricultural-ralated Vr ustriea or AerVlcaa'ed,ablished ,n nccordenCe with all applicable building And coning regulations. bb. Divisions of land rag ul in In ht (or the pt B pArchls containing lull than eighty g y (80) acres urpose of establishing new selculturnl-iM4ted industries or servipno in accordance with All ApN11cAb14 building and zoning regulstione. (Added by Ord. No. 23880 offoctive l►ae. 12, IABD.) 1F, FENCES, WALLS AND HEDGES, lnncC$0 walla and hedges shall be permit- ted. However, no solid fence, wall or hedge shall exceed three (3) ,feet in height within the area contiguous to two (2) intersecting streets which is des- cribed as follows.. that area on the street side of a diagonal litre connecting Points* measured from the intersection corner, fifty (50) feet on A minor street side of the property and seventy (50) feet on a major street side, of tte prop- erty. C. YARD `REQU1UjtzNT,S. 1, Front Yarrl: The minimum front vard shall bo twenty-five (25) feet except 810118 those Streets and highWIV8 where a greater setback is required by other Ordinances of the County. 2. Rehr Yardt The minimum rear vhrd shall bb twenty-five (25) feet except along those streets and highways where a greater setback is required by other Ordinances of tale County 3. Side Yards: The minimum Side yards shall be ten (10) feet except along chose streets and highways where a greater Setback is required by other Ordinances of the County. 4. R6415ired yard ureas may be used for growing, of agricultural crops, 11. hL11011T OF STRUCTURES. Not more than fifty (50) feet to the uppermost part of the root erupt that water tanksy silos, grallaries, wind machinest bdrna and other agricultural accessory littuctureti may, exceed fifty (50) foot ill height provided they do not project into the landing or teWoff zone or other rostritted arestl or ?ln airport, ostabiished pursuant to Sectibhe 1276- 7292 of the Ordinance Code of Ttif,are County, 8adti�np. 9, 9 I. DiSTANCh-ETWEEN STRUCTUiti S, The minimus dista"(!o betWe,en two (2) structures used fpr human habitation shall be twenty (20):feet, 'filet minimum be a rltructure used for human habitation and q pen, Coop, .stable, barn, corral or other structure housing livestock or poultry 111811 bit one hundred (100) feet. Mien Utructuretl aril in exist_ once at the tine that AE-80xt�nir►p, is applied to thn property which tlu Itot com- ply with the minimum distances sat forth above, such structures may be utl,ucturnl- lv altered and additions made, to tluch Structures so long AS the distatica be- tween the steuctur011 to not reduced. Ll SECTION 1G.- "+":-1" A,_,CULTURAL 2OtJ> D. pRDitTB,YatON OF SUU'UX,ViSI0N3, a u A. PURPOSE. go subdivision; nti that term in defined 19 In Section 2 of thin Ordinance, may be m The purpose of this zone Is to insure that created Within t111j; zone, (Added 'b,r Ord. 1414, affective Uqt; amber 10, 1970, onuvtrdod a areas zoned A-1 develop in a manner con- s stent with the General i;an and the pub- by Ord. 1539, t�CfgCtive January 11� 1i1ii; amended by Ord. 11,107, ,',' lic health, safety and general welfare, effective April 3, 1975, -,amended by Ord, 199o, cffeCtivo y and to prevent the introduction of incom- January 27, 1977) � patible commercial, manufacturing, sub- division, and .other urban uses into pre- dominantly agricultural areas DIVISIONS OF z;ilNli. of the County. A limitation on minimum parcel size of five (5) acres is included in order to All real property, improved or unimproved, preserve agricultural lands in increments large whish is shown on the Into -sot adopted enough to support commercial agriculture County Tax Roll an,a unit or as contig - and to discourage the generation of urban sous units and which is awned by the same land uses in predominantly agricultural person persons, Kiatnot be divided ,areas:. The purpose of the zone is also to after thhee effective! (late of this sub5r'c-� tion, except in do zoning prepare for eventual ning compliance with this sub - section. No such land based an precise planning trod development an a el may be divided for the proposals for such areas. purpose of salty, lease or financing, whether imTedipto uk future, if any one D. APPLICATION. (1J parcel 'rest,tirip Zfoin the divinidn of land contains long t,hirn five_ (5) acres,, All land in the County of Tulare not shown provided, however, t:hnt the following on the zoning lisp as being within the transactions Are ,tit kiulijuct to this re - boundaries of any of the other classes of strictionc zones listed in subsection A of Section 3 of this Ordinance is included in the A-1 1. Any conveyance made, or required by a (Agricultural) zone, court decree and intestate or testament- n ary disposi,tiona of land, N C. USE. b 21 Any conveyance to the 'State of Califor- y No building or land shall be usedi and no Aie► any city or county, any political building shall be erected or structurally Y subdivision of the State of California, u altered, except for the fallowing uses:tion or any public utility subject Lls- by o reguthe State Public Utilities Com- P 1. Any use listed as an allowed use in mission. However, thin exception does not apply to conveyances ti _ Sections 6, 9.5, 1,6 and 9.8 of this to any of sa3.d entities, including the state Department Ordinance, as said Sections read pros- ently and as they of Veterans Affairs, which are financing r are amended Eton) time transactions. to time. 3. Any conveyance of easements or oil, 2i Any use requiring a Use Permit under gas and mineral rights. Sections 9.5and 9.6 and 9.8 of this Ordinance, as said Sections read pros- t,, if d portion of a parcel Of property ently and as they are amended from time is separated from the main portion of to time. Provided, however, that a Use .the property by a river, railroad, im- Permit must first be secured itt the proved public road or a canal which is manner specified in Pert 11 of Section regularly used for the conveyance of 16 of this Ordinance and further pro- water and the channel of which is six vided 'that no showings speelfied in (6) feet or more in width, said portiotJ Paragraph C of Part li of Section 16 of the patcol may be conveyed as a of this Ordinance shall be required, single unit even though it contains less than five (5) acres, 3, Any Special Use specified in Paragraph 1 of Part it of Section 16 of this 5, if a person desires to convey A portion Ordinance As an allowable use in the Of Iris property to the owner of property � A-1 Zone, as said Paragraph toddy pees- contiguous to the: property to be con- ontly and as it is amended from time veycd, he may do so even though the to time, Provided, however, that a Use parcel, being conveyed contains less 4 r. Permit must first be secured in the than five (5) acres, however, the manner Specified therein, parcel being retained shall donta n Lit lerst five (5) acres unless the u transaction comes within ane of the u following provisions. 4 r Section to a. The conveyance to the contiguous owner is to convey property on which improvements, including grow- ing improvements, owned by the con- tiguous owner have been constructed or planted in error. b. The conveyance to t,ie contiguous owner is to convey property to pro- vide necessary yard areas as re- quired for the zone in which the property is located. c. If Lhere is a residence or mobile - home on the property to be retained by the person making the conveyance, he may retain the residence or mobilehome with twelve thousand five hundred (12,500) square feet or more and convey the remainder of the property to the contiguous owner. d. (Added by Ord, 1414, effective December 100 1970; amended by Ord, 1539, effective January 11, 1974 repealed by Ord. 1990, effective January 27, 1977) le If a person desires to construct a resi- dance on his property for use in compliance with the provisio.ss of this section, one (1) parcel o,: twe;.va thousand five hundred (12,500) square feet or more may be divided for the purpose of financing a residence, once a,persun had divided one (1) parcel from bid property pursuant to this paragraph, he may not at Any time thereafter rause u second parcel to be divided from the property pursuant to this paragraph. However, if a person who has created one (i) parcel pursuant to this paragraph, conveys part or all of his property, his auccdssors in interest shall also have the right to create one (1) parcel pursuant to this paragraph it they meet all the requirements of this paragraph. (Amended by Ord. No. 2112, effective June 1, 19'78) 8. Ii d person desires to sell his property but vishds to retain A parcel of land containing a resilence or wh ilehome siridh has been established in accordance with all applicable building and zoning rogulationa and which has existed on that property for at least three (3) yearn, one (1) parcel, of twelve thou- wand -five hundred (12 000) square feet or mo.ro may be divided for this purpoue. 4, Us person desires to sell A residences other than a mobilchotae, which leas ex- isted on the property for at least ten (10) years, and retain the balanee:of the prtopritl, A parcel of twelve thou - egad five hundred (12,500) aqudre feet. or 'afore may be divided for thin purpose, if there Is more than ane such rrsaidente on the property, there may he more titan oat, division of land pftauant to thin paragraph, 10, 'rhe following transactions do not con- form to the wforementioned five (5) acre limitation but they do have the following special teorporary statust 5e'et it h 10 a. A person owning two (2) or more c- -t Parcels. lots or units shown on At .final sub- division or parcel rasp rggorded in the office of the Tulare County ttncot ..r .hall have the right to convey, lass„ or finance one or more C., such parcels, lobo or untta, and to secure permits to develop Any CC ouch parcels, lots or units, although the individual parcels, lots or units contain lone than tha required :five (5) Acres, unless and until tha aircumstit tires stated In subparagraph d below oewst:tr. b. A person owning two (2) or more contiguous Parcels, loth or untta uhown on a parcel map, when the recordation of A .final parcel atttp has been waived, or two (2) or more contiguous .parcels, lots or Unita In An approved WL split: snap under the former C(a+snty ordinance obtnb- dishing lot split proc±odures, which did not authorize recordation of a final mop, nlsnll also have the rights dot forth in subpArngraph a above, unless and until tie eircumstanced stated in subparagraph d below occur.. c. A person owning property who has filen with the Planning Director a teotat»vu subdivision or pardel nap which, contains patcela, lots or unite of a size that conform to the existing Zoning but do not conform to the five (5) aero Minimim, in the A-1 Zone,, and said filing is made before the A-1 zone becomes applicable to the property being divided, shall have the right to have said map processed after the A-1 Zone becomes effective and shall have the right to COnvey, lease or finante one or more parcels., lofts or units and to nature permits to develop ouch ptsrcela, lots or units after the A-1 Zoning becomes affective, even though the panels, lots or unit+ contain iter th re unless and until the cir r,ataiicas stated in eubpardgraph d boloti occur, d. tW sections 1121--1171.7 of the tulaee County Ordinance Cade, the Board of Supikrvixora has the powdr, after a public hearing, to merge kkieting parealti, Iota or units in Subdivisions, pnrtel maps And lot:npll.tn. If bush berger e4durs with regard to property dodcriSed in subparagraphs a through c Abovd, All of the cbhtiguoui pardely, lots or urtica under a ' aingle ownership shall merge and thereafter no parcels, lots or units may be conveyed, leased or financed, until a new subdivision, or parcel map has bee,, ;approved when required by State Ilaw or the Tulare County Ordinance Code,, and no permits for development may be Lv ucd otcept in conformity With the requireaents of the Ar1 Zone. e, Twa (2) or more contiguous parcels, lots or :%mite, of the type described in subparagraphs a through c above shall not have the specia," temporary status described in subparagraphs a through c above ifs (1) the parcels, lots or Unite lie outside of the Urban Areu Boundary, as dreignatcd by the General Flan and; i'! (2) the parceli lot or unit to be conveyed, leased, or financed is less than file '5) acres or the total, property to be retained is less than five (5) acres, Therefore, none of such parcels, lots or units may be conveyed, leased of financed under this paragraph 10. Glided by Ord, No, 19901 affective 1-11-77; aaaader'by Ord.. 140, 227$, effective 9-27-79.) Notwithstanding the aforevantioned restric- tions, if theentire property contained leas than five (5) acres prior to the ef- fective date of this paragraph, the entire property may be sold as a single unit, Any Jivigions of lend vh nh are allowed under this subsection shall be taade in ceaipliahpe with the provisions of Sections 7100-1110 of the Ordinance Code of Tulare County. A SUMHARYn OF LAND CONTROLS WHICH ARE APPLICABLE TO THE A -a (ACHICULTURAL) ZONE AS EXCERPTED FROM TuE TUL,,RL COUNTY ZONING ORDIN&ftE itThe following information is taken from var- ious sections of the zoning Ordinance which pertain to allowed activities in the A-1 Zone. It is not a complete teat of Che Ordinance and may not answer all questions which may arise. Please contact the Tulare: County Planning De- partment for further ,information, A. Regularly Permitted_Uses 1, Mobilehomes and residences for the own- ers and lessees of the property and for housing farm employees who work on the property. 2. One (1) mobilehome or single -;family residence for use by persons other than those specified in number 1 above for each two and one --half (2-1/2) acres in the entire property. 1, The growing and harvesting of field stops, fruit #.nd nut trees, vines, veg . tables, horticultural spe;;talties anc; timber. 4, The raising and slaughter of poultry+ When not more than 11000 poultry arA c;n. the property at any one t ma, 5. The raising and sluug)tter of rabbits id other fur bearing animals eq, an not ntr. than 1,000 animals are on the p rop(j, at any one time. 6. The raising and Slaughter of sheep, 80ats, horses, mules, bovine animals and. other similar domesticated quadrupeds. >. Dairies when not more than 25 cows arse on the property at any time. 8. The raising and slaughter of swine when not mote than 25 swine are on the prop arty at any time, excluding swine which have not yet been weaned, 9. road Lots for 25 animals or less, 10► The Operation Of ,apiaries. 11: Agricultural service establishments pri- marily engaged .its performing agridul- tural animal hhusbandry services or hurl:- icultural servicer to :farmers. 1Z. Services to f"mers or farm -related act- ivities in planting, harvesting, oto m ago) hauling and equipment repair and maintenance, 13. Incidental and accessary structures and Uses cluding barna, stables, coops, tank In roes, windmills, 611108 and got dt farm~ buildingq, private garages anti 01.trp6etd, guest houses$ storehouses, garden strut. turds, greenhouses, recreation roomn, and thea storage and use of petroleum pr+Nluc to. 14. Pia uraorise. 15. Sale of agr(t°ultural products# tn,luding sale at rottdttlde stands, if more than (1/2) Of the value of the prod - acts on hated for Sale at any time has been produced on the propertywhere the sale is crttducted or other property own- ed by the mime person. 16. Signs which pertain only to a Permitted an the property on which the sign id situated or which pertain to tlae Sale, lease or rental Of the property or a structure or personal property located on the property, In addition, signs which are no larger than four (4) square ,feet in area and which pertain to pro. ducer and marketing asseiciatioris and organizations wikh which the Owner or lessee, is affiliated are allowed, ly. Temporary landing Of aircraft engaged ;fin agricultural uses. 1$: The curing, processing, Packaging, pack ing, 0tor4ge and shippine of agricultut&l products, 19. Vish farming operations for the raising and harvesting of fists an a crop, but not including fishing clubs or fishing basis. far the general public on a commercial 20. Came preserve, Private or public, but not including hunting clubs or hunting for me ng of the public on a commet_ dial basis, 21. Open space uses iheluding, but not lim., lead to, a Scenic highway corridor, wildlife habitat area, saltpond0 managed wetland area or a submerged area, as 4#— f"lned as agricultural land by the Lar,I Conservation Act of 1965, as amended. $» tlees.Rogui—in A Use e� P it 1. Agricultural, hemicala; storage, hand,- ling and manufacturing, 2, Agricultural dehydrator with more than a combined total f one hundred (100) o horsepower in all motors used. 3. Airports, however, no Use Permit is fe,; quired to locate an airport in Conform - "Y with the Tulare County Al .port vias_ tee 'Plan, 4. Animal hospital, large and Small, or clinic and veterinarian office,_ S» Animal Salem yard. 6, Asphalt manufacturing and refining, 74 Assemblage of people* for education or encertainment purposetyh aUildi open area not otIle rwiae apProvad tng or or Abetmblige, 8. Ball Park. 9. Borrow Pit. 10. Brick, tile and terra cotta manufactur- ing. , 11. Canpground. 12. Carnival, 13,. Cemetery. 14. church. 15. Circus, 16, Concrete )roducts manufacturing. 17. Cotton gin and oil mill.. 18. Dairy, when more than 25 cows are on the property at any time. 19. Equestrian establishments such as acad- emies, schools and stables. 20. Feed Lot for more than twenty-five (25) animals,: 21, Feed mill 'with more than a combined total of one hundred seventy-five (1:75) horse- power in all motors used. .22, Fertilizer rnanufac�turing, 23, Fire Station: 24. flammable Liquids stored above ground, 25. Fish smoking, curing .and canning, 26: Golf 'Course, 27, Golf Driving Range, 28. Guest ranch and summer camps, 29 Hay dehydrator, 30. Heliport. 31. Honey extraction plant, 32: Hbgp tal, sanitarium and nursing home, 33,,}{unting and fishing clebs and hunting And 'fishing an a commercial basis for members of the public., 34, Kennels. 35, Labor camp, permanent, 36,, Mining or extraction of metals, minerals, oil., ,gas or hydrocarbons, together with necessary buildings, apparatus or ap- purtenancas incidental thereto, 37. HUGhtooti growing. 36, Olive processing plants, 39. Petroleum products; manufacturing and wholesale storage. 40. Police stations. 41. Potash works. 42. Public Park or Playground. 43. Public Works Maintenance Facilities, 44. Public utility etru,ture, 45. Quarry ail atone, mill. 46. Race track. 47. Radio, microwave and television towers in excesE of 75 feet in height or with- in two vr.itas Wf ;7n airport or heliport. 48. Raising or slaughter of poulvey when trore than 1,000 birds in n1l, are on the property at any time. 49. Raising or slaughter of rabbits or other furbearinp animals when a total of more than 10000 animals are on the property at any time. 50• Raising or slaughter of swine when a total of more than twenty-five (25) swine are on the property at any time; excluding swine which have not yet been weaned. 51. Recreation Center, 52, Religious Revival Meeting, 53. Rifle, pistol., shotgun, and archery clubs and ranges. 54. Roadside stands which do not constitute a reg -1 grly permitted use;. 55, Rock crusher and distribution of rock, sand and gravel.. 56. Rodeo ground or roping arena. 57, Schooli private, 58. School, public. 59. Seed cleaning and treating plants, 60. Sewage treatment plant and disposal. area. 61. Slaughterhouse, 62. Stadium or oporta arena, 63. Stockyard, 644 Tannery. 65. Waste and refuse disposal siteo, private and public. 66, Winery, C. Prohibition of Subd; Lunn. 116 subdivision, an that term :to deflr In section 2 of this Oed rdinance, may be created withi.j this zone. (Added by Ord. 1414, effective December 1O, 1970; amend by 6rd. 1539, effective January 11ed amended by Ord. 1807) effectivA, mend April 3 1975; amended by Ord. 199 e 0, effective J+tnuary 27, 1977) A. Divisions of t,and. All realproperty, improved' or unimproved, Which is shown on the latest adopted County Tax Roll as a unit or as contig- uoua units and which in owned by the same person or persons, shall not be divided after the effective date of this subtec- tion, except in compliance with this sob. section. No such land may be divided for the purpose of sale, lease or financing, whether immediate or future, if any one (1) parcel resulting from the division of land contains less than five (5) acres; provided, however', that the following transactions are not subject to this re - b krheticn t 1. Any conveyance made or required by court decree and intestate or testa- mentary dispositions of land. 24 Any conveyance to the State of Califar- ala, any city or county, any pol,itica;l, subdivision of the State of California, ar any public utility subject to reguls- tion by the state Public Utilities Com- mission. However, this exception does not apply to conveyances to any of said entities, including .ae State Department of !Veterans Affairs, which are financing transactions, 3. Any conveyance of easements or oil, gas and mineral rights.. 4, it a portion of a parcel of property to separated from the main portion of the property by a river, railroad, its -- Proved public road or a canal which is regularly used for the conveyance of 'Vater and the channel, of Which is six (6) feet or of more in width, said portion the parcel may be conveyed as . sina gle unit even though it contains less than five (5) acres, If a person desires to convey a portion Of hit property to the owner of property contiguous to the property to be con- veyed, he may do so even though the parcel being conveyed contains loss than five () acres, However, tite at tcel being retained shall contain at Least five (5) acres unless the tranoattion comes within one of tite following provisiona a, T, 4onveyance to this Contig �,t,rt owner is to convey property on Which improvements, including grow. Ing improvement,,, owned by the con_ tiguous owner have been constructed or planted in error, b. The conveyance to the contiguous owner is to convey property to pro,, Vide necearyary yard areal as re- qui.red for the zone in which the Property is tocated. c. It there is a residence or mobile - home on the property to be retained by the person ,iv,king t -he Conveyance, he may retain the residence or mobilehome with twelve thousand five hunrrer! (12,500) square feat or more anti convey the. remainder of the property to the contiguous owner. 6. (Added by ord. 1414r effective December Jaaua7o'ry amended by Ord. 1539, effective atfec velJanua 1973; repealed by Ord. 1990, ry 27, 1977 74 if a person desires to construct a comilianc an his pro}erty fur use in compliance with the provisions of this section, one (1) parcel of one (1) acre or more may be divided for ,the purpose of financing a residnnre .if the person mai,ing the division of land uvus con- tiguaus property which totals five (5) acres or more. Once a Person has divided one (1) parcel froom his prop- erty pursuant to tills paragraph, he may not at any time thereafter cause a second parcel to be divided from the Property pursuant to thj�, paragraph. The fact that such person owns two (2) or more mftltiples of said minimum area Of five (5) acres shall not be a basis for allowing the division of bore than one (1) Parcel pursuant to this pat#. graph. however, if a person who hat treated one (1) parcel purs,:wnt to this paragraph, conveys part or all of his Property) ilio successors in interest shall also have the right to create ane (1) parcel pursuant to this para_. graph if they meet all the requirements of this paragraph. g` If. a Person desires to sell Ilia property but wishes; to tetaitt a parcel of land containing a residence or mobilehome which has been established In accordance with all Applicable building ;and coning 'Mulationn and which has existed on that property fur At beast three (d) Years, one (1) parcel of twelve thou. sand five hundred (17,500) .square .feet or mote DAY be divided for this purpose, V 9. If a person desires to sell a residence, other bhan a wbilehome, which has ex- fisted on the property for at least ten (lo) years, and retain the balance of the property, a parcel of tvelve thou- sand five hundred (12,5oo) square feet or more may be divided for this purpose. If there is more than ane such residence on the property, there may be more than one division of ;land pursuant to this paragraph, I@: The following transactions do not ton - form to the afareciantioned five (5) acre limitation but they do have the following special temporary status, S- A person otming two (2) or more con- ti&uous parcelR or units shown an a final subdivision or parcel clap re- corded in the office of the Tulare County Reccrder shall have the right to sell, 10ase or finance one or pore of such parcels or units, and to se - core permits to develop any of such Parcels or units, although the indi- vidual parcels or units contain less than the required five (5) acres, unless and until the circumstances stated in subparagraph d be.ow occur. b. A person ovning two (2) or more con- tigUous parcels or units shown on a Parcel map, when the recordation of a !Indl parcel cap has been waived, or rao (2) or more contiguous Pat - Veld or units in an approved lot split map under the foraar County Ordinance establishing lot oplit procedures, which did not authorize recordation of a final, map, shall Also have the rights set forth in. subparagraph a above, toeless and until the circumstances stated in subparagraoh d below• occur. c•1 A person owning property who has. filed with the Planning Director a tentative subdivision or parcel =p VhIch contains parcels or units of A Giza that conform to the five (5) acre minimum in the A•-1 Zone, and slid filing is made before the A-1 gone becomes applicable to the prop- erty beldg divided, shall haves the right to have said map processed. after the 4-.1 Zone becomes e£fettiVe and aha1A have the right to sell, lease or finanae out or more pareelo or units and to secure pertilts to develop such pa: l,s or utnits after the A-1 Zoning ba^ot;es eifectiva, even though the pdreulu or units contain less than five (5) arms, unless and until the circumstances stated in subparagraph d below occur. c. Under sectionn 7121-7121.7 of the Tulare CountyOrc!inanca Code, tice EOard of Supervinoru hap the power, efter a public hetiringi to merge ex Toting parcels or units in nubdivi pions, parcel 'maps and lot splits. If such merger Occurs with regard to property dailarlbed in subparn- graphs a through c above, all of the contiguous parcels or units under a single ownarship shall =rge and thereafter no parcels or units may be sold, leased or financed, until a new; subdivision or parcel map has been approved Den required by State law or the Tulare County Ordinance coda, and no permits for development may be issued except in conformity with the requirentnts oX the A-1 zone. (Added by. Ord. 1900, affective January 27, 1977) Notwithstanding the aforementioned restric" tions, .if the entire property contdined less than five (5) acres prior to the ef- fective date of this paragraph, the entire property may be sold as a single unit. Any divisions of land which are allowed tinder this subsection shall be, made in compliance c.-ith the provisions of Sections 7200-7liu of the Ordinance Code of Tulare County. S=CN 10.3 AF, FL104NIS,Y, AGRYCULIURAL i y Ord. No. 3407, effectwe Z t3IT I A. t?(lR M 0. U The AF Zone is an exclusive zona for Intensive and extensive foothill agricultural lis bollding art Jol #sunup be used, sand no building x,,ial,s k,' el-W A or structurally uses and for those uses Qiich are a riecessary arw integral part of intensive and extensive altered, rx4 apt ','or %"iiallowir� uses; foothill agricultural operati ns. the 1. (he (1) single £.tinily residences or pxupoaes of this zona are ars fellows; wobildime for the: xantire contiguous 1. Ib protect oe general welfare of the property otiraaeal tri xxte (1)e mn fizm partnership oto c�arWration or t.%KW r foothW agricultural camauaity frac j ly by►r ", trint one (1) peaaon, ennrat..irrAts of unrelated uses Utich, by their nature, would be injurious to the firm, pertnx!rsis-,a or Corporation cx &1y Ombinntict% thtra'cxef. phrical and econanic well-being of the Such residence or =I bildow dwIl be occupied only by anfoothill agricultural coammity and the coaaneti.ty at large. ower of the, PO4m ty and his family or a U002 n of tuns +aparty aaszl his Emily. imize 2. To Prevent or minthe negative 2 N addition t,,r ttk+ rRside nae allouad Interaction between various foothill Vader p4envot;h 1 above, ode (1) axariculturaal uses, audit cram reoldeoc or msbil for 3. 1ty tit or auniatize land use conflicts cutch cutch forty (/a0) acres in the entire Uh aadditior4 residences aa.,i or injury to the physical or ecatanic ►rabilah i rhAll be occupied only by sash-being of urban, suburban, or other relatfveb Of the xmw or lessor or by mr taricultural uses by foothill cgritultural uritis, eaVlo}ee~ Ow wrk on the property. lever, if the property is less that. $. To di.sburae intensive tAaal t.6r cultural footy (40) W63, but greater tlum tern (10) acres in arta, ems of rerz,�mi at uses in order to avoid air, water or land U12 time this zonebeca e applicable to pollution otherwise +.xltirst frac the pzOPerty, one (1) such residonLe or compact distributions, of suds uses, =bileh a my be ccWtrt.4Ccd and used as $. 'ib prxraide for a minions parcel stassdaud a dwatlirg by the persons designated herriruabove, to addition to the mmber which is appropriate for s othill areas,aCi` residences cert mobilcssomas allowed rrta�ra soil capability earl ocher idtarac- teristics are mxh that the unregulated Wder thus lrsrss Lath, odditioul rerddences mrd u&ileha.,w bmstal%r of land would adversely affect for use by snot 00 tiWA andio , � y� :any be the physical and emiomic well-being of Allowed tinder tate use Perms procedures the foothill .gricultural cCmWnity and the cilia unity v large. tet f6rth in &ASection D of this ct-ctiOn. (i. To £spur t 19M use controls and ktcry,P! err w;an.x!'r r,},i.rh,ate ned"O'bry 2. lhoidenttl amd mocessary a-,rictures and used tnclluiuv batr!at stabled, coops, to whicvie the goals and objectives for ttnh h;.:sr'st, tr�,.a�; tanks, wind foothill agricultural hands as rquired Wadda es, ti<i.t.i;nills, silcda and other frame ,by the Ceneral Plan. buildit*-s, private garagea sad c4r,* rtt' 7. 7b function as a bolding zone in certain mtmdtoused, garden atructnres, Dvaiaouses, o-ecrenti,on ratios end storage foothill amM 4hioh atx+uld be retained real use of pncdmta, In octem lvd a griculturAl use until such ties as the Cetnetal Plan is axwrdxd to 4. 12m grcxsing am l.._atasty' q of &' it wad provide for the conversion of such lands toast trees, vines'; vegetables, hdrtictil. to t;rban use. tural aprcialtles mvi timber, but ex4ludiM the getxtirag oc mtushrt+ ns tdnich requires, 4 use permit "or subsettion b 71se at%nban parcel bite pemi.ttw to be of: thiat rection, erratel in this zone is, with to rtail axeptiam, mt-futrdrad and sixty (.160) i g of 4"d hervtsting of field Acrest a:tvr p6s gx'ain and hay cropst and the ming of grass for Wture sad Sr"Zingt t&ilm 10.3 6- the raising and slaugftter of p9ultry up to a maximum m of three (;3) birds for each ore no largOr 011"t four (4) ardtwm fees 1,300 square f%et in the entire ire area and vdticlt pertain to pralucer and and bot to exceed a total of 1,000 MM&eting MOO':iAtrons and organiratione in all, unless a use ,�D birds with rtt.ich tfut Permit has been afEiLiatod �, tn�hFCr or lessee is secured as required '--,der -subsection n of ,v allowed. this section. 131. Te"Porary larxdinf, Of aircraft id' in i. 'tlie raising and slaughter of rabbits and c3rculterral fie, Other similar furbearitr, an3maI3. the enmcimao nori%er of mature anirli:!s ailowtd 16• The curing, Processing, PacinaKx. On �V Panel shall nrt exceed 244 unless Parking# storage rmd shipping of use permit has beensecured ssof rultural products except those txder subsection D of this section Anya Part't—ar°P"r�ation _s, uses Md Offspring of the anbizal$ may remain on otnrctur% sPecifIOJ in subsection D of the Property until they reach the normal this Cectisrt. .age for weaning. 17'- 'Slee open space usetrr (AClUding, but not 8 The raising of sheep, goats, horses, limited to, a SM—lehiphwrl corridor, mules, swine, bovine animals And other arildlife habitat anti, halt dor, managed similar domesticated quadrupeds, iretland area or a +; 6r irged vearea, as provided, however, that ton feed lot as defined as agriuudtural land by thr'Lam set forth in Paragraph 6 of subsection D atian Act uj 19650 as osmate: of this section may be pennitted unless a Use Permit his beer► secured as required 18 Bivaaaya fuel manufacture for Pets oder subsection D or under tom., Of Part II of Section 16 of this a a Ord irmnce. ly. Apiary rued Haney extraction Plant. (Added by Ord, No. 2416' efr%tivei 9. Fb8d lata or arae Wncentrarr feeding of animal, y itch are r 20. Jail or carr§ctionAL institution in irate'-rmitteriC basis rich are +access to a eonfot"11 a veth the public Muildin., ary Petmntt�u m�imxl rads, EdMatt of thio Tulare County Genera! operation as set fort!$ in prrratlaraph 8 of d PlAn. (Added p I, thio eubaection. y Ord. Na, 1430, 10. Irish farming operstiaj,,; for the raISix ' nand harvesting of fish all a Cray but na C.blViSkcm Glc^ l.Am ta'Cludirng fishing clubs or fist,IM for All real MMR* a of the gisreral public on a Property, disproved Oe unimproved, coaxercial brsiso unless a usu Crich is shoats gra the latest adopwd County bare secured as . *ubset has tat roll as a trait or eras cart, equirgi order subsection welch is Mead by the s.�t �u wits , D of this. section, A. ,� Deis perste or rs adtall rare be divided, after Ae ,nine is 11. Care preserve, private Or Fublief but not applif-, to st'dt Property, except in cC411arce including hunting ,I bs or hunt' for Vith 'Is subsection, lb such lord may be *mmbera of the enerdl � divided for the po Purse of sate, lease or commercial basis, unless It Use permit has lfinancing$ Oiethee 400diate or futuro, i.f any 611 serurari as required wider subsection erre (1) par, e1 res,ulti08 fron the division of 1) of this section. land contains less than ane-dnuo dre! and sixty (160) acres; provided, however, that LFA 12. Plant nursery, fallovxtg transactions are hat subject to this �triCklpil. 13. Saler of ggricultural procie,cts, ircitre:nzf{_ 1_ sale at roadside stands, if mare than , Any veyance mide or required by court O06+11f (1/2) of tho retail val.tie OE the decree and tntcItate or testaeentaxy +agricultural Products ,offered for sale at dispositions a: lm;d-, any bine has b4:,n prrxduced on tlne Z PraPerty t WIVe tho sale . is conducted or key crxnveyancp- to the Stato of vn Other Profxrty anal by the &iw wifortria, MY vita or coerttvi any peteota, political sutxiiVisial of the State of Califotniia oe any peblie utility suhject Y4. Signswttictt pertain rely to a Nimittol to regulation by the State public use on the property on wtdicn the spa is lltilitio lftftilslon RNai4er, this oitnnatmd or uhich pertain to the sale, t'..ncdptn;oon dNIS nut apply to conveyances lease or rental ut the prudrerty or b to any of setae +sttitier, including the at wt'JtL! or p@rsonol property locater1 den State Npartrr� % of Veterans Affair#, tl pra=t "ty. In Ailitidn, sigtn� With hdticn+ finsnctit tranrsactibnA, &ectfan 10,3 3. hT conveyance of easoents of oil, gas 7. If a perm desires to Kell his property and mineral rights: but viuhes to zetalo a parcel of land containing, a rer id rrr trobildloce a. If a portion of a parcel of property is ah1ch hes been eitablished in accordance. separated from the nun portion of the vith all applicable building and .xoung property by a continuously flowing regulatiuna and which hey +scisted rn thiet comma, railraM, improved p 1i ro.-I rr p=perty for at least three (5) years, a mertoade cmeal which is regularly used ons (1) pal of tw-:lver thousand fives for the coaveyanc: of water atom the boa rod X14,500) square :fee or: not may dw=1 of uklich is six (6) feet or more be divided for this purpose. in width, said portion of the. parcel 'may ba conveyed as a single unit even though S. If a person desires to cell a residence it oma the remainder contains less than or a moWlehcme chich has tkn ptm:ei on oru74landced and sixty (160) acres. a fxMatirn systein pursuant to Section. 18551 of the Fl ilth and Safety Code" of 1C1` a rson desires to ax a rtiOri 5. wry the State of California, which hafr of hie property to the owner of property existed on the property for at `,east ten a ►tiguous to the property to ke(10) years, and retain trhe balAme of the cw&-yed, he may do so even though the property, a parcel of delve thousand parcel being conveyed contains leas than five hurrah (12,500) square few or core oaf b. mtaa and sixty (160) acres. moy be divided for this purpose. If ibeamxtPamr, the parcel being retained shall there is core than we such reaiderwA or contain ,at least a*4uxmdred cod sixty =bileh aae on the property, there may be (160) acres unless the txansactiaxr cams Imre than one divisirn of lard p%=u4nt Vitiein one of the following provisions. to this paragraph. s. She convayance to the contigupus il«7he fwllasring transactions do not conform owner is to convey property on whWh to the aforementioned on&-tu red and improvarents, including growing sixty (160) acre limitation, but they do bVrovenents, "ed by the ban the follower special tewpor&ry contiguous caner have been Status constructed or planted in error. +�. A person cuing t,* (2) or more b, 1Rte =rv-eyarnce to the cont1wous contiguoW parcels, Iota or unite mxw is to convey property to shame, on a fiml subdivisibn or ptvvide necessary yard areas a9 p mel map recor., in the office of r�irod for the zone in chich the the Tulare county Recorder shall property is located. have the right to convey, ieese or finn= one or rmre of mich parcels, c. jf there is a residence or Vote or units, and to Secure permlte mabilehome on the property to be to develop any of such parcels, lots' retained by time person making the or units althw,gh the individual conveyance, he may retain the parcels, lots be units Contain less residence or, mobilehone with twl-te Hunt the required one-iuu 1101 and thousand five hundred (12,500) sixty (160) acres, unleaa ad until afqum feet or macre &d convey the the direumxutaalcei stag, in remainder of the property to the strbpa 68taplt d 1*1N occtw, Crantigtpli9 17F1rlE;r. b. A pertoo L%kiing two (2) or aiinm 6. it a p4 ton desires to construct a xxAtitigt mss parcels, lots or units reaidence on his property for uoa in I-A%r.ai on it parcel map, "un the cacpliance with the p.ovisioos of this tvcariiation of a final pAecel map, section, one (1) parcel of twelve has t*m waived, or tw (2) or Wre thcxcasrtt five hWred (12,500) square caitiguouh parcels, lots or roots in feet or cure encs be divided for dies an apptOVxi lot split WO under the purpose of finanaiog a n-siderice. ML'e a manner county omdinonce estdili�hit;R, perMdi has divided one (li parte fxtul lot split procedures which did not hie propeety pur"ut to this ptr0", aph, arrthatize recordation of a ficial he may ra at arty titw thereafter cause a map, shall aloo have the rights ant gourd poroel to he dividend from the forth in wbparagraph a owe, property pirsunit to this ptrigrs{ . unless raid until the Cir ilotAndea fiver, if a pmtrson i.h a iutl elreathd mbie dtated in subparagraph d lvlow (1;) panel pUrar.wa to thin paragraph, Odeon, ecnvcyy leirt or all of his ttor mtrty, his stirmauasnors irl int$ru:lt allull ansa 'have the tiolt to ;reale ale ll) parcel p rauant to this paeagraol it they »et All the rogUireawnta of this paragraph, lbetian 104 3 Asphalt mMActutring std refining, sactibald.3 c, A person owning property Lho hoe lo. If a person deairen to convey psi y filed With the Planning Director a containing peretuunl agricultural crops tentative subdivison or parcel map such as fruit pad t1ut treaom and vines, Mhicit ccxitains parcels, lots or and said cropo hmve ocntintnuely ercistad units of a size that cornform to the of the property for at least five (S) existing zoning; but do net conform years► a pdreel of wenty (20) acres or to the cntf-hundred arc.' sixty (160) more may be divided for this puTm. acre minimm in the AF Zone, mrd H74ever, if that portion of the property said filing is made before the Ale containing said peremial agricultural Zone becomes applicable to the crops is less than twenty (20) acres but property being divided, sh111 have greater theca five (S) acres, the pmt6 the right to have said atop proc6zgA of the property containing skid crops doe= after the AF Zane becomes effective be conveyed as a dingle relit, jt=e may and shall have the right to convey, be mxe than one divivim of I" lease or 'fbuur-e oac: or 'wore para mint to thin paragraph. parcels, lots or units and to secure. pennits to develop miLh parcels, ll. If a person ownio? ,opricultural lase!• lots er units after the AF zoning desires to lemur a lxnrtict of his becomes effective, even chows the property frrr eg-ricultural mulxses, he parcels, lots or Unita contain leas may do so even t)vx44n tltn parcel to be thmi one+undred and sixty (160) leased, or the fttMi.nder,, contains lees acres, unless and until the then ane-hundrol 4axi sixty (160) circuuStances stated in subparagraph laoweve:r, the "inetArice of such a lease d below occur. shall not constitute a basis for approval of a division of Imxi for raty other d. Ceder sections 7121-7121.7 of the purpose Meet nv ptovided in thin Tulare County Ordinance Code, tho subsection. As rind in this paraigrmpho Board of Supervisors has the py4er, "Wicultuunrl purpodes'o means the after a public hearing, to merge cultivation of 6Xd or fiber or the existing parcels. lots or units in graziM orpasturing of livestock. M4Te w k:iivisiona, parcel maps and lot way be uvre than one division of ]aand. sp.'its. If such merger occurs with puwant to 'this parng tph. regard to Property described in subparagaraphs a throw c &mve, lkotwithatend4ng the afare0entioned all of the contiguous parcels, lots restrictions, if the entire property contained or units under a single ownership less than one -hundred and sixty (160) acres at shall merge and thereafter no the tine AF zoning was applied to the parcels, lots ur units spay be property, the entire property miry be sold as' a conveyed, lensed or financed until a single unit. Any divisions of lied which are new subdivision ar parcel Pw has Allowed under this subsection shall be mode in been approved when required by state cmvli,ance With tine provisions of sectL-m law or, the Tulare County Ordinance W-7110 of the Ordinance Code of Tulare Code, and no permits for dcvelopnent S7ovy. tmy be issued except in conformity with the regArenents of the AF Tata. D = PW= C 1W (2) or more contiguous p=*ld, Because: of oonaideratiois of mucins, fi mg, lots or units of the type described dust, odor and other hazards, re gardloixg of in oubparagraphs a through c dXWe the other provisions of this section, the shall onot have the special totporanry cotabliWinent " operation of the following statute described in aabparagrapha a uses shall be pet pitted in this zone only if a through c above if: (1) the Use Permit is first gwurW p&kktt to than parcels, lots or units lie outilde of the Urban Area Bounds as procedures referred to in paragraph B of Part v desi.gxnated by the General Plan Ad tl of Section 16 of this Ordte=46. if (2) the pareel, lot or 'unit to becon eyed,leaded financed is leb9 1. ygriculturral rervice establishments then es than five (S) parse or the. 'total pritaarlly etlgagesl its pe�rf6ming property to be retained is less thnal agricultural animal, husbandry services or horticultural services to fouters, five (5) acres. 'therefore, hot of such parcels, lots or units tray be 2. (ptj*aled by Ort), tb 2416+ effecativa conveyedi leas*) or financed cooper 5-28-81.) this paragraph 9. 3 Asphalt mMActutring std refining, sactibald.3 A. ertek, the and terra cotta mm .ffecturing. 5 Omcrete products manufacturing 6. Pbad lot for raves than twenty-five (25) aniatrla provided, however, that no use Permit shall be required for any feed lot operation set forth aa a permitted use; UAW paragradl9 of m bebctian B of this Section. 7. hrtilizer arrntusfacturing. 8. Oxet Vanch or sunner cruet. 9. Ratting and fishing clubs acrd hunLing and fishing nn a commtercial basis for mss bm of thy+ public. 10. FludMM grOWL'1g, 11. Petroleum products, manufacturing w4 awle"le storage. 12. Potesh works; provdaded, hod- wer, that no Use Peranit shall be required if a mirfa5e atLtdrrg permit ad/or reclranation plan is T"Arecd under the provisoes of section 7W et seq. of the Ordin main Cade of R1dam 03tmty. 13. Quarry and atone Tdll; provided, hwever, LN4 no Use PPm&.. shall be requtred if a OW(OCG mining ?erndt "/or reclae., o plkn is required under the prcwiei" s of section 7700 et seq. of the Ordinance Coda of Tulare Caurty. 14. Paishg or slaughter of poultry alien irore thm three (0) birds 6jr each 1,300 aware fee, =n the entire property, cc tie than a total of 1,000 birds in all, am on the property at arty time, 15. PAWng or slaughter of rabbits or other , sWIAr furbearing onirrtsls atten a total of more than 240 tiatute animis are on t1,e property at any time. 16. 'Residen es or aobildurts in eicesa of otiose allowed ander pat.Vraph 2 of subsection S of this section, for use by the permis specified In said paragraph 2 of tubceetion B. 17, lbdk crusher and distribution of redk, ,nand &-d gravel. 18. SW tall Is shingle trill, or box siuok tdlI 19. Sale of ugriculturasl produdta, including sale at roadside studs, thich doen not constitute 4A alloaid use carder dub:oction 9 of thin sectlext. f 511. SwActo to fstr m or f=m-mlated activities in plestting, havestinq, taforpge, h"Log aid equipment. "pair sits 21. Semp tcreamatt plant and disposal aatiss. 22. Maugttutw"O. . Sim Ur uam�s Oren determined it ttia mmer prescribed in Section 15, pA'Waph 1. USE subpsnrsgraph 1, ittya b. 24. Divisions of land as follower a. Division of land moulting in paroels containing less than cna:-l�ilnz'red nni sixty (160) akcresi OW khu purpose of ronve;Vng Property containing existing agricr Mural-MAnted ind entries or Cet1'vi.C98 established in accordince ai,,ttti,,�ail�l,,rpplicabla baildLr and aurins ^' pilatioq.9, Is. biVistions of land re3ulting in parcels contninxag leas than ow-lumdred' and sixty (160) acres for the; purpose of establishlx,4 new 03ritUlturAl-related Industries or srvi.ces in accordance Vith all eapplicFable bu ldi:rsg and zoning rtlatiats, C-1 avisfam of land resulting in Parcels containing less than same mr dred M scatty (160) scree 6V the purpaae of conveying prpjmrty containing perennial A&VIcultr{al erups such as fruit and mit treed tend vines r,hidh have continrnusly existed at the property gor less tlum five (5) years. ter rPQc1A ts.V permit may be approved for vAit division of lmrt unless it ib fel that, a sufficient water supply bt irrigation is available arxi Neat the lana proposed to be divided It suitable for the oammh1wial cultivations growing and lm -Vesting az said perennial VicultutrA chaps, Any parcel trusted pstrrss ett to this eubpacagradi Omll be st leant tftty (20' Yxred Ent size; prmruiedi hNevetr, i t that port i(in of the property ca,rtalntoa said perennial ieulttL mops I'd leU than Watty (20) ,weed but gra:atee titan five (5) acr a, than ptol*rty ctnntaining at+id crops may be conVayud 43 41 t W14 unit, There maty' be more sr,ki tea divisicin of 14-4 pursues to this dttbp&xgx'* 6ectisoa 10.3 d. 01ABions of lard reeultiM in X�'�xls cantaininq less ttvrn on ,. NA,red " sixty 060) acres for tho Purpose of coeweyirtg Property fX1 612 developernt of perennial 4PLcultural crOPS such as fruit aid �nut,,tre" and vines.. tb .special use t xmit� be dW wed. .for such a ' lam unless it is faired dut a av1#icient loter fly for 'dgatim is tic kill be available and that the laird proposed to be divided is suitable Cur the comm.,.. cial cultiVation, grmfixv and harvesting of the Proposed peftnnial %Ticultural crops, Any'iarcel created Pursuant to this sub- ParagraPh stuli be at least taency ( ) str+es iv arra, 'there may be thrs`1 case '4,t$eji0n of lard • to thtro subparagraph., �e. Divisiarrs of *land reaultiN in Pntroels ood-AWng less than one- hx,dred and yixty (160) acres for the pu a of financing on -situ fvr;vis other than a residence, Fh %", walls and hedges shall be Perm.tted. mer, to solid face, a.11 ar hedge sh,1l esxetd three (3) feet in to int within the Arps contiguous to two (2) in[ r:ctia� atr"ta Q11411 is rdescribed �,=s IV'xAwat areu anbthe street side of a;i+. lir, C=Wtun Points, measured le a ria lntersectirxi corner, ,Fifty {J0) feet acY a mirtiar okrr:et side of ��.n p�yPerty and .sever >�. (70) feet on a major st,eet 81 3a of the Frty. 1% AND rSgLrLt 4iiy17 It Phint Yard. The aruum,m front Yard ahall. be C"went) five (25) feet except along those streets ad h4�hw" there a Vftter Setback is required by 'this or by other Ord inanct. y 8 of the 2. Rear Yazd: the hunirri n rear yard shall twaltp»five (25) feet exr-tt; alp, those streets and h' I+ater aetl+ack is '��ys theme a dtdi0l* Srequired by this Oe qty, by Other lhdinanrea of the J. giole 1'mds; The +6d=lq aide y+uda be ten (i0) fere sha11 utre�s 4d higfnta).s ert thane setback is krester Viroid by this ordi.1,nae or by other r� ordinances Or. the County, 4*6 -16is 4. 8trv,d ynnl nada ,maybe uaed fir cbw or ullt r'a cro ..asd Par gr vim PC Go REM M Part f the mo�xi than fifty (50) feet to the uppermost OL108, granaries emeK that r�rater tare o� �iculturnl n c..,otY 'barna all fifty (50) foot Lhy hei structures may do not Project into tt►e i �t provided they 1 or other tvatrictEdl nr t3ice-oFl aad abliched pur+nirr,>t areas of an Airport, to atxtiona 7275-7202 of U10 Ord qnCe Cale ()f 7'u1ere county, OLM"21 gp bYC`lll M. attuctux" usod fOr hunun habitation shall t►reot} (20) feet. 'iia minimj, distance bqe bst , a ntructurrw ustxd for h=11 habitation dw att"t COON urine b , or hotta' � ern, ca'�rca1 OtIch livestock ,, pelt Is m sr>n lot or paroel a s the ,Structure for hulan habitation shall be In otxe hundred (100) feet. 8�tures are aWliedtere at the to the Property oh� do �� is ++itfi ti - .a td distance Comply Mceh dtrwetures ma forth abov, � aodditian9 y be strueturaLly altered abs the dUtanc��t,*to uch atrxtures era long rel.. the Structure& is not SECTION 16., t'"aIANCES When practical difficulties, unnacaesaty hard- ships or results inconsistent with the general purpose of this Ordinanct result through the strict and. literal interpretation.xnd enforce- ment of the provisions thereof, the planninz Commission of the County of "Tulare, upon the receipt of a verified application from the owner of the property affected, stating fully the grounds for the application and the- tarts relied upon, or upon the motion of the said Commission, shall have Authority, as an.admin- istrative act, to grant, upon such conditions and snfeguerds os it may determine:, such variances from the provisions oe this Ordi- nance as may be in harmony with its general purpose and intent, so that the spirit of this Ordinance shall be observed, public safe- ty and welfare secured and substantial justice done. (Amended by Ordinance No. 810, December 12, 1961) Y. The granting ,4 such variance,, when conforming to the provisions of this paragraph, is hereby declared to be an administrative function the auth- ority and responsibility for perform- ing which is impooed upon, ,he 'Planting Commission, and the Action thsreon by the Planning Cd mission shall be final and conclusive provided the circum- stances ircumstances prevailing in connection with any such variance conform to one or more of the following: i A. Permit m conforming use in a rano to be extended into an adjoining, more restricted zone. B. ?emit a transitional use on s lot adjoining a nonconforming building, provided such transitional use shell only be a use parmitted in the next less restricted zone than the one in which the nonconforming building is located, C. Permit off-street automobile parking lots, public parking areas or etor- ago garages in "R" Zones on property adjacent to existing or proposed multiple dwelling or commercial davelopmont. D, Permit the location of motion pier ture studios in "C-2" Zone. L. Permit in the "C" or "H" Zones any use allowed in the next less reg-. dtrictrid tone because of its limit - #d nature, modern devitee, aqutp mant or technologieal 'imptovomsnte, P. permit in connection with'.authorittd uses in "R -air, ,i Cir and I'M" xonea ouch commercial or industrial uses so are purely incidental to ouch authorized use. C. Permit tetgiraty bui Jifiga and uses for periods of not to r, -n-eed two (2) years in un4 m lope. -d areae, and fn- periods of not to exceed sits 1 lonthe in developed sections. ti. Permit the modification of the automobile parking space require- vants wherein, in the particular instance such modification will not be inconsistent with tht purpoen and intent of ouch requirements. 1. Permit such of the height and arta ragulstions as may be necessary to necurg an apprup- riate improvermttt of ti lot which is of such shape or no located in re- lation to au�troundin g development of. physical ("114racteristies$ that it cannot aGho wL$a be i%pproprintely improved a�l,t:hrtut such mo0.l ication, J Permit the froi0 ficution of the con- ditions under w1ach specific uses ace allowed to rttrtain zones, Provided that in no case o_lyall any of the above vetriances be permitted where they may become de'tr'i,mtntal to the existing, or future develop- ment of the immediate area, or neigh- borhood. TI A. Variances other that'( those specified above shall ba grantKd or denied by the Planning Cocs#soion aubject to a right of appeal to '(lose board of : upe:rvisore in the manner pro- 'aided in 5ectloo.14 , of this Ordinance, '(Amended by Ordinance No. 1173, affective 11/13/78) b. All of the following, and all strue- tutee and accessory uses directly related thereto, are declared to be apecial uses and permitted only in ttie various zoned indicated below upon the Rranting of a Special Use Petr:tit, and authority for the loci- tion and operation thereof shalt be granted only under the provldio M of 'ro►r6tor thin section, This declAo- tion 10 based upon the fact that all of the uses herein enumerated posseas chatactoriatics of unique and rpteial Forms no asto make impractical their being included automatically in any specific zone. SPEt+M Usts ob Zarb'($ IN WICH ALIANA LEi Aircraft Industries end aervice establibhamnnta ongaRed in manufacturing, tenting, repair Ot tmintennnt:e services to aircraft used solely for agricultural purposes where such industries and servioae aro located ankh An airport - AP,, 040, AR -20. AB -400 Z46) At1, (Added by Ora, No, ion, 'diectirve pec, 124 MO), Alrp)rt w M -20j W,40, M -W Ari►,.APO o, 1-1.10 H-2, Ar '(louver, to pexralk L reastirad to 10c+ste an a airport to the A-1 Z(xv, in cattformarv-+3 Stith the 'LU Aft Cmmty Airport Kasten~ l 144, (Awattled by Ord, W, 24011 d&&ctive _V26/!ii) Section 16 a Airport, agricultural - A14,,j� :„ Qti,ffl,-2Q.,,AE4,Q'. AE-Wjk" ,.6F,. 0, "-1, M-2, M. (Awarded by Ord. No. 7.407, effective 3/26/81) Alcoholic bavaragae, sale of under an on -mala license - C-1, G-2, 0, 2}-1. Animal hospital, largo and arall, or clinic and veterinarian office - AL. ATr�1C; ^AFr2Q Animal hospital, cmall or clinic and veterir.o arian office, providing all operations are conducted within a, completely enclosed soundproof structure - C-2. Agiuul sales yard h -1A. / j h-2. (A w -n ed by Ord, No. W,, effecti.,,b 3/26/81) Anacmbinge of people for educational or enter» tainnent purponea..in a building or open. area not othertries approved for ansamblage° under this ;Ordinance and including but not limited to auto shows, boat shouts, art chows, exhibitions and auctions - ALI AFrIO a, AE„�.r» �"�'Qo, �:'� ►, it"l r. ??', 0"1 (14-=W by Ord. hlo. 2407, effective 3/26/81) Ball park - M11 AL, o C-2, V J, Ap B amaa Fuel Ma:xafacture, crr=rcial - -AF&, p AS -10 AFr20s &-14 M -W t -11 AF, M-1, *-2�. �i0mded by Ord. !b. 7/+Q7, a fectiva: 3/25/81) biomass Fuel Nanufacture, Persdnal- FAQ 1. N-1, M-2 (Added by Ord, Not 2350, effective 7/31/60). 8otvou pit - AL, iQ�!►".?�k.!�:L'�40A, ,!.So, h-1, Aly, R -A, O, M•-1, M-2, AP. provided, 'how- ever, ock-ever, that no "Uae Permit shall be required if a eurfce mining pormit xis/or reclataation plan is required under the FroviaLme of section Met. tw , cE the Ordinance Code of'1uiAio Cnurty=Pmcrded by Ord. 1b. 2220, affective 3/39/74). (Amer►dai by Ord. 1b, 2407, effective 3/26/81) Imtling Alley .. IN -2, 0, 3-1» Cabaret, night club, 44incing or entertainment in 4 bar, Ufa or restaurant • O, C-2, M4. CwV,a;!vxd 0, M1, C-20 04suaade1 by Ord. Na. U07, effective 1/26/80 Carnival A 1, C-2, 1+-1, Y,2 Ceavctery, coltwmriun, h austdltom, cronAd y f-jtjti,!ii't 201 e !'+Q► lax` , lk ,l,t,til , R -A, it Q1 tt-3, Ala, G`dtxl by Ord, lb, 21+01, effective 3/26/8l) AP, K -A, lt-0, (tmendikl by Orth. Fb, 1MC17, ,3Ctu-ttive V26/81) Ctxcus - A-lkNAL1t , M-1, -2* K­W hairy, ashen mote than 25 cam► acne on t1w »y it $,,r t-�?��.uc?j (&Xnded by Crd. No. 2407, effective 3/26/81) DSUC:- hall - C-2, M-1, 0. lrgnotriaa atabtishrmr.s such as acadaanies, schools, and stables - M A kr10 AE 20, AM - 40 A . �O, h- gj R �A, 0, .4.1. ixYed by Osd. 1to. 24070 effective 3/26/81) Yairgrotmd A-�, 0-2, 14-1, Fire Station - A8 Al: - A -1 ,1Prl AF, A -A, ", 1t-1, 1t-3, 0, P-0, P - i.. cr1, a 2, ?i-1, M-2, AP. (kxn1 l by Ord, No. 2407, effective 3/26/81) Vlasanable liquids stored above ground for a period Of forty-eight (48) hours or more In Containers 'IUIYinB A aggregate rapacity ifi excess of two thouaand (20000) gallous Per lot or parcel, or Contiguous lots or percale in permanent, temporary or mobile containera, indoors or outdoors, whether Intended .for commercial or private una or or off the premises, and whether stored its a primary„accessary, or incidental 4ro•• Ok AK -MA AP, M-2. pegarxi- IPJ ib�YW�. ? 11414.10 no perms, reqiAred to store damnable liquids in railroad tank CATs tdaen such talks care are located on 4party under railroad cnmpany ownership. "o. regardless of the foregoing, n special -rmi't shall not be required for cargo �n vehicles, used for highway trans pw ion of flammable liquids even though they may be parked or stored at one loam- tion for a period in excess of forty -night (48) hours because of vrshicle rrpaira, eats, of Cod or other reasons that make it im- practicnl EOr the vehicle to deliver the >lrssaabla liquids within #aid forty-eight (48) hour period, so long as the owner of the vehicle. or the lona, or anyone acting" on their behalf notifies tha Planning Direc- tor vIthin said forty eight (tib) hour period Of the location of the vehicle and the reanon for the storage. The Plann.ng Director shall notify the county Pita Warden of the location Of such vehicles. (&z!nded by Oral. 1b. 2407, dfactive 3y26/81) (elf u7c>iRae - o. -)'':4_Q ,,. 80r Ml tar, f1-�1, t O, O, Ali. (Atendeil by Ord. Wo W7y effective 3/26/81) 001f driving range �» M1, 00 C-26 Ap, Heliport - A8, Al -10,k..4- -i, Atr, 00 P-01 0-21 Filly M-10 AP. (Anaatrti+ad Flo. 7/407, effective 3/16/81) lgetiport, agricultural - <nE 1tJM 20,E 9-.-{O, r-Ay�1.AP ,J 0, ;!-2, AFS. (Aror�dod by Orel. lty. ?1+07, mEfective 3/Z6/81) Hospital, ouuyftnrlutl and nursing home 1t-�A, 9-3, P-0, C-1. «�.ar ;1ei10 at aareactiaa,dl ►srtttutlorl*-1,t-70,yA 'G0, Ak`60, A{1, Alr, C-1, k-11 N-1. 'llouauer,° no 8at;k.tin 16 parfait is r4qulra4 to lncete a SAIL or cor- rectional institution in conforp4nce with the Public Yuildinga Element of the Tular• County. General Pl,en. Rvdio, ticrowave &04 6alavie;ic. t 1t0watrrt In d.7rC1f 11� Of caveat fiVC y' (79) feet in height or with- (Adde�t by Ord, po, #430, ofPoctive 6.28-81.) in tyro tsdlen of an airport at heliport: - AE A8-10 AE-20 ��,� p ,, ;? �YtM1d)la -' IIEE AD-10 AE 2A ��y�..__���� �v ht ....� � ,. .: I ., t 4. AF, R-A. , R-1 It-Z R-3 0 �!"+ M, 0, fS-2, 1, lf-2, t'.. by Ord. k. M-1, Fi-2. (A,utrdsd by Qtd. 18. , effective ,'x/26/81) Y effective 3/26.W X elbvr cam, 'P - ABr t M-10 AE ;20 AM-•40, ....� ...1_M,u_.,, ► a(htmxitd by Ord. Vtecreat ion c*nter - r��'la, R-1, FE'2, "1 Bt.. 24071 effective 3/26/81) Q, 0-11 0-2. (kxrdM by Ord. 1b. 2407, Mxworiel building, theatre, auditorium, not effective 3/26/81) including school auditorium -• K 3, G-1, C�-2, RO""tion Vehicle Park 4 o, Awl C-2,{tE-lO ifinxiatuve Olff Caurao - 'i-2, Z{-1. AE-20, AT-49., III-8,0,,.6F:"IAddtdby�«,,�.a+ 641i iic' Yicr 2p5 , ae;fQctiva December 24, WniM 0C dttractim of tyx4ja, rssisrsalo, 031, 1981, ) ar hydrocarbons, together with neces- ��. �' �5s Wkiou*, revival ems' 6 � v +s 10 a.�,t-a,12o, , atua end apptrtan ir�iicsrisl C}baler 1, � �0Y "+-44, ed �AmFztl2!tO7, .h8 ►, f- k-1 T�, A-A, i14, R-1, R-2, R-3, 0, eiidcCive 17b/8l) t"-0, Pmir 0-1, 0-2, 14-t M-2, AAj lihwidW Rifle, pistol, shit , and 'mayclubw wd b,%"r, Out no tke ?molt Shall be requited "118"; - Is &J 710, >��a Ak/t0 if a curtua t1dnir;9 POtmit &-d/or recltniattinnn is AP-40 AIN b, �ib t Herat of the ' faril oicLg, Gh`tA t to c to si 6d tor-rifle, plus rcquitvd under the nrottjinieng of eo:tim 7700 et stmt, of the 0tdiiiar4e ehoCgtzn and a piotol vahery rungcs maintained Cade of UAeM by Ott. No. 222U, effective 3129/79; atoerrimd by Ord. for private use by rda,dents residing on the property on which rho range is located Also, Fii. 2407, rdgardlean of the fOrdgoist$, a OPQ :ia1 use permit mhall not be Hobilehoian dovalapmant - A"A, H-O, K-1, &-2, required for indoor rongaa which aro,. customarily R-3. However, no OPOtial uaa permit chatll be required if any of the accessory 44d incidanta�l to the conduct of an allowed und. aforamantioned zones is combined with the NO Spacial Mobil000me CrAtbining CJaaetded by Ord. No. 2407, effW-Ave 3/26/al) Une an edt• forth in Section 14.1 of this Ordinance. (Added by Ord. No, 11odeo groLaj cc r0PiR3*ar+$m -, AE Ag- AE-�O ,�� A-1,4 AF00`1 ,&,-9,4144-.19, k-cti 2480, effective 7.1-82.) •x., +we.. 2 + by �. Pb. 24177, effective V26181) tlabiLohoma pat•ke - k-A, k-O, S`1, 9-2, - k-1, 0. (Amended by Ord. No. 2480, effeetive 7-1-N2.) S 1061, Privy " AE AE-1t9 AE; :k.. i.. � � wR-Os 32uroory aChool - R-,1, R-1e Ar1 AF &. 0 $ Pt di + O 1, 0-xy M-1, (Mended by 01 No, ^'2► k-3 0 1G-1 C:-1 a . , 2,407, eff etive 3/2.6/81) Police sCian AE, �E-14, »A"20, A4-r+0,► gip, A-1 AF, Q) -0, C}-1, o-2, M-I, 1'-2, AI,. 8clyoo'1 lie - J �20x A& ed Ery' Ord. k4o. 2407, e-ct'ivo Z/81) 12�A; aR=o, R� r1rivate club, lodga,-fraternity, ndrdtity, eat- '1, 4,1, 0-2, 1, (1y 24071 eMctivn V261131.) nded by Otd. Na, eluding those the chief activity 01r'Aticit is a tervice duatonarily carried on ate d buaiaaeo w li:A, 8"3Y 00 G-1, G-2. S'kat sa8 rink, roller tend Leo *- d, C-2, M-1. , l'u61iC panic cc playgratrxi w Ii;, A-10, Rel--?it, SCuditrtt or dl+ortei nrdnta, c•`e+.ludiag achgoi -40 0Y 0-2, AP. C,fir.,a+dei by Ord. tb. 1Ytee4tzd N, span air a,td driven in.. C-2, lF.l« 24070 tifetti" V26/81) hreate 4d refugia diapeoal oitea `u Public utility structure .. AE AF` 10 1!x-20 ABB At-AD =a.4-.. ,„,. + HI Ai R't, Public - Arlf 19 , e_ 10t..M�?5!���r" t ,#4-800 Ar, Li-2. Atsisiitxl Ord. 4t4 globi -k-. A,t , 1 M , �'31 y�i P+'1, U, C.,1, 0-2, Ft-1, N-2, ,�1r, (Aosendel bygtrnntn olvA 1 Orli %. 7407, ef.%ctl,ve 3!26/81) A 80acial Vee Pauactt that ba d t oly If I,t slic WJrSta FtnLttenc,tce lacititiea - +..A : q, it is fousid khat tha aatabliohmatit, tibintan* Anca and operratfan of the use of but;;'in!i . t�`1,. tit ►f 1, M•2, AN n4- land applied for X11 ksnt, under the aircurw bY' Ord. Nfa. 2407, e.ife °iVe 3126/$11 eeanr ea of the prsrticulnr wAncy be de s tit,sntal ACe track, 10clu"ng tra.F, quarter aid-and fat; track, o the h!alth, unfetyo peace Worala, C gtne.al, V0lf`ara at porsorir rasid„ngciafurt ter {ley-Cert track *+otar clo crack, autrtaanbilc Itet;d, and athdr traaka tttc- d , geneeil Nelfere of the County, eX flan sPet tsits cgptin 001661 tradk w 144-1, th1, i ,^, wry b,m treated aubj'ei t to much dbnditiora Asa will 3nau-1 cOrV11,44ra writh the aforettAnti,an d bt"darde» • In addition to the special use,, listed herein- above, certain zones included in the Ordinance rm:mit or variants, tha also contain additional special mien which requtr® Spacial Z�hltit; A,lmttiiitrator ahn1L notify tht" Uot►rd Baa Permits. ui SNfinlj visors oa the rntt that the ' ~• C. till Specink Use Perini ca shall be approved PL rmit tar var,unst, is Under and ellower3 subject to such conditions and cunsiderntlott if thy: Collu% safeguards as the Authority grancinq the Ing acts hnve occurred with permit shall spectty, under the provisions regard to the property for of thin Part nntl Part Ilt of this Section which the Permit Or varisnca pertaining, t"n. Vnrintica:l, provided that is rtqu ate'1: ehowinge required by Paragraph C of Part Ij III of this Section need not be made. (a) A 4cilOU1 dlstrlct hna (Amended by Ovdittance No. 2179, effective made tike findings spegl- 1123 79i fled in section 1662 int D. 1. As an niternnttve to the procedures the Ordinance Code of Tulare CoLm tyi, and otherwise set forth in this Ordinance for acting on Sperial Use Permits and (b) lite Board of Supervisors for ne:ting on virt,inces Allowed undo hnv concurre•_i in such Parte! I. and 11 of this Section, the findings in accordance' Board of Supervisors may, by resol.u- with section 7603 of the tion, nutltnrize thU Zoning Admin.is- ordinance Code or Tulare trator to hold the hearing and make County the decision on applications for spa- cified Special. Use Permits and vart- prior t.a the Zoning Admittist,rutor antes. The Board may also adopt holding a hearing till tike i'crrnit or criteria, standards, policies and varlanr_e, the Board of Supei•viaora controls to ptovide assistance and hall rake the findings redo ted guidance to the Zoning Administrator ill slction 65972 of the Covorn- ih trictlting decisions under k11e titan- meat Code of the State of 12,41for- dards' which are sot forth in this nia and cake such oilier Findings Ordinance, (Added by Ordinance "No. 481, ef- and decisions concerning lrpo6ing, fer-o or dedictrtions of band fective ;rovember 29, 19511 amended by Ord; No. 1972, effective November 6, 1976.,) to school districts as hay be re- Cuired by sections 7606 ht seq. 2. C$hru so authorized, the Zoning Admin-- of the Ordinance Code of Tulare Cou.tty. (Added by Ord. No. 22170 istrntor shall hear and decide appl,i- efErctivo 3/22/79.) cations for such Special Use Per►nits and variances pursuant to the follow- ing procedures: (2) if the spixial Use paratit ne vari- &lce will allow is use of red[ a. The Zoning Administrator shall propitty which is 6ubject to proscribe the Eortn, contents and revittv by the Site pins Review "or st�titxt 15.2 manser i preparing and submitting the Application ll,cation for a Special Use of this ordin=ce, the zoning Aln►n- er mit or variance: 'ilia fee: pre- ist.rator shall n&.Ify tate Site scribed 1'n section 18 of this or- Plan Review (`jiittittCe of thr 0*, dinance shall be paid at the time that the Permit orvariA►k4 13 that the application fo,' Special under t:onsiderat;lell, I% did!.-ion Use Permit or variance is fila d. _ - of the Zoning Aaninistritor as -I ++per permit or v,•iri b. `(here shall be a Public }tt.nring subject to by t14. sit ire plan before tho Zoning Admtt'istrator teWiW 0oamittt6 shall be ttxi-* on each application. The Zoning unless and until tits Site lal.►n Administrator shall sett the public PANita Camtittt-� stlbriit4 d writtrn heatinA oil a date not more than report ns h-quired by this thirty (10) days of ter the filing O dills nice. (Aldve by Ord. 24170 Of the dprlicakiOti. Howevori if effective 5/13/81) an environmental impact trpott is required to ba preparrd under the c. Not lits than ten (10) days prior Env ronnetttil t;uality Act of 11)701 to the public h0d,ring, the Zoning and regulations adopted purnuant Administrator !;hall cause notice' thereto, the thitty (34) d,hy pt;ri, of henrillg to bet given. Notice Lod shall net at:irt to run until 611611 be given by mailint; a notico all requirt.d procoduren ill con- of the hearing to the epp,lidint nection with the nnviroiurientsl and to thu owners Of 111 property impact roport have beer t:n^,pleted. within three hundred (300) Net of �. the oxtorijir bound7riot; or tilt! pro- (1) 7f the SpcciAl. Una 11ereatt or petty to which the 9potRinL Usa wariWnce- will Allow rt'tti4lon- pei'rntt at' vartanre watilt! .trply:, tial utio of ihn proprt~ty. 11 kite property to which the Special ' and nurh renitlo,ttfni t►n.� 1e Use Petintt or vd` lloce would apply riot allowed Without t uch Only is a pianist► of the proptirty S,jctlon 16 owned by the aprltcant then Haid notice shall be mailed to all owners of property within three hundred (300) feet of the exterior boundaries of all contiguous property owned by the ap-- plicant. The name and address of said owners, for the purpose of such notice, shall be taken from the latest equalized County Assessment roll. Failure to mail or to receive such notice, as a result of mistake or inadvertance, shall not affect the validity of the hearing or the dracision ten- dared; d. The decision of the Zoning Admin- istrator shall be in writing and shall include findings of facts relied on,in making the decision. e, A copy of the decision of the toning Administrator shah be publicly Posted at or near the door of the Planning Department for a period Of one (1) week following the making thereof, Not more than two (2) days, after making the decision an the application, the Zoning Ad- minietrator shall cause a copy of the decision to be mailed to the APPlic&%, to the Board of super- visors, and to any other person vho has expressed an interest there- In and has deposited with the Zoning. Administrator a self—addressed, stare- ped envelope for that purpose, Pail- tyre to mall or to receive such notice, As t result of mistake or inadvertaaaee, shall not affect the validity of the 'decision. i`. Any person adversely affected by a decision of the Zoning Administrator on the Special. Use Permit or varianca may appeal the decision to the Board of Supervisors. An appeal to thn $surd of Supervisors shall be in. Uriti,ig and filed With the Clerk of the Hoard of Supery.isors within ten (10) days after the date on which the detiaion Of the toning. Adminie trator was traade. An appeal shall 06cificAlly set forth t:a Ercuods for the appeal. Ntotce of the np- peal hdAring shall. be given by the Clerk of the Board of Su;.Atvisors in tht unire manner at sot tU`th in sub Naragrnph c above, Action on the appeal 01,411 ce taken in ac,`oedanea with Section 65503 of the Cdvetwent Code and the required notitot under Strtio.i 65963.5 of the Gnvorn,�aent Made, (Addrd by Ord, no. 197i effective t;ovc:weK 8, 15;6: nmc,nded by Ord. No. 2069, rfttd t3ve Dad. 6 19174 �. The decision ut the toning Adn.in- istrator shall btcomd 01161 ten (10) days After the data that deem+ bion ie made it aro appeal has brnra filed puraa,ant to paragraph t above,. �MaCtah !d Uhen no appttnl hal been .filr;d, the Zoniug Adniinintrator ahall glve the required notices: ,Wader vection 65963.5 of the er Govnment Cada on behalfof the Board or, Supervisors. h. The procedure set forth above con- atitutcs an altornutive procedure to any otherwise hravided in thls Ordinance for grnn'ting .Special Ir:;u Permits end varl,incrn, Ilowevcr, unless the npplie'llit requests that the planning COMM.111frton Bear tljt spplicntioh, thv procedure ser forth herein a,hatl Ila followed Iry the Zoning .ldmini,,tratoi• wlrcMa,vei. aPplicnble, (Ar1rl,:il by ordinance No, 4810 e£f ect l ve Eaovember 290 051; bmorded by Ord, Nu, 19720 affective November a. 1976,) 1x2. A. upon the filing of a verified np- plication by a property owner or upon its oan motion, the Planning Commission shall giVe public notica of the intentiati to con?lder the granting of a variance ati provided is Section 1S. (AMended by Ord- mance No, 010, December 12, 1961) it If the variance will allou reofdential, use, of the prop- orty0 and such reaidentisl use, 1e not al,lot;td without" much varfancti, the Planning birector shall notLey t1,e board of Supervisors of the fact that the vari:Ace is Lander conslderation if the following acts h, -WO occurred e:ith regard to the propea"ty 9Or 'which the variance is re,; sea ted. 44 A sctaool district has 'shade the findings apeti- fled in section 7602 of the Ordinance Code of 'Tulare County; and b. The Board of Supervisor, kaau concurred in such kindin,;s in Accordance With section 760J of tie Ordinance Code of Tula, a County. lrrior to the Plann1,ig Ccr4iss1ja holding d hearing on the v.iri.tricoo tha mord of st;p4rvlsors shall "ke 0oo findinga tcquired its dection 65972 o► tho C.Sve nr,.ent Code of the State of Call-.eirnia orad a►iko ss.;h Other f4hd1hSs And d9e;l;tIgltd ctanci:rrtirn irposarg f�k3 or dadieaF:as c 1411d to 941tonl diaerict:, as WV be required by uect�ons 7r�Cb of LOA. u;" the Ordinance Cude�of iular,ajk county,. (Added by Ord, go, 12170 of eutive x. If the virirrxx will 41o,. At 11e of real prafxwty %hick u nb*t to revicv by ter; Sits plmn rkeAw,; Cmnittee irvler Section 16,2 of this ordinarme, an ?tWniVA Ccxmimfiton shall noti:tj the site plan ricviaa' O=dttee of the fact that the permit or vrrirnrA is under crftsideration. Pb decision of the Plam&ig Cwmiusion on a vari occ sub jec,.. to review by the Siete Plan l`.,,vira C4rudttee shall be male unless a:Yl until the Site plan Review Cunaittee subztits A written report m requirod by this ordirtanrz. j Wded by Ord. 2417, effective 5-pSr81) II A. Not tota than thirty -give (35) da -/a fallow. its dnid hosting, cit Planning Cotaisa:L'm 0W1 announce its findings by fox== reso- 1•ution and said recolLt.lon shall sl'Rt,'�" stong bc',rar chi:.;-,,, the facts and resotzm 'atticlt in thn opinion of the Coorniasion, shake gr-irigg or denial of the varies iancIt „+ :P.sc3.w «: ry out the provisions o£ this v :s« • a .» an, "'naval P�Irposes oi" thin a: C), �' 03, 0 UN 91 COMMUNITY OEVELOk'ME NT AGENCY 292 West Bermer Strect: Woodland, CA 9.g695 December 1, 1982 B.A. Kircher Director of Planning Butte County Planning Department 7 County Center Drive Oroville, CA. 95655 Subject; December 2; 1982 Letter Requesting Information on Accessory Uses in Agricultural 'ones. Dear Betty: Enclosed please find a list of accessory uses as stated in Sections 8-2.403, 8-2.500, and 8-2.608 for the Agricultural Preserve, Agriculture -Exclusive and Agriculture General "Cones respectively. In addition to the listed recogni-ed accessory uses, interpretations of various requests have expanded upon the definition of accessory uses in Agricultural Zones, We have not yet compiled a list of those interpretationsw, Should you have further questions on the Yolo County Zoning Ordinance please contact our staff. We would appreciate a copy of your proposal if it includes additional accessory uses in the agricultural zones not included in our ordinance. Glad to be of assistance in your work, Very truly yours; I Jeff L. B (Ben) Hulse, Director Community Development Agency JLBH:DH,1ur Enc. 1111IhUING & SI'tr PLANNINU INNS1111:"TION 6661I556 WGllth 66618531 111kIIa'INK; & MTV IN'41ICTION W Silt. 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(if): p€ie !slaitays rEq arls pnu `mn `suoffe.-A rsztuoq attgour Sutpnpiq `trautspsaq °iol srailags L-modtuay (ul)' `asn plaza iad EudPulzd E m mumundde sdrus gatpael ,G.teroduray, (I? :£ale IMot 3g- ut USi012 AVIBu3 -rid sionpord (rumttn€z9L 3° 3Im 2qi roj spurs 3pcsp£o,I (ii) ESE L86L'LZ Aienjgaj , bZ 'or4 tvudaa ' asn panttulad led�uud s Jo i3npuoo agt. of {lessaaau puE leivap;aut saolt}0 ( (It6t `5.1trFti ;t�a'p.S9 P'o:'I �={�tna�ada�) (�j (IL6I `£I lagawo :t#a `z- '88j, 'pio `I 9 t9 Paleadau) (q) sdtan zogal Sutpnlout iou ir.T -assal ro ja"G {uadosd aqi }o satipla., pue sastutaid atti uo ga.{o(duta sueCszd jta muen6 3umm (S) s2utpltnq itiaueuuad, ou tlitM Faie ud pus :)ggnd `sgrta Sutiunl{ (j) :suo mdnoao ZWOH (a) ;ssautsnq -a se paianwoo asteuatno io paivai iou sasnoq isano (p) aip ud `saiq£is piuE `aimiud `sum 2ul-4nd "atenud `saSz1EQ (o) (EW 't l SEK`3la` SF98p'PjQ'5 § &gpateadaU) (q `asrt zt';turts E zoi Passat zo pa-uar aq Seal asn p:drowd am }o uoti -Prado act-: roj famaaau raSuol ou asn leimInot,Se up- of iueuailndde puE fitetuoisna sau. Tamp pus 'sarnionlis 1tpltng ;ernilnouS�! (E) .auoZ d -V aqi at pai-gmad aq Reds sasn Xioss;=L, Sucnoltoj atLL .(d_V) sasn S ossaaov TofZ-9 'las (t86t `S<tlenuel :tla'`99'[83 ° plp ° I � 4q papuaine st: `Lb`88b "P1Q `� § :Cg Part E � `SSt? `PjQ `�il'S §) •atlgnd `sEale uopean-al pue s jmq (a) pus uotxeaado pug Suttlup hart st:S Pu IIo (p) suatiEsgnsuocingu;stgtsa[-taat� (a) .saroe ([)Z) C-uv&I iseat iE &tumlaoo waled E uo paiEaol uzu auioq a(igow auo to Sutllamp Xlttusj-ajauts aup (g) `laidetp stgi to apt ro It w tilt-oac itt a�rtrap le StlSUtdn_o Finiln,=t iE ;;;:r.z! ^S `'zie.jaiad zq; !'z isc-ddns at{ toi �a": ..4r . �t Tal :3:Essaoai zq; 1—i. 'sasnoquaa.5 put: 'sauasinu 'sd.*la aan 'sdera play : ipusgsnt I£uttuB `saStim paisa q 'ol paitut{ul iou inq 'ss sasn ns pue 'sasn-anis put Sutppng leenInauSe S utoisna Sm 3utenpu,`ainz�ta,prt (e) .auoZ d -V at;i ul paiituuad zq 118W sasn IEd:a i<ud Sulldotlo3 ate,. (,d b) sasn paiicui ad iudtau..uj `Z0t,-Z-8.3a5 (ft'8St-'pjE7 `E §,K9 Pappia sv F88t'-Pio `ITS §) astt I minm5a lc3 uEld tamK aqi ut: panuttsap -Earl ut iquo patlacfgeisa aq flmrs uousat- ssEI3 auoZ cf'V atiL `.961 }o MY uotiEnlasuoQ f.i - g o -_..uv_ t ULU L UUN t Y LURE .- Sm 8-2.408. Other requires:: conditions (A -P). The division of land: in the A P Zone to create parcels containing: (a) Agriculture, including any 71istomary 'agricultural buildings - less than the area included under the original application for the zone and structures, and such uses as, but not limited to livestock ranges, change shall be subject to approval by the Commission. If the Corn- animal husbandry, field crops, tree crops,, nurseries, and greenhouses, mission finds that he parcels created are consistent with the zone by together w;th all the necessary equipment and facilities for the support preserving the agricultural use from the en>roachment of nonagricul- and maintenance of the operation, arid other agricultural occupations as turai uscs� tend to maintain the agricultural economy, tend: to ,assist defined in Section 8-2209 of Article., of this chapter; in the preservation of prime lands, and preserve .!ands -with public (b) One single-family dwelling or one mobile home when located Value as open- space,, the Commission shall approve the proposal; other- on a parcel containing at least twenty (20) acres; wise, the proposal shall be denied-. (c) Electrical distribution substations; (§ 2, Ord_ 488,147, eff. March: 15, 19.B) (d) Hunting clubs, public and private; (e) Oil and gas well drilling and operation; and Al icle 5 Agrimtltwal Exclusive zone (.A-E)' (f) Parks and recreation areas, public. (§ 5 0.., Ord. 488, as amended and renumbered to § 6,02, Ord. 488, by § 3, Ord. 488.47, ;as amended by § 2, Ord- 68l,66, eff. January 8, See. 50L purpose (A-E). 1981) the purpose of the Agriculture Exclusive Zone (A. -E) shall be to preserve land best suited for agricultural use from the encroachment See. g_2 S03 Accessory uses (A -El of nonagricultural uses. To remove any reasonable probabiliq that The following accessory uses shall be permitted in the _e -E Zone: land so zoned well be used: for purports other than those permitted in (a) Agrictltural buildings, structures, and dwellings customary - the torte; a thong;: from the Exclusive Agricultural Zone (A=�) to and .appurtenant to an agricultural. use no Longer necessary for the r some other zone shall only be made in general accord with the Mas- operation of the principal use may be rented or leased fora similar use; rer Plan, and any such change toirard nonagricultural development (b) Animal feed- yards where more than 1,000 feet front any shall re ;' e more favorable consideration if platrr*ed for the less pro- existing dwelt -inn; (c) Garages, private, 'parking areas, private, and stables, pt:yate; ductive souls. (§'.Ol, Ord. 4 as :�rrtended and rentrrrtbue� m§.dl# Ord, 48.9, by (d} Guest houses not rented o* :otherwise conducted as a business; 3, Ord. 485' {ei Home occupations; (f) Living quarters of persons employed on the premises and Sze.. 8-2-.502 Principal permitted uses (A-E)- relatives of the property owner or lessee, but not including labor camps;: The following principal usesshall be putted in the A-E Zone: (g) (Repealed by Sec. 2, Ord. 488.122, eff.. October 13, 2971) (h) (Repealed by Sec. 2, Ord', 652, eff. May 5,1471) (i) Offices incidental .and necessary to the conduit of a per -tilted use; (j} Roadside stand; for the sale of agricultural p_odu`rs pri- marily grown in the local. area; (k) nporary landing strips appurtenant to a principal"per- mitted use;, (1) Temporary shelters for herdsmen, including rm!bile hornes, - wagons, tents, and similar shelters; and. (m) Other accessory . uses and buildings customarily appur. Reprint 'Na- 7' - May 15, 1973': 3a5-1 Reprint No. 24 - February 27, 1981 356 tenant to a permitted use;, including,, but nor limited to, almond hull- ing and fruit, grain, and bean stamge and drying when such products are primarily produced on the premises_ (§ 543, C --d- 488, as amended and renumbered to § 6A73, Ord. 488, by § 3, Ord. 48847, as amended by, § 2,: Ord. 652,: eff. May 5, 1971, and §, 2, Ord.. 488.T2? eff_ October 13,1971) See. 52.504. Conditional uses The following conditional uses shall be permittedin the A-] Zone (a) Agricultural chemicals manufacture and storage; (b) Agricultural processing punts;. (c) Agricultural products storage plants and yard-;, (d) Airports and: landing strips, private; (e) :Myna; feel and sales: yards;: (f} Animal htispitals, veterinary offices;, and kennels; (g) Buildings and structures, public anti quasi -public, and uses of an administrative,. educational,religions, cultural, or public service types. (h) Cemeteries, crematories, mausoleums, and c€ilumbar nms (i) Electrical transmission substations, communication equip- ment buildings, and public utility- service yards, (I) Fertilizer plants and cards, (k-) Forest products manufacturing and processing plants, (1) Flog farm --s; (m) Tabor camps - (n) Nines, +quarries, and gran -el pits; commercial; (o) Riding stablest (p) (Repealed by Sec 3, Ord. 652.. eff. May 5, 1971); (q) _Other commercial and industrial uses of primary and es- sential service to the agriculturaluse of the area; including, but not limited ry, almond hulling; fruit, grain,. and bean storage and dry- ing, -.'the vdt of fertilizers and insecticides; the sale and repair of farm equipment and machinery, such as tractors and cultivators; and the limited manufacture of such equipment and machinery for use with- in such_ area;.. and. (r) One mobile home may be used: as temporary living quart- ers: uarters on parcels Ath areas of twenty (20) acres or more provided such. mobile horn- is occupied by an individual who is principa.ly engaged' in an agricultural operation on the site and/or any additional lands. $epnnt No. 7 - May 15;. 1973': 357 Such use permit shall' be subject to review each two (2) years and shall be revoked if found to be in noncompliance wi€h this regulation. (§ 5.04,.. Ord_ 488, as amended and renumbered to § 6.04, Ord. 488,. by § 3, Ord. 48847, as atinended by § 3, Ord. 657, eff. May 5,1971, § 5, Ord. 488.I21„ eff. October 13,1.971, and § 2,: Ord. 488.144, eff. January 26, 1973) Repaint No. 7 - May 15, 1973: 357-1 any lot irR 3n R { r C` Zone -or o �,. -chnol or -rtstituti: -± for br* am tare. (§, 5.07, Ord. 483, as amended and renumbered to § 6-07, Ord. 489, by 3 Ord- 488.47), Article 6- Agricultural General Zone (A-1) Sec 8-2.601:_ Purpose (A-1). The purpose of the Agricultural General Zone (A-4) shall be to preserve lands best suited for agricultural use from: the encroaChment of incompatible uses, and to preserve in agricultural use lsnd suited for eventual development to other uses, pending proper tinning for the eco- nomical, provision of utilities, major streets, and other facditie= so that - compact, orderly development shall occur. A change of zoning F_,assifiea= tion from the A-1 Zone to any other zoning classification shall only, be trade: in general accord with the Master Plan, and any suet: development shall receive more _favorable consideration if planned for x ss productive soils. (§ 6.01 i3, Ord. 488, as renumbered to § 7,0111, Ord. 488, by § 2, Ore- 489,47) rd.48847) r� = Sec. 8=1642. principal permitters uses (A-1). The following principal uses shall be permitted in the A-1 Zone: (a) Agriculture, in hiding an} customary agricultural buildings and structures, and such uses as, but not limited to, livestock ranges, animal husbandry, field crops, tree crops, nurseries, greenhouses, and other agricultural occupations as defined in Section 8-2.208 of Article 2 +nf this chapter; (b) One single-family dwelling or one mobile home when located on a parcel containing at least twenty (201 acres, (c) Electrical distribution substations; (d) 'Hunting clubs. p-dbhc and onvate; (e) O:l aray g-�sw_Ild:itxag zn' per.:atian:and (i) Pails and reseattoth areas. puiaErc. ( 6.0, Ord. 488, as renumbered. to § 7.02, Ord- 488, by § 2, Ord. 488.4.7, as amended by §- 3, Ord. 681.66, eff. January 8, 1981) Sec- 8-2.607. Accessory uses (A-1). The folltkwing accessory uses shall be permitted in. the A 1 Zone: (a). :kocultural buildings, structures, and dwellings customary and. appurtenant to an agricultural use no tenger necessary tar the opera- tion of the principal use maybe rented or leased for a similar use; Reprint No 24 February 27,1981 3Sg .­ �WL..xs vstc J C�-c_LK-t (b) Garag ts, private; parking areas, private, arm' st^hI >, "z-'' tt; (e) Gum hoi-cs not rented or otherw sr conducted as a } us - Mess; (d) Home occupations; (e) Uving quarters of persons employed on the premises and relatives of the property owner or lessee, but not including Iabor camps; (f) (Repealed by Sec. 3, Ord. 488.122, eff. October 13, 1971); (g) (Repealed by Sec. 4, Ord- 652;. eff. May 5, 19)1); (b) Offices incidental and necessary to the conduct of a ps- mitred use; (i) Rccreat-.n arcas, private and noncommercial, uses, and facilities, inducing, but not limited to, .country clubs, swimmi .g pools,and golf courses; (j) Roadside stands for the sale of agricultural products pri- maruy grown in the Local area;, (k) Temporary landing strips appurtenant to a, principal ag- ricultural use;: (1) Temporary shelmrs for herdsmen, including mobile homes, wagons, tents, and` similar shelters; and (m) Other accessory- uses and buildings customarily appur- tenant to a permitted use, including but not limited to, almond hull- ing and fruit, grain, and bean storage and drying when such products are primarily produced on the premises. (§ 6.13, Ord. 488,: as renumbered to § 703,, Ord 48'Q, by ; 2, Ord. 488.47rt as amended by § 4, Ord. 6552,. cff. '-vay 5, 1971, and § 3, Ord. 488.122, eff. October 13,,19771) Sec. 8-2.604. Conditional uses (q 1). The following conditional uses sMI be permitted in the A=1 Zone - (a) Agr._u. -Q: =.mss, rLanuxacture and storage; (b) .agricultural prccessing plans; (c) Agricultural products storage plants and Fare (d) Airports and landing strips, private, (e) Animal feed and sales yards; (f) Animal hospitals, veterinary offices, and kennels (g) Buildings and structures, public and quasi -public, and uses of an administrative, educational, religious, cultural; or public serricc type:; (h) t crncteries, crematories, mausoleums, and columbariums; RrpKat Na. 4 - November 29 1971 36} (if Electrical: transmission substations, communication equip- me' buildings, and public utility service yards; (j) Fertilizer plants and yards. - (k) Fo, est prc dtlL-€S manufacturing and processing plants., (1) Hog farms. (€n). Labor camps, (n) Bines, quarries, and gravel pits, commercial, after the approval of a SF ctal Sand and Gravel Combining Zone (SG) pursuant to Article 23. t of this chapter in off -channel locations, or after the issuance of a permit, pursuant to Chapter 3 of Title 10 of this Code.*lareas within a channel as definedf in Section 10-3.204 cif Artiele y of Chapter 3 of Title 10 of this. Code. (o) Mobile home parks with a maximum density of ten (10) units per acre and subject to the regulations set forth in Section 8-2.2404 of Article 24 of this chapter; (p) Recreation facilities, commercial, such as drive -it, theaters, golf drivirsg ranges, and other similar facilities, but not including facilities in which the principal use is enclosed in a bixilding, such as botiFling lanes. (p) Riding stables; (r) (Repealed b3: Sec. 5, Ord. 652, eff. May 5, 1971 tij r (s) One single-family dwelling or one mobile home when located on a parcel containing at least five (5) acres. One sinp-te-fanifly dwelling or one mobile horse strays be approved on a pz-rcel con€ainir r- les; than tine (51 acres when such parcel complies with the provisions of Section 5-12606 of Article 26 of this chapter; trl Commercial and industrial uses of primary and essential service to the agicultural use of the area, including, but not limited to, altrtorid Bulling; fruit, grant, and bean storage and drying-, the sale of fertilizers, and insecticides. the sale and repair of farm: equipment and. :ria; hirery. such as tractors and ct: r_ azar_ and the limited manu!e Lure of such cquittmeta and machinery for use within s j; -h area; (u) Aortic.* yards, flea: ma:key, and similar outdoor sales arcs enclosed by an appr red screen fence; N- One mobile home may be :used as temporary living quarters. on parcels, with areas of twenty (20) acres or more provided such mobile home is occupied by an --idividual who is principally engaged: in ar, aeri> cultural operation on the site and or arab additional lands, Such use permit shall he subiect to review each two (21 years and shall be revolved if found robe in noncompliance with this regulation; and Rx-crript No 244 - February 27. 1981 361 (w) Foster homes, day nurseries, nursery schools, and day care centers. (§ 6.04, Ord. 458, as renumbered to § 7.04, Ord. 488, by g 2, Ord. 488.47, as amended by § 5, Ord. 652,. eff. May 5, 1971, § 1, Ord.. 488.121, and § 6, Ord- 488.122,, eff. October 13 1971, § 3, Ord. 48€ 144, eff. January 26, 1973, § 4, Ord. 488.167, eff. September 4,. 1974, § 2, Ord. 458.170, eff. February 22, 1979, and § 4, Ord. 681;56, eff. January 8,1981) See. 8-2.60. Height regulations (A71). There sltal.l be no height regulations in the A-1 Zone except where required for conditional uses and as set forth. in Section 8-2.2406 of Article 2-4 of this chapter. (§ 6.0-5, Ord. 488, as renumbered to § 7.05, Ord. 488, by § ?, Ord. 488.47, as amended by §', 18.0rd. 652, eff, May 5, 1971} Reprint No. 24 February 27,198I 361-1 ^ A. Ann 51raCLIt" Director of Plat 'u5OurnityO V es Lm- an&N (4 Planning Department 4475 East Kings Canyon Road Fresno, California 93702 L A N D OF NATURAL W C A L T 1-( AND R C A Ll T Y (209) 453.3877 PLANNING COMMISSION 7 COUNTY CENTER DRIVE OROVILL E, CALIFORNIA 9SQ65 December Z, 1982 PIIONR. 5'34•iI(,gl RJECE@V ED R. Ann Siracusa Planning Director III I� QG 1982 Fresno County Planning Dept, rl�Shit� r�.�Jt1N' 4499 East Icings Canyon Road PLANhdNNt� 01pAEiMIW Fresno, Ca. 93702 Dear Ms, Siracusa Butte (`:county is in thc, process of considering amending their zoning code definitions regarding accessory uses to agri- cultural #? those 1'p y ItAccessory g tt meaning cultural zones. Accessor uses are now defined a, m triose sup l service story a anti rocessing areas and '!ac3.lities for any other agricultural .and". This definition has resulted in a broad intorpretation ranging from manu:factur.ng to chemical storage Could you send me copies of your zoning regulations for agr. cultural land, particularly those that effect "accessory uses"? If you have any recommendations or methods you have sucessfully used, X would appreciate your comments. TI.Anking you in advance. 53�:oxol}'r rie�� ✓ A. Kircher Dirattor of Planning BAA 0, 1 r SC_CTION 816 EXCLUSIVE AGRICULTURAL, DISTRICT The "AE" District is intended to be an exclusive district for those uses which are necessary and an integral rar agriculi:ure drill Operation. This district is intended to part of the agriculr,rrral agricultural community froir icroachments of protect general gr rulturai Useso which by their nature would be i,wurious to the. physical and economic well-being the agricultural district. being of The "AE," District shV l be accompanied by an acveag e establishes the minimun size lot that may be created withinigthejDistrict. Acreage designations of 640, 320, 160,...80, 40, Purpose. Parcel size regulation is deemed necessarytocarr out this Diste ,,t, provided for this y .the intent of (Amended by Ord, 490.38 adopted 11-21-67) P TE0 The following uses shall be permitted in the "AE" Districts, except Provided in Subsection L of Section 816.2 for I,�terstate Interchange otherwise Areas.. All uses shall be subject to the Property Development Standards Section 816.5 J +- 9 Impact in (Amended by Ord, 490.95 adopted 11-27-71 Or 490.174 re»ado ted 5�» - p 8 79 ) A. The r�"aintain;ng, breeding, an.� raising of poultry and livestock of all kinds, oxcept as providod in Sections ng o and 816.3, (Amended by Ord. 490.1.17 adopted 10-5.76) The raising of tree, vine, field, forage, and other1 kinds, except mushroom growing, pant life crops of all C. One family dwelii'ngs and accessory buildings and far kinds when located upon farms and occupied or used bbuildings y the�oero arm tenant or other persons err"played thereon car the non-paying nests thereof, - foregoing provided however; that a residence once constructed and usedforOne uses, and no lodger roquired for such use shall acquire nonconforming status and may be rented for residential q e a restriction, purposes without D, Home occupations under the same restrictions and Section 803.2", "Home Occupation." conditions as defined in Dujte co. Nnning Omrrile ore 1.0 19 "AE," District Orgv"U0, t,ar"turr1ra 7S Sdctioh 816 E. The harvesting, curing, processing, packa in sell ing of agricultural g g, packing, shipping, and products produced upon the premises, or where such activity is carried on in conjuction with, or as a part of, a bona fide agricultural operation except as specified in 816.3. (Amend,' by Ord. 490.117 adopted 10-5-76) F. When carried on as a clearly secondary occupation iii conjuction with a bona fide agricultural operation, where no more than ten (10) percent of the total land is used and where no more than three (3) persons other than the owner are enployed in such activities, and which are owned and operated by the owner or occupant c� the premises, any of the following uses: 1. The manufacturing, maintenance, repair, servicing, kinds, storage, sale. or rental of agricultural machinery, implements ad equipment of all Z. The manufacture, storage or sale of farm supplies of all kinds, including but not limited to fertilizers', agricultural minerals and insecticides, 3. The tr;4isportation of agricultural products, supplies or equipment together, with the maintenance, storage, repair• and servicing of the necessary trucks and equipment therefor 4. Horticultural and iandscaoinq services, when operated in conjunction with horticultural nurseries, (Added by Ord. 490.65 adopted 8-4-70) G. The maintenance of temporary and Permanent farm labor camps when carried on as a secondary function in conjunction with a bona fide agricultural operation. The density standards of Section 81.6,5•»C shall not apply, (Amended by Ord, 490.31 adopted 10.11=66) H. T`te t -e, storage, repair- and maintenance of t tactors, scrapers and land levellhg and development equipment when operated in conjunction with, or as part of, a hina fide agricultural operation. (Amended by Ord 490.117 adopted 10w5.76') Y. Apiaries and honey e 855-N. xtraction plants subject to the provisions of Section dr Signs, subject to the Provisions of Section 816.5-K. K. Temporary or permanent telephone booths, L, Stmrage of petroleum products for use by the occupants of the premises but not for re -We or distribution. "AV District 74 Section 8161�L M. Trailer house occupancy consisting of one or more trailers, subject to t Prov ions of Section 856 and 816.1-C. he (Amended by Ord. 490:18 adopted 12-29-64; Ord. 490.81 adopted 10-24-72) Ni Breeding and personal kennels. ( Added by Ord. 490.66 adopted 7-25.67) 0. Historic and monument sites. (Added by Ord. 490.117 adopted 10-5-76) Ps Water -well drilling or pump installation service. ( Added by Ord 490.1.17 adopted 10-5-76; amended by Ord. 490.1.ted 9-19-78)57 adopted Q. Welding and blacksmith shops and farm equipment and machines storage, and maintenance facilities when y Sales rental blacksmith shops, in r onjunction with welding and (Added by Ord. 490,117 adopted 10-5-76) WEThe following uses shall be permitted subject to review and approval for in Section 872; pp oval as Provided A. Churches, parsonages and other religious institutions. B. Commercial stables and riding academies. C. Communi,-ations aquipment buildings and microwave relay structures. D, Electrical transmission substations and electric distribution substations. E. Commercial specialty animal raising, including fish, furbearin anima wird or undomesticated animals, amphibians, insects and birds for is numerical increase, or value increase, products; (Amended by Ord, 490.117 adopted 10-5-76) B. Philanthropic and eleemosynary institutions where a r cult to a substantial degree, g ure is carried on G, Public schools, private or, parochial school; of an elementary level, colleges, and day nursery large, or secondary (Amended by Ord. 490.188 adopted 10-29-79) H. Public buildings and yards, fire stations, "AE" 01 s rl ct I. Sale of food products produced off the premises provided that the sale of such products is incidental and secondary to the sale of agricultural products produced upon the premises. (Added by Ord. 450.2 adopted 7-25-61) J, Veterinarian offices and animalhospitals. (Amended by Ord. 490.195 adopted 2-26-80) K. All uses listed in Section 816 1, except as provided in Subsection B thereof, located within an Interstate Interchange Impact Area identified in Section 816.7. (Added by Ord. 490.95 adopted 11-27-73) Li Home beauty service, (Added by Ord. 490.96 adopted 4-22-74) M. Oolleges subjectitoathesins focrteria�s t major recreational uses, hospitals and n Section 856-x, (Added by Ord. 490.105 adopted 422-75) N. Farm labor contractor services. (Added by Ord. 490.117 adopted 10-5-76) 0. Antique sales. (Added by 'Ord. 490,1.1.7 adopted 10-5-76) P. The maintenance and storage of agricultural equipment designed to be used solely for the harvesting of crops, which equi!ment must be located by the owner thereof upon his own premises when not operated as a secondary occupation in conjunction with, or as part of, a bona fide agricultural operation, (Added by Ord 490,1.17 adopted 10-5-76) Q. Commercial land leveling and development establishments when they are not operated in conjunction with, or as part of, a bona fide agricultural operation, (Added by Ord. 490.117 adopted 10-5-7.6) R. Commercial crop planting, cultivating, and soil preparation service i establishments when they are not operated n conjunction with, or as part of', a bona fide agricultural' operation. (Added by Ord. 490.117 adopted 1.0-5-76) "AV District 76 section 016.7.- S. The maintenance and storage of trucKs and trailers, when such vehicles are devoted exclusively to the transportation of agricultural products, supplies, and qquipment, (Added by Ord. 490.117 adopted 10-5-76) T. Temporary rrobilehome occupancy subject to the provisions of Section 8,5r) A. 1. b. ( Added by Ord. 490.145 adopted 2-14-78; amended by Ord. 490,194 adopted 1-28-80) U. Dog grooming in conjunction with a single family residence limited to a maximum of eight dogs per day. (Added by Ori;. 490.146 adopted 2-28-78) (Deletion, Sec. 816-2-F by Ord. 490.179 adopted 6-26-79) The following uses shall be Permitted subject provided for in Section 873, to a CWIditional Use Permit as A. Commercial establishments for the processing Of agricultural products when the same is not operated in conjunction with, Or as part of, a ona fide agricultural operation. Agricultural cooperatives which receive agricultural products from Parcels owned or operated by members Of the 'cooperative are included within the moaning of this Section. (Amended by Ord, 490,155 adopted 9-5=78; Ord. 490.161 adopted 10-2-18; Ord, 490.179 re -adopted 6-26-79) 8i Commercial grain elevators when not operated as a secondary occupatio,., in conjunction with, Or as part of, a bona fide agricultural operation, Ci Commercia stock feeding yards and feed lots when not operated as a secondary occupation in connection with, or as part of, agricultural operation. a bona fide D Commercial meat Processing plants. Such plants may include all phases of meat, Processing including Slaughtering, meat Packing, canning, Stuffing, Smoking) rendering and hide Curing, (Addedby Ord. 490.103 adopted 2-18-751- amehded by Ord, 490.187 adopted 9-6-77) E. Community auction And sale yards for sale Of farm ani'mals, imPlemOnt5, Supplies, or equipment, products., r. Guest ranches. G. Mushroom growing, IIA511 District 77 Section 81643"G H. Temporary and permanent farm labor camps that are noir carried on as a secondary function in conjunction with a bona fide agricultural operation. (Amended by Ord, 490.31 adoptee; 10-11-66) 1. Permanent roadside stands for the sale of agriculturai products and the sale of wine to be consumed off the premises in conjunction with and secondary to such roadside stands for the sale of agricultural pr,;:ducts, (Amended by Ord. 490.107 adopted 6-6-75) J. The sale of beer to be consumed off the premises in conjunction with and secondary to a permanent road,siae stand for the sale of agricultural products, that the percentage of beer, sales to total roadside stand sales shall be determined as a condition to the Conditional Use Permit. (Added by Ord. 490,142 adopted 124-77) K. Private use airports, heliports and crop 'dusting strips. (Amended by Ord. 490.161 adopted 10-2-78) L. Sewage disposal and treatment plants. M. The coivi ercial slaughtering of poultry or rabbits not raised upon the premises. N. Wineries and ,,"stilleries. O Commercial es b'lishments for the processing, storage, 'sale, and off-site application of agricultural chemicals, including but not limited to fertilizers, insecticides (flammable and inflammable types) and pesticides. (Added by Ord, 490,35 adopted 5.1.6-67) P, Boardinq and training kennels. (Addedby Ord 490.36 adopted 1-25-67) Q. Horticultural and landscaping services in conjunction with horticultural nurseries, when carried on as a primary use of the property. (Added by Ord. 490,65 adopted 8-4-70) R. tiff -road vehicle areas consisting of recreational facilities for the driving, testing and racing of motorcycles, trail' bikes., 4 -wheel drive vehicles, or similar vehicles which are principally designed or commonly used for off-highway recreation purposes. Features of such sites may include hill climb areas race courses, or motor-Cross/auto-cross, Such sites shall not be located on land which is producti�re or' potentially productive agricultural land as defined in Section 816,5-A.3.b. (Added by Ord. 490,107 adopted 9-8°-75; amended by Ord, 490,125 adopted 1.2-7-76) "A-V 'District 78 section 816:3-A S. Swine, sheep, or goat feed lots or yards, T. Commercial dehydration operations. r U. Liquified petroleum gas distribution and storage, retail, (Amended by Ord, 490.179 adopted 6-26-79) V. Feed and farm supply sales. W. Farm equipment and machinery sales, rental, storage, and maintenance, X. Irrigation systems administrative offices. Y. Building materials sales. Z. Racetracks for non-motorized and motorized vehicles including bicycles, motorcycles, automobiles, and similar vehicles when conducted on land which is not productive or potentially productive agricultural land as defined in Sectirn 816.5-A,3.b. Off-road vehicle areas y oxcluded, (Added by Ord. No. 490.125 adopted 12-7..76) AA. Swim schools operated in conjunction with a single family residence with a maximum of fifteen (15) students at one time, (Added by Ord, 490,143 adopted 1-24-78) Ba. Off-site rock, sand, and gravel trucking operations which may include a newly created parcel size 816,5-A.5). of not less than five acres (see Section (Amended by Oru. No, T240 adopted 8-1781.) `7I(�N $USES E; PRESSLY PROHIBiIED The following uses shall be expressly prohibi',:�d in the "AV District. However, nuumerat.iog ofthese prohibited uses shall not by implication enlarge upon the scopepermitted uses specified in bection 816,1, 816.2, and 81.6.5, above, their enumeration herein being for purposes of clarity only, A, All manufacturing, service, and commercial uses not specifically permitted in Sections 816.1, 816.21 816,3 and 860. (Amended by Ord, 490.60 adopted 4-98-70) "AE" tlistrici 75 Section 816,4-A B. Advertising structures, except fs-,estanding signs for produce stands. (Amended by Ord. 490,202 adopted 5.20-80) C. Art, craft, music, or dancing schools or businesses, professional or trade schools or colleges. 0. Columbaeia, crematoriums, and mausoleums. (Amended by Ord, 490.117 adopted 10-5-76) E. Private clubs and lodges except for the purpose of hunting, F. Residential subdivisions. G. Truck yards, terminals or facilities unless devoted exclusively to they transportation of agricultural products, supplies and equipment. H. Sawmills, pulp mills, and similar establishments for the processing of loge, wood, and lumber, SECT ON 816^5 _M .L The following property development s4andards and those in Section 855 shall apply to all land and structures in the "AE" District, A, LOT AREA 1. Each Tot shall have a minimum acreage as indicated by the district acreage designation. However, for the purpose of complying with minimum lot area roquirements, sections of land containing less than 640 acres shall be deemed to be equivalent to 640 acres. Parcels resulting from the division of sections with less than 640 aches into units of 1/2, 1/4, 1/80 1/16, or 1/32 of said section shall also be deemud to be equivalE;;t to the corresponding and respective lot areas required by the acrs�age designations (320, 160, 80, 40, or 20) of the AE District. The acreage shall be measured from the center of any abutting roadway, stream, railroad, or other publicc right-of-way that serve as a boundary line. Amended by Ord. T-248 adopted 9-16=-80) A nonconforming lot of record undc,, separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in this District, An existing parcel of land under one ownership, when ', ,pied by a developed public right-of-way in such a manner that one or L,th portions of the parcel are substandard as to lot area, shall be Cons dered as two separate lots under the provisions of this Section, (Amended by Ord. 450,117 adopted 10-5-76 Ord, 490,132 adopted 6-27,-77) "Ai~" District 80 Section 81.6,5-A 2. , The creation of homesites less than the minimum acreage indicated b„y the District acreage designation, blit not greater than 2,5 gross �ttrcA�; may be permitted in the Exclusive Agricultural Zone District, excluding the AE -5 Zone District, subject to the following criteria: (kended by Ord. 490.172 adopted 4-24-791, a. The minimum lot size shall be 60,000 square feet of gross arta as measured from the center of any abutting roadway, stro,.4111, railroad, or other public right,of-way forming a boundary line, except that a lesser area shall be permitted when the owner submits evidence satisfactory to the Health Officer that the soils meet the California ReSional Water guidelines for liquid waste disposal, but Quality nev Control Board lot be less than one (1) gross acre, and vent shall the b• One of the following conditions exist: (l) The lot is to be created by the conveyance of a security instrument to Finance a single family residence to be occupied by the owner thereof where the existing lot before division is not less than ten 10 lot, together with the remaining) gross eage, shat l h notsabe separately conveyed or devised without meeting the district acreage designation, except for the purpose aforesaid, unless such division occurs by judicial foreclosure, trustee's sale or other legal proceedings which discharge the, lien of the security instrument, (Amended by Ord'. 490, 32 adopted 5-25-77) (2) The lot or lots to b,l created are intended a.b a conveyance or devise exclusively for use by a person related to the owner by adoption, blood, or marriage within the tl11yd degree of consanguinity; the existing lot before division ^antaint� a minimum of (ten) 10 gross acres; there i only one (1) lot per related person, or per related married couple, andthere is no more than one lot per each ten (10) dross acres, or (Amended by Ord. 490.132 adopted —24-77) The present exclusive nt oagricultural owned the property prior to adoption of the 3) zone dio-i4ict and wishes to retain his homesite and toll the rev,! 15 acreage for agricultural purpases where the remaining (15) acres, or age is not less than fifteen (Amended by Ord, 490,132 ado,;t i -?447) (4) A homesite is to be retain,; an existing log= of loss than fifteen (15) acres wit+l TIIC remaining acreage to be "AV District Ol Section 516.5-A added to an abutting lot, which with the addition will have a total lot size of at least fifteen (15) gores and is to be used for agricultural purposes, or (Amended by Ord. 490.132 adopted 5-N -77) (5) The lot to be created is intended as a life estate. (Sec. 816.5-A.2 added by Ord. 490.117 adopted The creation of lot sizes less than the minimum acreage required by the zone district in which it is 1,,-ated, and not permitted by $16.5-A,2 may be permitted in the Exclusive Agricultural Zone Districts, excluding the AE -5 Zone Districts, within the area west of the Friant-Kern Canal, subject to the following criteria: (Amended by Ord_, 490,172 re -adopted 444-79) a. The lot size shall be not less than five (5) dross -es. in size as measured from the center of any abutting roadway, stream, railroad, or other public right -of -Way forming a boundary line. bi One of the followinq conditions exist, (1) The soils do not meet the definition of productive or potentially productive agricultural land as defined below: (a) Productive agricultural land includes soils which are suitable for the production of most climatically adapted irrigated crops, Such land includes the following soils, 1. Class I or II soils, as de,ined by Soil Con- servation Service rating system; 2, Soils with a 5torie Index Rating of 80 through 100; an 3, Other soils which through ..pecial managementpractice such as deep ripping of hardpan, leveling, drainage modification or toxic salt reduction have been nidde to meet the above criteria. (b) Potentially p oductive agricultural lands include soils which within the realm of economic possibility can be altered using certain reclamation or Modification practices to make them more productive for r �ssential food crops such as grain and vegetables, Included are certain Glass ZIT and IV soils and soils with a 5torie Index of 60-80. (2) The proximity of incompatible non-agricultural uses existing at the time agr''cultural zoning was applied, severely. "AEn pistrict 82 Section 816:5-A s restricts normal agricultural practices to the point that it is not economically feasible to continue firming; or (3) The property is divided by a physical barrier such as a railroad, canal, or other similar permanent barrier which prevents the efficient unified agricultural operation of the land under common ownership; or (4) The division of land will create lots exclusively for those agricultural arses set forth in Section 81.6,I -A, B, C, (except dwellings) and E; 'there are no existing rosidences thereon; and there exists a recorded covenant approved by the Country running with the land prohibiting 'the use of the lots for any other purposes, (Amended by Ord. 490.1.32 adopted 5-74-77) C. An agricultural assessment shall be conducted and the determina- tion made that the proposed zoning and development will not have a significant detrimental impact on the corntinued agricultural production ;,y surrounding properties, d', An environmental assessment shall be conducted and the determination mpd e that the proposed zoning and development will not have a significant detrimental impact on the environment, e. The creation and number of lots shall be subject to the Parcel Map Ordinance. 44 The creation of lot sixes less than the forty (40) acne minimum of the AE 4d (Exclusive Agricultural) Zone District may be permitted subject to the following criteria; a, The divisions shall be restricted to parcels fronting on State Route 198, Los Gatos Creek Road, and dacalitos Creek Road: b. The minimum parcel size shall be five (5) acres for the proposed lots and residual lots. C. The owner has submitted evidence satisfactory to the County Health Officer that. (1) The soils meet the Water Quality Board Guidelines for liquid waste disposal (Z) proposedwatelotfsr domes-lic use is available on each of the d. A preliminary soil report shall be reyuirod if the proposed lot is located on and Witt! moderate or high risk. landslide potential, as 'AE" District 83 Section 816,5;A delineated on Plate I, "Five County Seismic Safety Study, Technical Report," April, 1974, or on land clapped by the County, where slopes exceed fifteen (15) percent. The preliminary soil report shall be prepared in accordance lith the Fresno County Ordinance Code, Section 17,32.030, and shall indicate the land is suitable for homesite development before the division is approved.. If the preliminary soil report indicates soil conditions could be unstable, a detailed geologic report by a registered geologist and registered civil engineer, or a registered engineering geologist, shall be required indicating the suitability of any proposed land division. e. An Agricultural Assessment shall be conducted according to the procedures of Section 816.8. f, An Environmental Assessment shall be conducted and determination made that the proposed land division Will not have a significant detrimental impact on the environment, (Sec. 816.5=A.4 added by Ord4 490.172 re -adopted 4-24-79) 5, This creation of Lots less than the minimum parcel size of the zone district may be considered as a part of the Conditional Use Permit for off-site rock, sand, and gravel trucking operations subject to the following criterion. The minimum parcel size shall not oe less than five acres in area for the proposed or the residual lot. (Amended by Ord. 450.1.98 adopted 4-21-80) B, LOT DIMENSIONS 1 No requirements for lots greater than five (5) acres in size. The provisions of the "Au2" District, Section 815,54i shall apply for all lots less than five (5) acres in size except the requirements that lots fronting upon a public road shall not be applicable for lots created for financing purposes or for homesites authorized by Subsection A.2.b.(1), (3), (4), and (5) of this Section which are to be created from an existing landlocked parcel, (Amended by Ord, 450.117 adopted 10-5-76) 2, The ratio of lot depth to 'lot width shall not exceed four (4) to one (1) for lots created by Section 816,5-A,4. (Aftid by Ord, 490.1.72 re -adopted 4-2449) C. POpULArION tlENSITY 1. Not more than one (1) residence may be constructed or placed upon a parcel of land which is less than five (5) acres in size, except that a „AES► Oistrici 84 Section 8163-C temporary mobilehome may be placed upon the " by financially or physicallly dependent family Property for exclusive use owner subject to Section 816.2-U and Section 856- of the property (Wiier Jed by Ord. 490.145 adopted 2-14-78) 2. N'Ot more than two (2) residences may be constructed or parcel of land which contains at least five 5 'bated upon a exceed twenty (20) acres in size. ) acres but oes not 3, Not more than one (1) additional residence may be constructed upon any parcel per each ten (10) acres contained in the ar�ce�laCed excess of twenty (20) acres, p n D. BUILDING HEIGHT No bolding may exceed thirty-five feel* building exceeds two (2) stories, an emergency)exit e(door or window If the t",an two (2) feet wide and having a minimum area of six (f;) uare 1 shall be provided to the uppermost story na rnore than t ndow no less " ffee above t!re finished grade below the u enin wenty-a►gh (28) feet other accessory farm buildings are excepted g+ Non- dwelling structures and (Amended by Ord, 7-243 adopted 7-28-80) E. 1 MDS l General Yard Re u rements a. All required yards shall extend the full width nr depth l shall be open from the ground to the sky, except as Provided for below,, p ee , or b- Swimming Pools (1) Swimming pools shall not be located Yard or side in any required front Yard and its projection t line when abutting a street, o the rear property (2) Swimm ing pools shall not be located within five y q i ed front yard setback or 5) feet of any required side within five (5) feet of yard setback and its projection to the rear prop * y line when abutting a stroet, (3) Swimming pools may be located in any required interior side yard and rear ,Yard provided a space of not less Chart five (5 feet is maintained from the side and rear properly lines.' ) (For switmiing pool enclosure reg4irements see Walls Section 816.5-H) "fiencesy wed es, -and (Amended by Ord. T-245 adopted 4-2741) "AV District 85 Section 816.5-E 2. Front Yard Each lot shall have a front yard of not less than thirt -,fie . extending across the full width of the lot: y v- (35) feet 3. Side Yard a• Each. 101: shall have a side twenty (Z0) feet except for sp cialocondieacti n1s provided forof I not s than b, Corner Lots below. On corner lots, unless otherwise specified in side yard abutting the street shall be not less than Division, the (35) feet in width, thirty-five C. Accessor Buildings 1n Side Yards (1) Any accessory building locatud less than one feet from the front property 1 ine shall have the Barrie mindred nimum side yard as ghat required for the main building, re ardless of whether or not said accessory building is main building, attache to the (2) An accessory building may be located on a sidero er ty line when said building is located erne hundred (100)feetor more from the front property line. g .projection. t located in the side larii (3) Accessory buildin s o the rear property line when abutting aostreet shall be at least twenty (20) feet from the property line on the side street, (4) Any accessory building permitted on a Side property line subject lot roof drainage to remain on the shall have provisions for ill (Amended by Ord, 490.153 adopted 9-5-18) 4, Rear �y The provisions of the side yard, Section 816,5 �.3,a b apply, , , and c, shall 5, Exceptions: Permitted Pro,jectipns Into Pe utired Yar ds The provisions of the uR n shall apply, A ►�lstrict; Section 821,5-5.5,0 s c through .' 9 "AE'' District 86 Section 816.5 F. SPACE BETWEEN BUILDINGS No animal or fowl pen, coop, stable, barn or corral shall be located within forty (40) feet of any dwelling or other building used for human habitation. (Amended by Ord. 490.153 adopted 9-5-78) G. LOT COVERAGE No requirements. H. FENCES, HEDGES AND WALLS The provisions of Section 855-H.2 shall apply. ( Added by Ord. 490,123 adopted 12-7-76) I. OFF-STREET PARKING Nr requirements. J. ACCESS No requirements for lots greater than five (5) acres in size except those lots created by 816.5-A,4. The provisions of the "A-21, District, Section 919.5-J, shall apply for all lots less than created by 816.5-A.4. five (5) acres in size and those (Amended by Ord. 490.172 re -adopted 4-24-79) K. OUTDOOR ADVERTISING 1, One (1) non -flashing sign for each street frontage, total area of s sign to contain riot more than fort ing Y (40) square feet and pertaining only to products for sale upon the. premisesor servicrendered es thereon or therefrom, shall be permitted in this District, 2. Name signs shall be permitted but shall display only the following ng Name signs shall display only the, (1) Name of the premises upon which it is d°,*splayed; (2) Name of the owner, lessee of said premises; (3) Address of said premises; (4) Nature of the occupation engaged in on said premises, 3, "For Rent" and "For Sale" signs shall be permitted, "AE" District 87 Section 816,64 4. Signs for institutional uses including churchc-s, hospitals rest f a o111" Private clubs and similar uses shall be permitted j: provisions of Section 855-x. subect tothp 5• Off=site directional signs for major recreational uses hospit colleges permitted under Section 816.2 stiall be subjectato' () provision's of Section 855-K.th 6. Off --site freestanding signs for subject to the produce stands shall be permitted � following conditions; a. Produce stand directional signs: (l) The number of such signs shall be limited to two per,, use, excepting that stands located on oropert,les adjacent Mu intersections shall be permitted a maximum Of four Stich signs, (2) Each sign shall not �.xceed fort exclusive of architectural P(40) sduasign shall not feet in area exceed twelve (12) feet in height. The area, (3) Each sign shall contain only the name and address of the Produce stand, a directional arrow- approximate distance to the produce stand, and listing of the produce available for sale, not including the prices thereof, (4) internally illuminated or floo�,F�gl�tad signs shall Prohibited, but reflective materials may be used ll b e (5) The signs shall be located within 2,500 feet of the ro stand structure, n duce (6) Each sign shall be located a, minimum of ten 10 the, paved portion of the adjacent read and (10 a) the Public road right-of-way, In no �nstanct. shall signs be loca;;e.J within required rear or interior side yards; (7) Such signs shall be prohititeo in corner cut-off a'rieas, the location of which are described in Section 822.5-E1=2, For Purposes 0 µ the property `in d tobenot less than thi aces o establish corner �:at off areas line shall be consider m the centerline of the adjacent roadway, arty (30) feet (8) Before any sign is erected on an Site Plan shall have been submittedrtol and tapproved� by the Director, pursuant to the provisions 04 Section 874, b, Temporary Produce Stand Approach Signs; (1) The number of such signs shall be limited to two along each Public roadway to which the produce stated has direct access. "AV biscrit.w 88 Section 81645-K (2) Each sign shall not exceed sixteen (16) square feet in areal exclusive of architectural features. The sign shall not exceed ten (10) feet in height. (3) Such signs shall be limited to advertising produce in season and the price thereof. (4) i,iternally illuminated or floodlighted signs shall be prohibited, but reflective materials may be used. (5) The signs shall be located within 1,300 fep.t of the produce stand structure. (6) Each sign shall be located a t inimum of ton (10) feet from the paved portion of the adjacent road and Outside of the public road right-of-way, In no instance shall signs be located within required rear or interior side yards, (7) Such signs shall be prohibited in corner -ut-off areas the location of which are described in Section 822-5-H.2. ' For, purposes of establishing corner cut -i -fl- areas, the property line shall, be considered to be not less than thirty (30) feet from the centerline of the adjacent roadway, (Section 816.5-K.6 added by Ord, 490,202 adopted 5-20-80) LOADING No loading shall be permitted on a public ruadi street or highway. 'SECTION The establishment of any use In the 11AE11 District which require-) Director Review and Approval or a Conditional Use Permit may be established only after- such approval or permit and shall be subject to all restrictions or �)nditiOhS thereof. (Amended by Ord. 490.38 adopted 11-21-76; Ord. 490.174 re -adopted 5-8-79) bt L; I I UN, 816 -.7 1 N TEM ME PACT --- The following areas are determined to bo Interstate Interchange Impact Areas and are described as followst Nees Avenue Highway Interchange Plan Area. All Of those portions Of Section 2r, 25, and 12, Ti 12 S., R, B. & Mij D lying within Fresno County, and Secoons 27, 33 and 34, T. 12 S,, -R, 11 Ev, Mn 6 8, & M, 2; Panoche Road Highway Interchange Plan Area. Sections 1* 2 11, 12, 13, and .,4, T. 15 SP., R, 12 E., M4 11AV District 89 Section 816,7 3. Derrick Avenue Highway Interchange Plan Area., Sections 13, 24, and 25, T. 17 S,, R. 14 . M. D. B. & M,, and Sections 18, 19, and 30, T. 17 S., R. 16 E., M. Do, B. & M. 4 Dorris Avenue Highway Interchange Plan Area. Sections 20, 21 220 27, 28 and 29 T. 19 S., R. 16 E,, klt D. B. & M. 5. Jayne Avenue Highway Interchan{ie Plan Area. Sections 31 and 32, T. 20 S., R. 17 E., M. D. 8, & M., and Sections 4,, 5, and 6, T. 21 S., R. 1% E., M. D. B & M. (Sec. 816.7 added by Ord. 490.95 adopted 11.27-73) SECTYON 8 P AnTM aM The following procedures shall apply to all lot divisions requiring A.4ricultural Assessments A. The assessment shall have been completed and the, necessary findings made prior to the formal acceptance of any tentative parcel map. B. Assessments shall be conducted b�� the Director of Planning based on 1. The follc,wing information wtlich shallbe provided by the applicant: ai A map showing the existing lot and the proposed divisions.._ b. Identification of condition under Section 816,5-A,3 which the applicant is requesting an exception. the lot, g t;Pse and physical characteristics of C, Identification of the existing h 2. Any other information found necessary by the Director of Planning for the adequate assessment of the proposal, (Amended by Ord. T-25'2 adopted 19-9-80) C. Upon receipt of all the above information, the Director of Planning shall review the information to determine if the lot division will have a significant detrimental impact on the continued agricultval production of surrounding properties, To assist them in making th4% 0,termination, the Director of Planning shall subitit the lot division .Ll the Tarin Advisor's Office, Agricultural Comtwissioner's Office, Environmental Health System, and the U. S. Soil Conservation Service and may submit such division to any other departments, agencies, persons, and/or orgahilatioh for their advice and recommohdations (Amended by Ord. T,252 adopted 12-5-80). "A8" District+ 90 Section 816.8 0 ' All -advice and recommendationsshall be returned to the planning Department. within ten (10) working days of the request for such advice and recommend- ation. D. Within ten (10) days of the receipt of the advice and information afore- mentioned, the planning Director shall determine the existence of the appropriate condition under Section 816.5-A.3 and shall make one of the following findings; (Amended by Ord T-252 adoptcd 12-9-80) 1. The proposed lot divisior, will not have 'a sig'+ificant detrimental impact on the continued agricultural production of surrounding properties and a tentative parcel map may be filed, 2. The proposed lot division will have a significant detrimental impact on the continued agricultural production of surrounding properties and a parcel map may not be accepted. Said findings sha,191 be sent to the applicant and k.,lpt on file in the Planning Department: E. NOTICES In the event an application is approved by the Director of Planninq, all property owners within, a radius of six hundred (600) feet of the exterior boundaries of the subject property and contiguous property under the same ownership as the subject property shall be notified in writing of the decision. Such notices shall be mailed to those owners whose names and addresses appear on the latest equalized County assessment roll. (Amended by Ord, T-252 adopted'12-5-80) Fi APPEALS 1, No decision of the Director of Planning shall be effective until' a period of fifteen (i5) days has elapsed following the date of mailing written notice of W- decision, (Amended by Ord, T-252 adopted 12-9-80) 2, During this period any property owners notif'ed horein or their successors, or the applicant may file an appeal tc the Board, This appeal shall be filed in writing and set} forth the reason for such appeal. 3, The Board shall hear such appeal of the Director of Planning's decision within forty (40) days after the date of the filing of such appeal. (Amended by Ord. T-252 adopted 12=9-80) 4, Notice of the appeal hearing shall be given to those property owners identified in Section 816.8»E, 5. The Board shall render a decision within -fort hearing of such appeal, and the Boara's decisionysh(al l) beafinal after an appeal therefrom is file± with a court of competent ,jurisdiction within fifteen (15) days after the Board renders its decision. 6. The Board may by resolution approve with conditions or disapprove p decision of the Planning Director. pp E th (Amended by Ord, i'-252 adopted 12-9-80) 7The applicant shall be notified in writing at the ar'dress application of the Director of Plannin shown oii the decision if such an appeal is made, g's decision ' and of the Board's (Amended by Ord. T-252 adopted 12-9-80) 8. If an application is disapproved by the Director of P14nni r Board if a ng, o. by the appealed, a record of such disapproval shall be made and kept on file by the Planning Department, (Amended by Ord, T-252 adopted 12-9-80) G. !WPLICATION No person; includinq the original applicant, shall re'appl'ya similar for' division on the same land building, or structure within a a � year from the date of th final decision on such previous appiicatoif one decision is a denial without prejudice, (Sec. 816.8 adde„ by Ord, 410.117 ad:. ,o(] 10-5.75) SECTION 817 "AL' - LIMITED AGRICULTURAL DISTRICT The "ALI' District is a limited agricultural district, It is intended to prot^.rt the general welfare of the agricultural community by limiting intensive uses i;n agricultural areae. where ­.:Auses may be incompatible with, o;, injurious to other less intensive agricultural operations. The District is .also intended to reserve and hold certain lands for future urban use by permitting limited agriculture and by regulating those more intensive agricultural uses which, by their nature, may be injurious to non-agricultural uses in the vicinity or inconsistent with the express purpose of reservation for future urban use. The "AL" District shall be accompanied by an acreage designation which establi<.;hes the mini'mvo size lot that may be created within the Di .trict. Acreage des'i'gnEtion of 640, 320, 160, 80, 40 and 20 are provided for this purpose; Parcel size regulation is deemed �wece$sary to carry out the intent of this District. (Section 817 added by Ord, 490.117 adopted 10-5-76; amended by Ord. 490.188 adopted 10-29-79) SE IOM7', i"=" CTS" "1SERMiTTED The following uses shall be permitted in the "AL" Districts, All uses shall be subject to the Property Development Standards in Section 817.5 (Ampntlee by Ord, 490,1.74 readopted 5-8-79 Ord, 490,188 adopted 10-29-19) A, The maintaining, breeding and raising of bovine and equine animals except dairies, feed lots and uses specified in Sections 817,2 and 817,3. (Amended by Ord. 490.174 re-adoptod 5-8-79) 8, The keeping of poultry, rabbits, and other similar :.11 fur -bearing animals for domestic use. C. The raising of tree, vine, field, forage, and other plant life of all kinds, oxcept mushroom growing, (Added by Ordinance 490.17.1" re -adopted 5-8-79) D, Ono family dwellings, accessory buildings, and farm buildings of all kinds, ;when located upon fames and occupiod or used by the owner, farm tenant, or other persons employed thereon or the tion -paying guests thereof; orovitled however, that a residence once constructed and used for one of the for going uses, and no Longer required for such use shall acquire a 1 nonconforming status and may be rented for residential purposes without restriction. E, Home occupations under the same restrictions and conditions, as definod ih Section 803.9, ,"}tomo Occupatiuns." "AL"' District 93 section 817 F, The use, storage, repair, and maintenance op .f tractors, scrapers, and land leveling and development equipment devoted primarily to agricultural uses when operated in conjunction with, or as part of, a bona fide agricultural operation, G. Apiaries and honey extraction plants subject to theProvisions 855-1d. of Section H. Signs, subject to the provisions of Section 817.5-K. I. Temporary or permanent telephone booths, J* Storage of petroleum products for use by the occupants of not for resale or distribution, the pt•,�rn�ses but K. �Hobilehome occupancy consisting of one or more mobilehom provisions Of Section 8$6 and Sectiol 817,.1-D. es, subject to the L. Historic and monument sites. —, •� �.,�� rCtcl9ll IL'U SUuuECT R The following uses shall be permitted subject to review and a for in Section 872. approval as provided A. Churches, Parsonages, and other ,,eligious insti�utio ns. B, Commercial stabler er riding academies. C, Communications qui n"ent buildings, microwave relay structure:. D. Electrical transmission substations and electric distribution substation E. Temporary and Permanent farm labor camps when carried on as a seconda,-y density in conjunction with a bona fid,,., density standards of Section 817.5-C shall not apply, Operation. The pp y. P, philanthropic and eleemosynary institutions where agriculture to a substantial degree, 9 lture is carriQd on a. Public schools, private or parochial schools of an elementar level, colleges, and day nursory larg Y Or secondary (Amended by Ord. 490.188 adokted 10-29-79) N. Public buildings and yar+s, fire stations, I . Sale of food r,"G' U�tS ' such roduct,, d nc off the premised provided that the sale of s iricidenr.al s *condary to the sale of agricultural Products prod ac :d upon the ryes 94Section 817,2'-1 , Veterinarian offices and animal hospitals. (Amended by Ord. 490.195 adopted 2-26-80) K. Home beauty service, L. Off -colleges site subject signs for major recreational uses ' o the criteria set forth in Section 8 , hospitals, and M, Temporary mobilehome Occupancy subject to the provisions 885-A.l.,b. p visions of Section (Added by Ord. 490.Y63 adopted 11-14-78, amended b 128-80) Y Ord. 450.194 adopted N. Temporary stands for the sale of a lt an occupancy per�ni,tr as provided forrinuSerural Produce ,subject to obtaining (Added b; Ord. T-2.55 adopted 7-20-8:1. 0. Breeding and personal kennels. P The curing, process in agricultural g ► packaging, Packing, products praduced upon the pr-cmis sforpWhng r and selling of carried on in conjunction with, or as apart of a hong fide agricultural operation, � ere such ac,ivity is q tculi;ural The fallowing uses shall be permitted subject to Conditional Use Provided for in Section 878, permit as A. the maintenance an d Storage of agricultural equipment designed to be u5eri solely for the harvest"' of crops, which equipment must be located by the owner thereof .upon his own occupation, in conjunction with, Premiseswhenwhen not operated as a Operation, secondary Part of a bona. Fide.. agricultural 8, Guest ranches, O' Mushroom growing, 0, Private airports, heliports, and crop dustingstri ps E Sewage disposal wid treatment plants Boarding and training kennels, 0 Horticultural and landscaping services in conjunction nurseries, when carried on as a primary use of the prriperty, with horticultural H. Liquified petroleum gas distribution and storage, retail, �� �� (Amended by Ord, 490,179 adopt dd 5-26.79 AL District 95 Section 817.3:-11 Z, Wen carried nn as a clearly secondary occupation in conjunction with a bona fide agricultural operation, where no more than ten (10) percent of th total land is used and whe;,Ie no more than three (3) persons other than the s1wner are employed in such activities, and which are owned and operated by the owner or occupant of the premises, any of the following uses: 1. The manufacturing, maintenance, repair, servicing, storage, sale or rental of agricultural machinery, implements and equipment of all kinds. 2, The manufacture, storage, or sale of farm supplies of all kinds including but not limited to fertilizers, agricultural minerals and insecticides. 3. The transportation of agricultural, products, supplies, or equipment, together with the maintenance, storage, repair, and servicing of the necessary trucks and equipment th,:refore, 4. Horticultural and landscaping services, when operated in cnn,yunction with horticultural nurseries. SECTION 817A USES EXE` ESSLY PROHIBITED The following uses shall be expressly prohibited in the "AL" District. However, enumerating of these prohibited uses shall not by implication enlarge upon the scope of permitted uses specified in Sections 817.1, 817.2, and 817.3, above, their enumeration herein being for purposes of clarity only, A. All manufacturing, service, and commercial uses not specifically permitted in Sections 817.1, 817.2, 81.7.3, and 857,3 8. Advertising structures. C. Art, craft, music, or dancing schools or business, professional or trade schools or colleges, 0.olumbaria, crematoriums, and mausoleums. E. Private clubs and lodges except 'for the purposes of hunting, F, Residential subdivisions. G Sawmils,pulp mills, and similar, (,ettablishments for the processing of legs, wood nlumber. h. Truck ye ds, terminals, facilities unless devoted exclusively to the transportation of agricultural products, supplies, and equipment, "AL" pistrict 56 Section 817,4-H i The following property development standards and those in Section 8.95 shall apply to all land and structures in the "AL" District. A. LOT AREA 1. Each lot shall have a minimum acreage as indicated by the District acreage designation. However, for the purpose of complying With minimum lot area requirements, sections of land containing less than 640 acres shall be deemed to be equivalent; to 640 acres. Parrels resulting from the division of sections with less than 640 acres into units of 1/2, 1/4, 1/8, 1/16, or 1/32 of said section shall also be deemed to be eq�,�ivalentt to the corre� pondng and required by the acreage designations (320,160, 80, 40, ande20)tofareas the AL District. The acreage shall be measured from the center of any abutting roadway, stream, railroad, or other public right-of-way that serve as a boundary line. (Amended by Ord, T-248 adopted 9-1:6-�80) A nonconforming lot of rocord under separate Ownership at the -time it became nonconforaing may be used for or occupied by any use permitted in this District. An existing parcel of land under one ownership when divided by a developed public right-of-way, shall by considered as two separate nonconforming lots under the provisions of .his Section. 2, Creation of lots for homesites less than a minimum acreage indicated b the District acreage designation udt no greater than 2+5 gross acres in size may be permitted in the Limited Agricultural Zone District west of the Friant-Kern Canal, subject to thefollowing criteria; a. The minimum lot size shall be 60,000 square feet of gross area as measured from the center of any abutting roadway; stream, railroad, or other public right-of-way forming a boundary line, except that a lesser area shall be permitted when the owner submits evidence satisfactory to the Health Officer that the soils meet the Water (luality Control Board Guidelines for liquid waste disposal, but in no event shallthe lot be less than one (1) gross acre and b. One of the following conditions exist; (1) (2) A lot less than the minimum acreage indicated by the District acreage desiqnation is npce5sary for financing construction Of a residence to be owned and occupied by the owner of abutting property, or The lot or lots to be created ire intended a conveyance as exclusively for use by a Perron related to the Iqner by adootion, blood, or marriage within the third degree of consanguinity, the existing lot before division contains a minimum of ten (10) gross acres, there is only one (1) lot per related person or ner related married couple, and there is no more than one (1) lot per each ten 0) gross acres, or (3) The present owner owned the property on the effective date of this provision and wishes to i-Aain his homesite and sell the remaining acreage for agricultural purposes where the remaining acreage is not less than fifteen (15) acres. (4) The lot, to be created is intended as a life estate.. 3. Creation of lot sizes less than the minitnum acreage required by the zone district in which it is located and not permitted by 817.5 4.2 may be permitted in the Limited Agricultural zone Distrittj subject to the following criteria: a. The lot sizes shall not be less than five (5) gross acres in size as measured from the center of any abutting roadway, str,,-,, r a i I — .,! t 0 ' ^a";:, public right. Ur" -wad fo %flng d boundary line. b. one of the following conditions exists: (1) The soils do not meet the definition of productive or potentially productive agricultural land as defined below: (a) Productive agricultural lart' includes soils which are suitable for the production of most climatically adapted irrigated crops. Such land includes the following soils: (2) "AL" District 1. Class I or II soils as defined by the, Soil Conservation Service rating system; 2. Soils with a Storio Index RM-ing of 80 through 100,o 3. Other soils which through special management . practices such as deep ripping of hardpan, 'eveling, drainage modification or toxic salt reduction, have been made to meet the above criteria. (b) Potentially productive agricultural lands include soils which within the realm of economic possibility can be altered using certain reclamation or modification practices to make them more productive for essential food crops suet as grain and vegetables. Included are certain Class III and 1V soils and soils with a Storie Index of 60-80. The proximity of incompatible non-agricultural USeS existing at the time agricultural zoning was applied severely restricts normal agricultu,,-al practices to the point that it is not economically feasible to continue farming; or 98 Section 817.5-A