Sec. 1111. Temporary Recreational Vehicle Use for Agricultural Employees and Migrant — Kings County Zoning Code

Workers: An area or tract of land which is zoned for agricultural purposes where two or more lots are rented, leased or held out for rent or lease may be used to accommodate12 or fewer recreational vehicles as temporary housing for agricultural employees and migrant farm workers.

A. The area or tract of land for 12 or fewer recreational vehicles for agricultural employees and migrant farm workers shall not be considered a temporary recreational vehicle park for the purposes of permitting requirements as noted in Section 1110 above.
B. The area or tract of land for 12 or fewer recreational vehicles for agricultural employees is not intended to provide permanent housing for such employees and the recreational vehicles may not be placed permanently on site. No permanent connection to utilities is allowed.
C. The dumping of any waste tank, gray water tank, or direct discharge of any waste directly to the land is strictly prohibited. All discharge of wastes shall only be performed at an authorized dump station.
D. The property owner of the agricultural farming operation shall obtain a Temporary Use Permit (TUP) from the Community Development Agency for the parking of recreational vehicles for agricultural employees.
E. All temporary recreational vehicles shall comply with state and county laws and regulations as applicable pertaining to their construction, maintenance and use.

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Sec. 1112. Alternative Energy Systems: As permitted in the applicable zoning district, solar and wind energy systems are encouraged as alternate energy systems in the county subject to the following standards:

A. Non-commercial Solar Electric Generation Systems:

Non-commercial, personal use solar electrical generation equipment shall have a design capacity to serve the electrical needs of only that site or use.
Personal use solar electrical generation equipment may be roof mounted or ground mounted subject to the setback, coverage, and height standards of the zoning district in which the parcel is located.
In Agricultural zoning districts, solar-panels providing electricity for private use may be located within any portion of the site.
In Residential zoning districts, roof-mounted and wall-mounted collectors should be placed in the location least visible from public streets and, where feasible, be integrated into the design of the structure as an architectural element. Roof-mounted panels may be located on the front roof for homes facing predominantly south, and on the south-facing roof side for homes on corner lots facing east or west.
In Commercial and Industrial zoning districts, roof-mounted and wall-mounted collectors shall be placed in the location least visible from public streets and, where feasible, be integrated into the design of the structure as an architectural element.
Freestanding solar panels located on the ground or attached to a framework or pole located on the ground shall be classified as equipment, not as a structure.
1. Protection of Solar Access: The Solar Shade Act (AB 2321, 1978) provides limited protection to solar energy system owners from shading caused by trees and shrubs on adjacent properties. In a residential zoning district, a structure, fence, or wall shall not be constructed or modified, and vegetation and trees may not be placed or allowed to grow, so as to cast a shadow over more than ten percent of a solar collector on a neighboring property at any one time during the hours of 10:00 a.m. and 2:00 p.m. Solar energy systems applicable to this Section are those located within a rear yard or that are roof mounted.

B. Commercial Solar Electric Generating Systems:
1. In Commercial, Mixed-Use, and Industrial Zoning Districts :
  - a. Photovoltaic panel systems shall meet all applicable performance standards regarding safety and reliability established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and the Public Utilities Commission.
  - b. Commercial solar electrical generation equipment may be roof mounted or ground mounted subject to the setback, coverage, and height standards of the zoning district in which the parcel is located.
  - c. Protection of Solar Access: In a commercial or industrial zoning district, a solid fence or wall that is not required for security or public safety purposes should not be constructed or modified, and vegetation and trees should not be placed or allowed to grow, so as to obstruct the absorption area of an existing solar energy system on a neighboring parcel.
2. In Agricultural Zoning Districts : Solar photovoltaic electrical facilities for commercial sales and distribution of electrical power shall conform to the following standards:
  - a. In the AG-20 and AX zone districts, the proposed site shall be located in an area designated as either “Very Low Priority,” “Low Priority,” or “Low-Medium Priority” land according to Figure RC-13 Priority Agricultural Land ( 2035 Kings County General Plan , Resource Conservation Element, Page RC-20). “Medium Priority” land may be considered when comparable agricultural operations are integrated, the standard mitigation requirement is applied, or combination thereof. In the AG-40 zone district, the proposed site shall be located in an area designated as either “Very Low Priority,” “Low Priority,” “Low-Medium Priority,” “Medium Priority,” or

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“Medium-High Priority” land according to Figure RC-13 Priority Agricultural Land ( 2035 Kings County General Plan, Resource Conservation Element, Page RC-20).

b. The proposed site shall be located within 1 mile of an existing 60 KV or higher utility electrical line. Small community commercial solar projects (less than or equal to 3 MW) may be located more than 1 mile from a 60 kV or higher transmission line subject to the following findings:
1. The project site is located on low or very low priority farmland.
- 1. The project site is not restricted by a Williamson Act or Farmland Security Zone contract.
- 1. The project will connect to existing utility infrastructure without building new power lines.
- 1. The project will not result in any additional easements on agricultural land, other than access easements or easements within the public Right-of-Way .
c. Agricultural mitigation shall be proposed for every acre of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance converted for a commercial solar facility. The agricultural mitigation shall preserve at a ratio of 1:1 an equal amount of agricultural acreage of equal or greater quality in a manner acceptable to the County for the life of the project. Agricultural mitigation on land designated “Medium-High” or higher priority land shall preserve an equivalent amount of agricultural acreage at a ratio of 2:1.
d. The project shall include a reclamation plan and financial assurance acceptable to the County that ensures the return of the land to a farmable state after completion of the project life, and retains surface water rights.
e. The project shall include a pest management plan and weed abatement plan to protect adjacent farmland from nuisances and disruption.
f. The project shall space internal access driveways per Kings County Fire Department standards.
g. The project shall include a solid waste management plan for site maintenance and disposal of trash and debris.
h. The project site shall not be located on Williamson Act or Farmland Security Zone contracted land, unless it meets the principles of compatibility under Government Code Section 51238.1.(a). Otherwise, the contract shall be proposed for cancellation.

(Ord. No. 668-1-16, §14, 1/12/16) (Ord. No. 668-1-17, §53, 3/28/17)

C. Non-commercial Small Wind Energy Systems:
1. Small wind energy systems shall be designed and appropriately sized to serve the needs of the use on the site and reduce onsite consumption of utility power. On parcels one acre or more in size systems shall have a rated capacity of not more than 50 kilowatts per customer site.
2. Wind energy systems are subject to the requirements of Sections 65893-65899 of the Government Code and Section25744 of the Public Resources Code.
3. Maximum tower and system height shall not exceed the maximum height established in the zoning district in which they are permitted. Any system application shall include evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system. In no case shall the system height exceed any limits established by applicable Federal Aviation Administration requirements.
D. Commercial Wind Electrical Generating Facilities:
1. The project site shall not be located on Williamson Act or Farmland Security Zone contracted land, unless it meets the principles of compatibility under Government Code Section 51238.1.(a). Otherwise the contract is proposed for cancellation.

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Wind energy systems are subject to the requirements of Sections 65893-65899 of the Government Code and Section 25744 of the Public Resources Code.
Wind energy systems that commercially produce power for sale comply with all local, regional, state, and federal regulations.
Maximum tower and system height shall not exceed the maximum height established in the zoning district in which they are permitted. Any system application shall include evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system. In no case shall the system height exceed any limits established by applicable Federal Aviation Administration requirements.

Sec. 1113. Surface Mining and Reclamation: Unless specifically exempted by the Surface Mining and Reclamation Act (SMARA), state regulations, or county ordinance any person who proposes to engage in surface mining operations shall, before the commencement of the operation, obtain county approval of a Conditional Use Permit, Reclamation Plan, and financial assurances for reclamation in compliance with Chapter 17 of the Kings County Code of Ordinances . An exemption from these approval requirements shall not automatically exempt a project or activity from the application of other County regulations, ordinances, or policies (e.g., the application of CEQA; the requirements of Conditional Use Permits or other permits; the payment of development impact fees; the imposition of other dedications and exactions as may be allowed under the law. Also see Section 116 of this Development Code.

(Ord. No. 668-1-17, §54, 3/28/17)

Sec. 1114. Hazardous Waste Management Facility: Hazardous Waste Management Facilities if permitted in a zoning district shall obtain a conditional use permit and shall comply with the following standards before the commencement of the operation:

A. All requirements of Article 8.7, "Procedures for the Approval of New Facilities" (commencing with Section 25199) of Chapter 6.5 of Division 20 of the Health and Safety Code as the requirements pertain to local land use decisions are carried out.
B. The proposed facility shall be consistent with the "Siting Criteria for Hazardous Waste Management Facilities" in the " Kings County Hazardous Waste Management Plan ", as approved by the California Department of Health Services and adopted by the Kings County Board of Supervisors as parts of the Safety and Land Use Elements of the 2035 Kings County General Plan .

Sec. 1115. Commercial Recycling Facilities: This Section provides locational and operational standards for the establishment of various types and sizes of commercial recycling facilities not including processing facilities. Recycling facilities shall comply with the following standards:

A. Reverse Vending Machines . Reverse vending machines are self-contained devices that accept used beverage containers or other material and return money to the user. Reverse vending machines shall comply with the following standards:

Accessory Use Only. The machines shall be installed only as an accessory use in compliance with the applicable provisions of this Development Code, and shall not require additional parking.
1. Location Requirements. If located outside of a structure, the machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof materials.
2. Maximum Size. When located outdoors, the area occupied by the machines shall not exceed 50 square feet, including any protective enclosure, nor eight feet in height.
3. Signs. Signs shall not exceed a maximum area of four square feet for each machine, including operating instructions.
4. Hours of Operation. The machines shall have operating hours which are consistent with the operating hours of the primary use.
5. Lighting. The machines shall be illuminated when needed to ensure comfortable and safe operation.

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B. Small Recycling Facilities. Small collection facilities for recyclable materials and California Redemption Value (CRV) containers shall comply with the following standards.
1. Location Requirements. Small collection facilities shall:
  - a. Not be located within 50 feet of any parcel zoned or occupied for residential use; and
  - b. Be set back at least 10 feet from any public right-of-way, and not obstruct vehicular or pedestrian circulation.
2. Maximum Size. A small collection facility shall not occupy more than 350 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.
3. Appearance of Facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.
4. Operating Standards. Small collection facilities shall:
  - a. Not use power-driven processing equipment, except for reverse vending machines;
  - b. Accept only glass, metal or plastic containers, CRV recyclables, paper, and reusable items; and
  - c. Use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.
5. Daily cleaning and maintenance. The site shall be swept and maintained in a dust-free, litter-free condition on a daily basis.
6. Signs. Signs may be provided as follows:
  - a. Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;
  - b. Signs shall be both compatible and harmonious with the character of their location; and
c. Directional signs, consistent with Article 14 and without advertising message, may be approved by the Zoning Administrator if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

7. Parking Requirements.

a. No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed.
b. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; and
c. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.
C. Large Recycling Facilities. A large recycling facility is a collection facility for recyclable materials including the storage, sorting, collecting or baling of ferrous and non-ferrous metals, junk, paper, rags or scrap for further transfer to another facility for re-reprocessing or to a solid waste facility. Large recycling facilities may also be used for recycling of CRV

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containers for further transfer to another facility for re-reprocessing. Large recycling facilities shall comply with the following standards.

1 . Location and Size Requirements. The facility shall either be a minimum of one acre in size, or on a separate parcel not accessory to a primary use. The facility shall also not abut a parcel zoned for residential use.

2. Container Location. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 150 feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and

Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or opaque fence at least six feet in height or located within an enclosed structure.
Setbacks, Landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.
Outdoor Storage. Exterior storage of material shall be in sturdy containers that are covered, secured, and maintained in good condition, or may be baled or placed on pallets. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage shall be in containers approved by the County Fire Department. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing, screening, or landscaping.

6. Operating Standards.

a. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;
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- b. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels. 
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1. Parking Requirements.
  - a. Space shall be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the Planning Commission determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety.
  - b. One parking space shall be provided for each commercial vehicle operated by the recycling facility. Parking requirements for customers shall be as provided for in the land use zoning district in which the facility is located, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.
2. Power-driven processing. Power-driven processing (e.g., aluminum foil and can compacting, baling, plastic shredding, light processing activities necessary for efficient temporary storage and shipment of material, etc.) may be approved at the discretion of the Planning Commission if noise consideration and other conditions are met.
Sec. 1116. Individual Agricultural Specialty Stores: In lieu of a Roadside Field Retail Stand in the agricultural zoning districts, and as an alternate means of promoting and selling their produce, producers may offer their own produce for sale, and may also sell value added products and merchandise which may include, but are not limited to fruit and nut baskets, specialty gifts and snacks that augment or compliment the produce.
A. All items for sale must include produce which is grown by the producer as part of the value added item with the exception of bottled water, soft drinks, bottled or canned juices, and non-potentially hazardous, non-perishable, prepackaged food products which may be sold separately.
B. Beer and wine may be included as value added items provided the appropriate ABC (Alcoholic Beverage Control) license is obtained.

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C. The Individual Agricultural Specialty store may be located in a permanent structure and may employ individuals who do not reside on the property.
D. Off-street parking shall be provided as required by Article 13 of this Development Code.
E. Other permits required by other agencies including a food vending permit shall be obtained from the appropriate agency.

Sec. 1117. Large Family Day Care Homes: Large family day care homes may be established in certain zoning districts through the Site Plan Review process as allowed in this Development Code to care for nine to 14 children in compliance with the following standards:

A. Residency. The operator of a large Family Day Care Home shall be a full-time resident of the dwelling in which the facility is located.
B. The operator shall obtain written consent of the property owner when the Large Family Day Care Home is operated on property that is leased or rented.
C. For facilities providing child care for more than 12 children and up to 14 children, the following requirements apply:
1. At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.
2. No more than three infants are cared for during any time when more than 12 children are being cared for.
3. The operator notifies a parent that the facility is caring for two additional school age children and that there may be up to 13 or 14 children in the home at one time.
D. For safety reasons, any vehicle entrance gates to the site shall be setback at least twenty (20) feet from the property line to allow vehicles to pull completely off the road while the gate is being locked or unlocked.
E. Parking : Parking shall be as required in Section 1302, Table 13-1 of the Development Code.
F. Hours of Operation: Large Family Day Care Homes shall operate only between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday. No outdoor play is allowed prior to 9:00 a.m.
G. Play Area: The play area shall not be located in any required front or side yard.
H. The operator shall be required to obtain any other licenses or permits required by any other federal, state, county, or city agency necessary to operate the facility prior to allowing children on the site.

Note: Not less than 10 days prior to the date on which the decision will be made on the SPR application for the Large Family Day Care Home, the Zoning Administrator shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100 foot radius of the exterior boundaries of the proposed large family day care home.

(Ord. No. 668-1-17, §55, 3/28/17)