Chapter 18.78 — MIGRATION PROTECTION (MP) ZONE

The MP zone is an overlay zone and is intended to be applied in combination with other zones to protect key antelope migration routes, antelope migration corridors, and deer migration corridors by limiting encroachments by new structures and uses, subdivision, and other development, provided there are no conflicts with the general plan.

(Ord. 236-73 Exh. A(part), 1991)

The regulations set out in this chapter shall apply in all MP zones.

(Ord. 236-73 Exh. A(part), 1991)

A.

When an application for development in the MP zone is received by the planning department, the planning director shall determine whether the regulations in this chapter apply to the proposed development. The applicant shall supply information regarding the characteristics of the subject property as required by the director for the purpose of making a determination. If the boundary of the MP zone in relation to the proposed development is uncertain, an on-site visit shall be conducted including the director or designee, applicant or agent, and representative from the State Department of Fish and Game.

B.

The determination by the director may be appealed to the planning commission as provided in Chapter 18.120, or may be processed with a project application.

(Ord. 236-73 Exh. A(part), 1991)

In the MP zone, the following standards and limitations shall apply:

A.

The configuration of the MP may be varied in response to site-specific conditions. Generally the EP zone shall be situated to form a continuous corridor. When a migration route can be specifically identified, the EP zone is generally a maximum one-quarter mile wide area along each side of the migration route.

B.

The design, improvement, and location of development requiring a land use entitlement or building permit, including new building sites, structures, uses, and increased human activity, shall be consistent with the intent to minimize encroachment on and interference with key antelope migration routes, antelope migration corridors, or deer migration corridors within the MP zone.

C.

The modification, enlargement, or change of use of a building or developed site which is legally existing at the time the MP zone is applied and which does not substantially increase encroachment or intense human activity within the MP zone shall be exempt from the provisions of this chapter.

D.

When fencing is required or regulated as a condition of approval of a subdivision, use permit, or other land use entitlement, such fencing may be required to conform to antelope fencing specifications. Otherwise, existing fences, including the reconstruction, modification, relocation, or placement of new fencing, shall be exempt from the provisions of this chapter.

E.

When the county determines it to be in the public interest, it may require, as a condition of a land use entitlement approval, that notice of the establishment of the MP zone be recorded in the office of the county recorder in reference to the subject property.

(Ord. 236-73 Exh. A(part), 1991)

An exception from the provisions of Section 18.78.040 may be granted by the body making determinations on a land use entitlement if it makes a written finding that either the conditions in subsections A, B and C of this section exist, or that the condition in subsection D of this section exists.

A.

The natural and man-made characteristics of the project site and its development will not cause impediments to the ability of the migrating animals to vary their migration route through the subject area, and the integrity and continuity of the key antelope migration route will not be compromised.

B.

The approval of the proposed development in the MP zone will not compromise the objectives and purposes of the general plan, any applicable specific plan, and this chapter.

C.

The physical characteristics of the subject property are unique and are not generally applicable to other land in the MP zone which is traversed by the same key antelope migration route as the subject property.

D.

Strict adherence to the provisions of the MP zone would prohibit or substantially prohibit all permitted uses in the principal zone which it overlays, particularly because the subject property is substantially located within the MP zone or constraints exist to development of the subject property located outside the MP zone.

(Ord. 236-73 Exh. A(part), 1991)