§ 19.19

The purpose of this chapter is to reduce costs and time associated with reviewing, processing and inspecting building permits for qualified nonoccupiable agricultural utility structures, while ensuring reasonable conformance with essential health and safety requirements to minimize risk and contribute to safe and sustainable communities and environmental preservation.

(Ord. No. 3658, § II(exh. A), 2016)

(1)

"Qualified nonoccupied agricultural utility structures" include Group U buildings, as defined under the current edition of the California Building Code (Title 24, Part 2), Appendix C, California Code of Regulations that are not intended for human occupancy, as well as other nonoccupied incidental structures, including fences, towers and tanks, necessary to the performance of an approved agricultural use.

(2)

"Approved agricultural use" shall be limited to properties that are zoned for agricultural use, including the A3 to A60, ARP, and APZ zoning districts as established in Title 22 of the Marin County Code and on which property such commercial agricultural use presently exists or substantial evidence of future commercial agricultural use is demonstrated by the property owner and/or agricultural producer. Commercial agriculture may be demonstrated by permits and/or certifications for an agricultural production operation issued by the Marin County Agricultural Commissioner or other evidence indicating how the existing or planned agricultural use(s) contribute to Marin's agricultural industry. Determinations regarding commercial agricultural use shall be at the sole discretion of the agency director or his/her designee.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

The provisions of this chapter are optional as requested by the property owner, and shall apply to the erection, construction, addition, alteration or repair of qualified nonoccupiable agricultural utility structures proposed or situated on property for which an approved agricultural use is entitled.

Except the provisions of this chapter shall not apply to any of the following:

(1)

Any building which is within a setback to property line of the lesser of the minimum setback required by the governing zoning district or fifty feet, regardless of the size of the parcel, or which maintains a setback of less than fifty feet to a nonagricultural exempt building, except that the distance to other buildings may be reduced to not less than forty feet when allowed by the building code.

(2)

Any building exceeding two stories in size.

(3)

Any building subject to use by the public.

(4)

Any building subject to more than occasional or incidental use by employees of the property owner.

(Ord. No. 3658, § II(exh. A), 2016)

(1)

All work shall comply with the requirements contained within the codes adopted in Section 19.04.010 of this code and other relevant laws and ordinances as applicable.

(2)

All work shall be performed by licensed individuals, the property owner, or employees of the property owner in conformance with applicable state law.

(3)

No work shall be performed until an agricultural exemption request application has been reviewed and approved and all fees paid.

(4)

Except where specifically exempted by the provisions of this chapter, agricultural exemption requests are subject to application, fees and permit requirements established elsewhere in the county code.

(5)

Plan review and site inspection services normally provided by the community development agency shall be reduced under this chapter as established in the agricultural exemption request application.

(6)

A final inspection shall be performed by community development agency inspectors after construction and prior to use to verify that the building complies with the basic requirements in Section 19.19.020(1) above.

(Ord. No. 3658, § II(exh. A), 2016)

Fees for agricultural exemption request shall be calculated using the approved fee schedule in effect at the time the fee is charged.

(Ord. No. 3658, § II(exh. A), 2016)

Chapter 19.20 - VOLUNTARY ALTERNATIVE REGULATIONS FOR THE CONSTRUCTION AND MAINTENANCE OF LIMITED DENSITY OWNER-BUILT RURAL DWELLINGS[[12]]

Footnotes:

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Editor's note— Ord. No. 3658, § II(exh. A), adopted Nov. 15, 2016, amended Ch. 19.20 in its entirety to read as herein set out. Former Ch. 19.20, §§ 19.20.010—19.20.070, pertained to similar subject matter, and derived from Ord. No. 3619, § II(exh. A, § III), 2014.

Express finding—Pursuant to California Health and Safety Code Section 17958.2(a), the Marin County Board of Supervisors hereby finds the application of regulations adopted by the California Department of Housing and Community Development for limited density owner-built rural dwellings, which are codified in the 2022 edition of Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Title 25 of the California Code of Regulations, is reasonably necessary in rural portions of the unincorporated county of Marin, where local conditions, such as lack of readily available district water, sewer or utility power connections, exist to the extent it would exclude participation in the normal permit process and create an unreasonable burden to the property owner to comply with prescriptive building and development requirements, which are codified in the 2022 California Building Standards Code (Title 24 of the California Code of Regulations); (b) the Marin County Board of Supervisors also finds the following changes or modifications to the provisions contained in the 2022 edition of Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Title 25 of the California Code of Regulations, and which are codified in Chapter 19.20, of Title 19 of Marin County Code are reasonably necessary to remove conflicting administrative provisions and integrate the requirements of this chapter into Marin County Code, insofar as the substantive application of these provisions is consistent with those contained within the 2022 edition of Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Title 25 of the California Code of Regulations, as set forth in this chapter. (Amended by Ord. No. 3777, § II, 2022)