Ione Municipal Code Ch. 18.12 Agricultural Lands and Operations

The city is an urban community located in a rural county. There are five municipalities and several urban areas within the county of Amador. Otherwise, Amador County may be characterized as being predominantly rural in nature with lumbering, mining and agricultural industries in evidence. The city is a logical area for urban growth in a rural environment. Urban land uses and rural/industrial activities can and must co-exist.

The county of Amador has a declared policy (Chapter 19.80 of the Amador County Code) to conserve and protect agricultural land and to encourage agricultural operations within the county. Where nonagricultural land uses, especially residential development, extend into agricultural areas or exist side by side with agricultural operations, agricultural operations have often become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to cease or curtail operations and people are discouraged from making investments in farm improvements to the detriment of agricultural operations and the economic viability of Amador County's agricultural industry as a whole.

As a municipal entity one of the missions of the city is to provide services to urban residents and commercial enterprises. The promotion of agricultural operations within the city limits as a higher priority than urban activities is not appropriate. As urban development occurs in Amador County it is most appropriate that it take place within city limits and maintain the rural character of the unincorporated area to the extent possible.

As with Amador County, it is the policy of the city to promote a good neighbor policy between agriculture and nonagriculturalist residents by advising purchasers and residents of property near agricultural operations of the inherent potential problems associated with such purchase or residence, including but not limited to the sounds, odors, dust, chemicals, and traffic that may accompany agricultural operations so that such purchasers and residents will understand the inconveniences that accompany living side by side with present or future agricultural operations and be prepared to accept such problems as the natural results of living in or near agricultural lands.

(Ord. 319 §1(part), 1992).

Unless the context otherwise requires, the following definitions govern the construction of this chapter.

Agricultural Lands. Title 17 of the Ione Municipal Code sets forth zoning classifications, including an "Agricultural Zone." No land within the city limits is actually zoned agricultural at the time of this writing, thus emphasizing the fact that the city is an urban center.

However, land within the city's sphere of influence as established by the Amador County Local Agency Formation Commission may be zoned for agricultural or rural/industrial uses. Chapter 19.80 of the Amador County Code defines agricultural land in the unincorporated area. Thus, land may be improved with urban uses within the city limits which is adjacent to or near agricultural land in the unincorporated areas.

"Agricultural operation" means and includes, but is not limited to, cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers necessary for production; protection against frost; protection against bird and animal damage; irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, viticulture, apiculture, the raising of livestock, fish, poultry, and commercial practices, structures, and appurtenant facilities incident to or used in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transportation to market.

(Ord. 319 §1(part), 1992).

No preexisting or future commercial agricultural operation conducted or maintained for and in a manner consistent with proper and accepted customs and standards on agricultural land shall become or be a nuisance, private or public, due to any change in land uses in or about the locality thereof. The provisions of this section shall not apply whenever a nuisance results from negligent or illegal agricultural operation or if the agricultural operation obstructs the free passage or use in the customary manner of any navigable lake, river, stream, canal or basin or any public park, square, street, or highway.

The chapter is not to be construed as modifying or abridging state law relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of this code.

(Ord. 319 §1(part), 1992).

Transferrers of real property located in the incorporated area of the city shall give notice of this chapter to prospective transferees of said real property prior to the transfer as part of all disclosures required by law as authorized by Civil Code 1102.6a(a) in the form set forth in Civil Code 1102.6a(b). In addition, notice of said chapter shall be recorded with any deed, land sale contract, and lease of any said property. Said notice shall be in the form set forth in this section.

Notice to Purchaser of Real Property

Amador County is an agriculture county with many areas zoned for agricultural operations. The presence of farms and ranches yields significant aesthetic and economic benefits to the residents of the County. Thus, agriculture must be protected, including in areas where it is near residential development. To do this, the City of Ione has enacted Chapter 18.12 of its Municipal Code which provides that properly conducted agricultural operations will not be deemed a nuisance.

The Chapter further requires the city to give notice of the ordinance and its provisions to transferees of real property located within the city limits of the City of Ione. Chapter 19.80 of the Amador County Code requires a similar notice to real property located in the unincorporated area of Amador County.

Accordingly, you are hereby notified that if the property in which you are acquiring an interest is located close to agricultural lands or operations you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers necessary for production; protection against frost; protection against bird and animal damage; irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry; and commercial practices, structures, and appurtenant facilities incident to or used in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate dust, odors, smoke, noise, and traffic.

If you live near or otherwise occupy property near agricultural lands, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a County with a strong rural character and a healthy agricultural sector.

For information concerning where agricultural lands and operations are located in relation to your property, you may contact Ione City Planning Department or the Amador County Planning Department. For questions concerning the specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Amador County Agricultural Commissioner.

This notice is given for informational purposes only and nothing in the Chapter or this notice should be deemed to prevent you from complaining to any appropriate agency or court or from the taking of any other available remedy concerning any illegal agricultural practice.

(Ord. 319 § 1(part), 1992).

Within its jurisdiction the city may install or permit the installation of signs at the entry or within established farming areas zoned as "agricultural land" to notify and explain to persons acquiring interest in real property that some of the land in this area is being or may be used for agricultural operations and that the agriculturalists' interests are protected by law. The prospective acquirer of such interest is advised to check local agencies as to any regulation or requirements which may affect the property to be acquired and of inherent potential problems associated with such property or a residence in areas zoned as an "agricultural land" and of the possible effects from such agricultural operations.

(Ord. 319 § 1(part), 1992).

Any dispute or controversy regarding inconveniences or discomforts from agricultural operations and the interpretation and application of this chapter shall be resolved through the following procedure. Inquiries should be submitted in writing to the city manager. If the issue cannot be settled by the city manager and/or city attorney, it shall be submitted to the planning commission. The planning commission shall have the power to hear and decide appeals based on the enforcement of this title, or the interpretation of the provisions thereof. Applications with the required fee for appeal or interpretation shall be made in writing to the planning commission. The planning commission shall consider the application and render its decision within sixty days after the receipt thereof. Appeals of any planning commission decision may be made in writing within fifteen days for consideration by the city council. The city council shall render its decision within thirty days after receipt of the appeal and a copy of the planning commission's decision. This procedure is not intended to replace any relief available through law or equity.

(Res. 1582 § 2(part), 2007; Ord. 319 § 1(part), 1992).

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

(Ord. 319 § 1 (part), 1992).