Marin County Municipal Code Ch. 22.08 Agricultural

22.08.010 - Purpose of Chapter.¶

This Chapter determines the allowable uses of land, land use permit requirements, and basic development standards for the agricultural zoning districts established by Section 22.06.020 (Zoning Districts Established). The purposes of each agricultural zoning district are described in Section 22.08.020 (Applicability of Agricultural Zoning Districts). This Chapter then lists allowable uses of land, and permit requirements for each use, by zoning district (Section 22.08.030 - Agricultural District Land Uses and Permit Requirements); and finally provides standards for development within the agricultural zoning districts (Section 22.08.040 - Agricultural District Development Standards).

(Ord. No. 3577, 2012)

Exceptions & meaning →

22.08.020 - Applicability of Agricultural Zoning Districts.¶

The applicability of each agricultural zoning district is as follows.

A. A (Agriculture and Conservation) Districts. The A3 through A60 zoning districts identify areas suitable for commercial agricultural operations, and similar and compatible uses. The A3 through A9 zoning districts are consistent with the Agriculture 3 land use category of the Marin Countywide Plan; the A10 through A30 zoning districts are consistent with the Agriculture 2 land use category of the Marin Countywide Plan; and the A31 through A60 zoning districts are consistent with the Agriculture 1 land use category of the Marin Countywide Plan.

The designation of an A zoning district shall include a numerical suffix on the zoning map, which shall indicate the minimum lot area for new subdivisions in acres.

B. A2 (Agriculture, Limited) District. The A2 zoning district identifies areas suitable for commercial agricultural operations, and similar and compatible uses. The A2 zoning district is consistent with the Agriculture 3 land use category and several residential land use categories of the Marin Countywide Plan.

Please refer to Sections 22.08.040 (Agricultural District Development Standards) and 22.14.050 (Minimum Lot Size "-B" Combining District) to understand the minimum lot area for new subdivisions.

C. ARP (Agricultural, Residential Planned) District. The ARP zoning district identifies agricultural areas suitable for residential development, with varied housing types designed without the confines of specific yard, height, or lot area requirements, where the amenities resulting from this flexibility in design will benefit the public or other properties in the community. The ARP zoning district is consistent with the Agriculture land use categories and the Agriculture and Conservation 3 land use category of the Marin Countywide Plan.

The designation of an ARP zoning district shall include a numerical suffix on the zoning map, which shall indicate the maximum residential density in acres. Please refer to Section 22.08.040 (Agricultural District Development Standards) to understand the maximum density for each zoning district.

(Ord. No. 3577, 2012)

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22.08.030 - Agricultural District Land Uses and Permit Requirements.¶

A. The uses of land allowed by this Chapter in each agricultural zoning district are identified in Table 2-1 (Allowed Uses and Permit Requirements for Agricultural and Resource-Related Districts) as being:

Allowed as a principally permitted use with no Use Permit required. Principally permitted uses are shown as "P" uses in the tables;
Allowable as a conditional use, subject to approval of a Conditional Use Permit (Chapter 22.48) or Master Use Permit (Chapter 22.49), as applicable. Conditionally permitted uses are shown as "U" uses in the tables, and "U/P" means that the use may be either principally permitted or conditionally permitted depending on the specific criteria set forth in Chapter 22.32;
Land uses that are not listed in the table, are not shown in a particular zoning district, or are shown as a "—" in the land use tables are not allowed, except where otherwise provided by Section 22.06.040.B (Determination of Allowable Land Uses), or Section 22.06.050 (Exemptions from Land Use Permit Requirements). In some instances, there are specific land use restrictions contained in Chapter 22.32 that prohibit certain uses under specific circumstances.

Where the last column in the tables ("See Requirements and Standards in Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may apply as well.

Reference notes apply to the table 2-1, as enumerated below:

When required under the circumstances described in 22.32.065, an applicant may choose to apply for either a Conditional Use Permit or a Temporary Use Permit.
Equestrian employee housing is permitted with Use Permit approval (See Chapter 22.48 Use Permits).

TABLE 2-1 - ALLOWED USES AND PERMIT REQUIREMENTS FOR AGRICULTURAL AND RESOURCE-RELATED DISTRICTS

LAND USE (See Article VIII for Definitions)	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	See Requirements and Standards in Section:
LAND USE (See Article VIII for Definitions)	A2 Agriculture Limited	A3 to A60 Agriculture and Conservation	ARP Agriculture Residential Planned	See Requirements and Standards in Section:
AGRICULTURAL, RESOURCE AND OPEN SPACE USES
Agricultural accessory activities	P	P	P
Agricultural accessory structures	P	P	P	22.32.030
Agricultural processing uses	U/P	U/P	U/P	22.08.040.E
Commercial gardening	P	P	P
Community gardens	P	P	P
Community gardens, market	U	U	U
Crop production	P	P	P
Dairy operations	P	P	P	22.32.030
Fish hatcheries and game reserves	—	P	P
Livestock operations, grazing	P	P	P	22.32.030
Livestock operations, large animals	P	P	P	22.32.030
Livestock operations, sales/feed lots, stockyards	U	U	U	22.32.030
Livestock operations, small animals	P	P	P	22.32.030
Mariculture/aquaculture	P	P	P
Mineral resource extraction	—	U	U	Chapter 23.06
Nature preserves	P	P	P
Poultry processing facilities	—	U/P	—	22.32.163
Slaughter facilities, mobile	—	P	—	22.32.162
Timber Harvesting	U	U	U	Title 23
Water conservation dams and ponds	P	P	P
Small WECS	P	P	P	22.32.180
Medium WECS	P	P	P	22.32.180
Large WECS	—	U	U	22.32.180
MANUFACTURING AND PROCESSING USES	MANUFACTURING AND PROCESSING USES	MANUFACTURING AND PROCESSING USES	MANUFACTURING AND PROCESSING USES	MANUFACTURING AND PROCESSING USES
Cottage industry	U	U	U	22.32.060
Recycling - Scrap and dismantling yards	U	U	U

"P" means principally permitted "U" means conditionally permitted subject to Use Permit approval "—" means prohibited

See Section 22.08.040 (Agricultural District Development Standards) for applicable standards.

TABLE 2-1 - ALLOWED USES AND PERMIT REQUIREMENTS FOR AGRICULTURAL AND RESOURCE-RELATED DISTRICTS (Continued)

LAND USE (See Article VIII for Definitions)	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	See Requirements and Standards in Section:
LAND USE (See Article VIII for Definitions)	A2 Agriculture Limited	A3 to A60 Agriculture and Conservation	ARP Agriculture Residential Planned	See Requirements and Standards in Section:
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Camping and Campgrounds	—	U	U	22.32.045
Child day-care centers	U	U	U	22.32.050
Child day-care, large family day-care homes	P	P	P	22.32.050
Child day-care, small family day-care homes	P	P	P	22.32.050
Educational Tours	—	P	U/P(1)	22.32.065 and 22.32.115
Equestrian facilities	P	P(1)	P(2)	22.32.030
Golf courses/country clubs	U	U	U
Health/fitness facilities	U	U	U
Horses, donkeys, mules, ponies	P	P	P	22.32.030
Hunting and fishing clubs (Private)	—	P	P
Hunting and fishing clubs (Public)	—	U	U
Libraries and museums	U	U	U
Off-road vehicle courses	—	U	U
Public parks and playgrounds	P	U	U
Religious places of worship	U	U	U
Rural recreation	—	U	U
Schools	U	U	U

Notes:

(1) When required under the circumstances described in 22.32.065, an applicant may choose to apply for either a Conditional Use Permit or a Temporary Use Permit

(2) Equestrian employee housing is permitted with Use Permit approval (See Chapter 22.48 Use Permits)

"P" means principally permitted "U" means conditionally permitted subject to Use Permit approval "—" means prohibited

See Section 22.08.040 (Agricultural District Development Standards) for applicable standards.

TABLE 2-1 - ALLOWED USES AND PERMIT REQUIREMENTS FOR AGRICULTURAL AND RESOURCE-RELATED DISTRICTS (Continued)

LAND USE (See Article VIII for Definitions)	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	See Requirements and Standards in Section:
LAND USE (See Article VIII for Definitions)	A2 Agriculture Limited	A3 to A60 Agriculture and Conservation	ARP Agriculture Residential Planned	See Requirements and Standards in Section:
RESIDENTIAL USES	RESIDENTIAL USES	RESIDENTIAL USES	RESIDENTIAL USES	RESIDENTIAL USES
Adult day program	P	U	P
Affordable housing	P	U	P	Chapter 22.22
Agricultural worker housing	P	P	P	22.32.023
Group homes, 6 or fewer residents	P	P	P
Group homes, 7 or more residents	U	U	U
Guest house	P	P	P
Home occupations	P	P	P	22.32.100 22.32.115
Private residential recreational facilities	U	U	U
Religious residential retreats	U	U	U
Residential Accessory Dwelling Units, Junior	P	P	P	22.32.125
Residential Accessory Dwelling Units	P	P	P	22.32.120
Residential accessory uses and structures	P	P	P	22.32.130
Residential care facilities	P	P	P
Room rentals	P	P	P
Single-family dwellings (attached or detached)	P	P	P	22.08.040.D
Tennis and other recreational uses	P	P	P	22.32.130

"P" means principally permitted "U" means conditionally permitted subject to Use Permit approval "—" means prohibited

See Section 22.08.040 (Agricultural District Development Standards) for applicable standards.

TABLE 2-1 - ALLOWED USES AND PERMIT REQUIREMENTS FOR AGRICULTURAL AND RESOURCE-RELATED DISTRICTS (Continued)

LAND USE (See Article VIII for Definitions)	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	See Requirements and Standards in Section:
LAND USE (See Article VIII for Definitions)	A2 Agriculture Limited	A3 to A60 Agriculture and Conservation	ARP Agriculture Residential Planned	See Requirements and Standards in Section:
RETAIL TRADE USES	RETAIL TRADE USES	RETAIL TRADE USES	RETAIL TRADE USES	RETAIL TRADE USES
Commercial storage and sales of garden supply products		U	U
Sale of agricultural products	U/P	U/P	U/P	22.08.040.F 22.32.115
Other commercial uses	—	—	U	22.08.040.G

"P" means principally permitted "U" means conditionally permitted subject to Use Permit approval "—" means prohibited

See Section 22.08.040 (Agricultural District Development Standards) for applicable standards.

TABLE 2-1 - ALLOWED USES AND PERMIT REQUIREMENTS FOR AGRICULTURAL AND RESOURCE-RELATED DISTRICTS (Continued)

LAND USE (See Article VIII for Definitions)	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	See Requirements and Standards in Section:
LAND USE (See Article VIII for Definitions)	A2 Agriculture Limited	A3 to A60 Agriculture and Conservation	ARP Agriculture Residential Planned	See Requirements and Standards in Section:
SERVICE USES	SERVICE USES	SERVICE USES	SERVICE USES	SERVICE USES
Bed and breakfast inns, 3 or fewer guest rooms	—	P	P	22.32.115
Bed and breakfast inns, 4 or 5 guest rooms	—	U	U	22.32.115
Cemeteries, columbariums, and mortuaries	U	U	U
Commercial solar facilities	U	U	U
Kennels and animal boarding	P	P	P
Medical services - Clinics and laboratories	U	U	U
Medical services - Extended care	U	U	U
Medical services - Hospitals	U	U	U
Other service uses	—	—	U	22.08.040.G
Public safety/service facilities	U	U	U
Public utility facilities	U	U	U
Storage, accessory	P	P	P
Temporary construction office/work trailer/real estate office	U	U	U
Temporary construction yards	U	U	U
Veterinary clinics and animal hospitals	U	U	U
Waste disposal sites	U	U	U

"P" means principally permitted "U" means conditionally permitted subject to Use Permit approval "—" means prohibited

See Section 22.08.040 (Agricultural District Development Standards) for applicable standards.

TABLE 2-1 - ALLOWED USES AND PERMIT REQUIREMENTS FOR AGRICULTURAL AND RESOURCE-RELATED DISTRICTS (Continued)

LAND USE (See Article VIII for Definitions)	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	PERMIT REQUIREMENT BY DISTRICT	See Requirements and Standards in Section:
LAND USE (See Article VIII for Definitions)	A2 Agriculture Limited	A3 to A60 Agriculture and Conservation	ARP Agriculture Residential Planned	See Requirements and Standards in Section:
TRANSPORTATION AND COMMUNICATIONS USES	TRANSPORTATION AND COMMUNICATIONS USES	TRANSPORTATION AND COMMUNICATIONS USES	TRANSPORTATION AND COMMUNICATIONS USES	TRANSPORTATION AND COMMUNICATIONS USES
Airparks	U	U	U
Marinas and harbors	U	U	U
Pipelines and utility lines	P	P	P
Telecommunications facilities	U/P	U/P	U/P	22.32.165

See Section 22.08.040 (Agricultural District Development Standards) for applicable standards.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021)

Exceptions & meaning →

22.08.040 - Agricultural District Development Standards.¶

A. General zoning district standards—Use of table. Proposed development and new land uses within the agricultural zoning districts established by Section 22.06.020 (Zoning Districts Established) shall be designed and constructed in conformity with the agricultural district development standards in Table 2-2 (Agricultural District Development Standards), except as provided by following Subsection B.

B. Development standards for planned districts. Special development standards for the ARP zoning district established by Section 22.06.020 (Zoning Districts Established) are provided by Chapter 22.16 (Discretionary Development Standards). In the event of any conflict between the provisions of Chapter 22.16 and those of Table 2-2 (Agricultural District Development Standards), the standards of Chapter 22.16 shall control.

C. Clustering Requirements. In A districts (A3 to A60) and in ARP districts, non-agricultural development shall be clustered to retain the maximum amount of land in agricultural production or available for future agricultural use. Homes, roads, residential support facilities, and other non-agricultural development, shall be clustered on no more than five percent of the gross acreage, to the extent feasible, with the remaining acreage retained in agricultural production and/or open space. Proposed development shall be located close to existing roads, or not require new road construction or improvements resulting in significant diminution of the existing or potential agricultural use of the land, grading that is inconsistent with the natural topography of the site, removal of significant vegetation, and degradation of the natural visual qualities of the site. Proposed development shall also be sited to minimize impacts on scenic resources, wildlife habitat and streams, and adjacent agricultural operations.

D. Density. More than one single-family dwelling may be allowed for the residence of the owner or a lessee of the land, and/or for the family of the owner or a lessee who is engaged in agricultural use of the same property, provided each such single-family dwelling is consistent with the permitted density and is incidental to the agricultural use of the land. Agricultural use of the land means agriculture is the primary or principal use of the land as demonstrated by the applicant to the satisfaction of the Director. Prior to making this determination, the Director may refer any question about the use of the land to such individuals or groups with agricultural expertise as appropriate for a recommendation.

E. Agricultural Processing. A Use Permit is required: (1) if any agricultural products to be processed are not produced on the same site or on other agricultural properties located in Marin County that are owned or leased by the processing facility owner or operator; or (2) if the floor area used for processing activities exceed an aggregate of 5,000 square feet. Agricultural products do not include additives or ingredients that are incidental to processing. New processing facilities shall comply with the stream conservation area standards established in the Countywide Plan.

F. Sale of Agricultural Products. A Use Permit is required: (1) if any agricultural products to be sold are not produced on the same site, or on other agricultural properties located in Marin County that are owned or leased by the sales facility owner or operator; or (2) if the building(s), structure(s), or outdoor sales area used for the retail sales activities exceed an aggregate floor area of 500 square feet. New retail sales facilities shall comply with the stream conservation area standards established in the Countywide Plan.

G. Commercial Uses. Limited commercial uses may be allowed only when: (1) included in a plan for new or continued agricultural activities on the site and surrounding properties, (2) determined by the Review Authority to be in all respects compatible with agricultural operations on surrounding properties, and (3) subject to specific approval in the adoption of a Use Permit.

TABLE 2-2 AGRICULTURAL DISTRICT DEVELOPMENT STANDARDS

Zoning District	Minimum Lot Area (1)	Maximum Residential Density (2, 3)	Minimum Setback Requirements (4)	Minimum Setback Requirements (4)	Minimum Setback Requirements (4)	Height Limit (5)	Height Limit (5)	Maximum FAR (7)
Zoning District	Minimum Lot Area (1)	Maximum Residential Density (2, 3)	Front	Sides	Rear	Primary	Accessory	Maximum FAR (7)
A2	2 acres	Not applicable	25 ft.	6 ft., 10 ft. on street side	20% of lot depth to 25 ft. max.	30 ft.	16 ft.	0.30
A3	3 acres	Not applicable	30 ft.	30 ft.	30 ft.	30 ft.	16 ft.	0.05
A5	5 acres	Not applicable	30 ft.	30 ft.	30 ft.	30 ft.	16 ft.	0.05
A10	10 acres	Not applicable	30 ft.	30 ft.	30 ft.	30 ft.	16 ft.	0.05
A15	15 acres	Not applicable	40 ft.	40 ft.	40 ft.	30 ft.	16 ft.	0.05
A20	20 acres	Not applicable	50 ft.	50 ft.	50 ft.	30 ft.	16 ft.	0.05
A30	30 acres	Not applicable	50 ft.	50 ft.	50 ft.	30 ft.	16 ft.	0.05
A40	40 acres	Not applicable	50 ft.	50 ft.	50 ft.	30 ft.	16 ft.	0.05
A60	60 acres	Not applicable	50 ft.	50 ft.	50 ft.	30 ft.	16 ft.	0.05
ARP	See note (2)	See Zoning Map	Not applicable	Not applicable	Not applicable	30 ft.	16 ft.	N.A.

Notes:

(1) Minimum lot area and setback standards may change, as follows:

a. In A2 districts, the minimum lot area and setback standards may change when such district is combined with a B district in compliance with the provisions of Section 22.14.050 (Minimum Lot Size [B] Combining District).

b. In A2 districts, including those combined with B districts, the minimum lot area may change in areas of sloping terrain in compliance with the provisions of Section 22.82.050 (Hillside Subdivision Design).

c. In A districts (A3 to A60), the minimum lot area and setback standards may be waived to allow for clustering of single-family dwellings in compliance with the provisions of Chapter 22.44 (Master Plans and Precise Development Plans); however, the total number of lots shall not exceed the maximum number permitted based on the total acreage of the parcel to be subdivided and the minimum lot area requirements of the respective A district.

(2) In ARP districts, minimum lot area is determined through the subdivision and/or Master Plan process.

(3) In ARP districts, any fraction of a dwelling unit should be rounded up to the next whole unit.

(4) See (1) above. See Section 22.20.090 (Setback Requirements and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions to required setbacks. In ARP districts, setbacks are determined through the Master Plan, Precise Development Plan, or Design Review process in accordance with Chapters 22.44 (Master Plans and Precise Development Plans) or 22.42 (Design Review).

(5) See Section 22.20.060 (Height Measurement and Height Limit Exceptions) for height measurement and exceptions.

"P" means principally permitted "U" means conditionally permitted subject to Use Permit approval "—" means prohibited

See Article VIII (Development Code Definitions) for definitions of the terms used above.

(Ord. No. 3577, 2012; Ord. No. 3602, § II(exh. A), 2013; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3819, § I(exh. A), 2024)

Exceptions & meaning →