Chapter 19.64 — AGRICULTURAL PRESERVATION STANDARDS

It is in the public interest to preserve and protect agricultural land and operations within the vicinity of the City. The purposes of this chapter are to:

A. Preserve and protect, for agricultural and appurtenant uses, those lands adjacent to the City’s Sphere of Influence for agricultural use;

• B. Support and encourage continued agricultural operations in the vicinity of the City; and

C. Inform prospective purchasers, residents, and tenants of property adjoining or near agricultural operations, of the inherent conflicts associated with the chemicals, dust, light, noise, odors, and traffic that may accompany nearby agricultural operations.

• D. Create a buffer between commercial agricultural and urban land uses; and

• E. Discourage the imposition of restrictions or regulations which may be detrimental to agricultural operations.

• (Ord. 2185, Ord. 2440 §41)

A. No existing or future agricultural operation or any of its appurtenances, conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards shall become a nuisance to adjacent land uses when the action was not a nuisance at the time it began. The provisions of this chapter shall not apply whenever a nuisance results from the negligent or improper action of any agricultural operation or its appurtenances.

B. This chapter is not to be construed as modifying existing law relative to nuisances, but is only to be utilized in the interpretation and enforcement of the provisions of these Regulations. (Ord. 2185.)

A. Disclosure by Subdivider. The subdivider of any property located within 1,000 feet of land zoned for agricultural use shall disclose, through a notation on the final map of the subdivision, within conditions, covenants, and restrictions (CC&Rs), if prepared, and through the recordation of a separate acknowledgment statement, the presence of agricultural and appurtenant uses in the proximity through the following or similar statement: "The property within this subdivision is located within 1,000 feet of land utilized or zoned for agricultural operations and occupants of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including but not limited to acaricides, fertilizers, fungicides, herbicides, insecticides, predacides, and rodenticides, and from pursuit of agricultural operations, including but not limited to crop protection, cultivation, harvesting, plowing, processing, pruning, shipping, and spraying, which may generate dust, light, noise, odor, smoke, and traffic. The City has adopted policies to encourage and preserve agricultural lands and operations in the vicinity of the City. Occupants of property within this subdivision should be prepared to accept inconveniences or discomfort as normal and necessary to agricultural operations."

B. Disclosure Prior to Issuance of Building Permits. Where a new structure intended for human occupancy is to be located on property which is located within 1,000 feet of land zoned for agricultural use, each owner of the property shall, prior to issuance of a building permit, be required to sign and record a statement in a form similar to that

specified in Subsection A (Disclosure by Subdivider), above. In lieu of signing the statement required above, each owner may submit evidence that the statement in Subsection A, above, has been made a part of subdivision documents creating the parcel on which the structure is to be located. (Ord. 2185.)

A. Applicability. New development that is adjacent to commercial crop production along the City of Chico Sphere of Influence boundary.

• B. Buffer Design.

1. Agricultural buffers must provide at least 100 feet of physical separation between the agricultural use and any habitable structure. This separation may include roadways, pedestrian/bicycle routes, and/or creeks or other waterways.

2. Vegetation used for agricultural buffers shall provide a visual, noise, or air quality buffer between uses.

C. Allowed Uses in Buffer Area. Landscaping, trails, gardens, solar arrays, accessory structures including garages and sheds, and open space uses are permitted within the agricultural buffer.

(Ord. 2440 §42)