HomeMy WebLinkAbout2238~rciinance l~io. 2238
Ai~1 URDINANCB tiUuING S~:CTIUNS 26-8, 34-1,
34-2, 34-3 and 32-12 TO TIti.B iii,1TTE CGUNTY
COiJ~ t~BLATIVB TU AGRICiJLTt]itAL NiJISAi~C~S
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The Board of Supervisors of the County of i3utte, State
of California, UO URDAIiV as follows:
Section 1. That Section 32-12 be added to the Butte
County Code to read as follows:
§32-12. (A) It is the declared policy of this
county to conserve and protect and encourage extensive as well
as intensive agricultural production. Where non-agricultural
land uses extend into agricultural areas or exist side by side,
agricultural operations often became the subject of nuisance
complaints. As a result, agricultural operations are sometimes
forced to cease operations, and many others are discouraged from
making investments in farm improvements. It. is the purpose anti
intent of this section to reduce the loss to the county of its
agricultural resources by limiting the circumstances under which
agricultural operations may deem to be in violation of the iiutte
County Code or any cour3ty resolution or regulatipn. 'This section
is hat t.o be construed as to any way modifying or abridging the
state law set out in t.t~e California Civil Cade relative to
nuisances, but rather is only to be utilized in the interpre-
tation and enforcement of the provisions of this code and
county regulations and .practices• ...., ,-
(B) No pre-existing or future agricultural
operation or any of its appurtenances, conducted or maintained
for commercial purposes, shall be or become a nuisance, private
or public, by any change in conditions in or about the locality
thereof after the same has been in operation far more than one
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year, when such action was not a nuisance at the time the
operation began; provided that the provisions of this subsection
small not apply wr~enever a nuisance results from the negligent
of improper operation of any such agricultural operation or its
appurtenances. f'or the purposes of this section, agricultural
operation shall include, but not be limited to, the cultivation
and tillage of the sail, dairying, the production, cultivation,
growing and .harvesting of any agricultural coz~modity including
timber, apiculture, or horticulture, the raising of livestock,
fish, or poultry, and any practices perfort~ed by a farmer or
on a farm as incident to or in conjunction with such farming
operations, including preparation for market, delivery to
storage or to market, or to carriers for transportation to
market.
Section 2. That ChaptEr 34-1 be added to the fiutte
County Code to read as follows:
s3~-l. Purposes. The board of supervisors of
Butte County finds that it is in the public interest to
preserve and protect agricultural land and operations within
the County of Butte and to specifically protect these lands
`. for exclusive agricultural u e. The -board of: aupervisor.s:.
of Butte County also finds that residential development
adjacent to agricultural production often leads to restric-
flans an farm operations, to the detriment of the adjacent
agricultural uses, and the economic viability of the county's
agricultural industry as a whole. The purposes of this
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chapter, therefore, are to promote the general health, safety
and welfare of the county, to preserve and protect for exclusive
agriculture use those lands, as defined in Section 34-4, zoned
for agricultural use, to support and encourage continued agri-
cultural operations in the county, and to forewarn prospective
purchasers and residents of property adjacent to agricultural
operations of the inherent potential problems associated with
such purchase or residence including, but not limited to, the
sounds, odors, dust, and chemicals that may accompany agricultural
operations.
Section 3. Section 34-L of the Butte County Code shall
Cbe added to read as follows:
§34-2. A person who is acting as an agent for a
seller of real prapety which is located within or adjacent to
agricultural land as designated on the zoning map of the
county, or the seller if he or she is acting without an agent,
shall disclose to the prospective purchaser that:
"The property is located within or a'dja'cent.
to agricultural land as designated on the
county's zoning map and residents of the
property may be subject to inconvenience
or discomfort arising from the use of
agricultural chemicals, including, but not
1:imi,ted to her.b.ici-des, pe.st_ici,des,..and,
_ :ferti7.izers; :and. from the pursuit of agri-..
cultural operations including, but not
limited to cultivation, plowing, sprayizag,
pruning and harvesting which occasionally
generate dust, snake, noise and ad or. ;~utte
County has established various agricultural
zones, and residents af.adjacent property
should be prepared to accept such incon-
venience or discomfort from normal, necessary
farm operations."
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Section 4. Section 34--3 of the butte County~Code shall
be added to read as follows:
934-3. The following statement shall be included in
any receipt or contract of sale for the purchase of real
property adjacent to or included within any agricultural zone,
as defined i.n Section 34-4, as designated on a zoning map of
the county, and shall be included in any deed or contract or
sale conveying the property:
"The property described herein is
adjacent to or within land utilized
for agricultural purposes and residents
of this property may be subject to
inconvenience or discomfort arising
from the use of agricultural chemicals,
including, but not limited to herbicides,
pesticides and fertilizers; and franc the
pursuit of agricultural operations includ-
ing, but not limited to cultivation,
plowing, spraying, pruning and harvesting
which occasionally generate dust, smoke,
noise and odor: Butte County has established
agricultural zoning which sets as a priority
the use of these agricultural lands included
therein, and residents of adjacent property
or within the zoned areas should be prepared
to accept such inconvenience or discomfort
from normal, necessary farm operations."
Failure to include the above warning in any
deed or contract of sale conveying property shall not invalidate
'the :`de'e`d.. or contract. of sale ,
_ _.. .
Section 5. Section 34--4 of the Butte County Code shall
be added to read as follows:
§34-4. Real property included within an agricultural.
zone for the purposes of tk~is ordinance stall be described as
I follows:
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"All that real property situate within the
County of Butte within:
Townships 23, 22, 21, 20, 19 North, lying
east of the Sacramento River and west of the
easterly boundary of Mange 1 Jest;
All property within Townships 23, 2L, 21,
20, 19, 18, 17 North, Range 1 East, excepting
therefrom all real property which lies within
the City 1i~iit boundaries of the incorporated
City of Chico.;
All real property within Townships 25, 24,
23-112, 23, 21, 21, 'LU, 19, 18, 17 North,
Range 2 East, and excepting therefrom all real
property whick~ lies within the City limit
boundaries of the incorporated City of Chico,
Gridley and Biggs;
All real property within Townshigslb, 25,
24, 23, 22, 21, 2a, 19, lt3 1~ortYi, Ranges 3
and 3-1/2 East, excepting therefrom all real
property which Ties within the incorporated
city limits of the City of t~iggs, Gridley
and Oroville, anc- further excepting all real
property which lies within the incorporated
town limits of the Town of taradise;
All real property within Townships 26, 25,
24, L3, 22, 21, l0, 1~3, l~S, 17 North, I:.ange
4 East, excepting therefrom all real property
which lies within the incorporated town limits
of .the Town of Paradise, and further excepting
all real property which lies cri-thin the incor-
porated city limits of the City of Oroville;
All real property within Townships 27, 26,
25, 24, 23, 22, 21, 20, 19, 1$, 17 North,
Range 5 East;
Ali. real property within Townships 23, 22,
21, 2d, 19, 18 North, Range 6 East;
All real property within Townships 22, Zl,
20, 19 North,, Range 7 East; and
All real property within Township 2U North,
Range S East .,'
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22 Section 6. Section 26-8 of the Butte County Code is
23 hereby amended to read as follows:
24 §2b-8.1 Where the building is to be located
2S e.ither adjacent to or within a zone established for the pro-
28 auction of food, fiber, livestock, timber or other agricultural
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operations prior to the issuance of a building permit the
applicant shall be required to either (A) record a statement
of acknowledgement by the owners of the property on a form
approved by the Department of Public marks containing the
following statement:
"The property described herein is adjacent
to 1-and ar included within an area zoned for
agricultural purposes, and residents of this
property may 'be subject to inconveniences or
discomfort arising from the use .of agrieul-
tural chemicals, including, but not limited
to herbicides, pesticides and fertilizers;
and from the pursuit of agricultural opera-
tions including, but not limited to cultivation.,
plowing, spraying, pruning and harvesting which
occasionally generate dust, smoke, noise and odor.
~iutte County has established agricultural zones
which have as a priority use for productive
agricultural purposes, and residents within said
zones and on adjacent property should be prepared
to accept such inconvenience or c~iscamfort from
normal, necessary farm operations."
{B) ~vide~ce that the statement set Earth in (A) above has
been made part of the deed covering the conveyance of the
property on which the building is to be constructed.
Section 6. This ordinance shall ~be and it is hereby
declared to be in full force and effect from and after (3U) days
after the date of its passage, and before the expiration of
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fifteen (°l5) days-.after its--pass~age,:~ .this .Urd~nanc.e. sna b,.e ,:. .:
,published once with the names of the members of the Hoard o~
Supervisors voting for and against it in the Chico ~;nterprise
i2ecord, a newspaper published in the County of T3utte, State of
~~ California.
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PASSES ANI7 AllOPTED by the Board of Supervisors of the
County of Butte, State of California, this 21st day of
July , 1981, by the fallowing vote:
AYES : Supexvisors Dolan, Saraceni, Wlnee~.er and Chairman Moseley
NOES: None
A$SENT: Supervisor ~,emke
NOT VOTING: None
~3 THA ~OS~:LE , Gh rman of t
Butte County Board of Supervisors
I~TTEST:
CLARK A. NELSOi County Clerk and
ex-offici~Cl~.er of the Board
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