Modoc County Municipal Code Ch. 18.18 Agricultural Exclusive (ae) Zone

The purpose of an AE zone is to protect agriculture as an integral part of the county's economy and lifestyle by limiting incompatible land uses and reserving lands that have a combination of size, water availability, soils and location suited to agriculture as defined in the general plan. The AE zone is consistent with the exclusive agriculture general plan designation, and may be applied to other high quality agricultural lands, or lower quality lands that are an integral part of a ranch or farm operation, provided there are no conflicts with the general plan. The AE zone also provides for uses which support or complement agricultural uses and resource based uses such as mining, provided adverse impacts do not occur to agricultural uses in the vicinity and the siting of the use in the AE zone overrides the necessity of maintaining the land for agricultural uses.

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

The regulations set out in this chapter shall apply in all AE zones, and shall be subject to the provisions and limitations set out in Chapters 18.100 through 18.112 of this title.

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

A. The growing and harvesting of tree, vine, field, forage, and any other crops; nurseries, greenhouses, or, hydroponics;

B. The maintaining, raising, breeding, and management of livestock, poultry, and specialty animals; aquaculture or apiaries;

C. Agricultural management practices such as grading, soil preparation, erosion control, pest abatement, fertilizing, irrigation, aerial spraying, and other practices customary to the particular agricultural operation;

D. Buildings and structures accessory to and customarily used in conjunction with an agricultural operation including those for the storage of equipment, supplies, produce, feed, and petroleum products for use by the owner or occupant, equipment repair, storage tanks, irrigation structures, stock watering ponds, or reservoirs;

E. Storage and associated packaging and shipping of agricultural products accessory to a bona fide agricultural operation in which at least fifty percent of such products were produced;

F. Processing and associated packaging and shipping of agricultural products accessory to a bona fide agricultural operation in which at least 50 percent of such products were produced, or where the resulting product is consumed or used in the agricultural operation rather than marketed for direct or indirect compensation;

G. Roadside stands for the sale of agricultural produce grown on the parcel where the agricultural operation is located;

H. Farm forestry; forest management and fish and wildlife enhancement projects (section 18.100.010);

I. Flood control or ground water recharge projects;

J. Low intensity recreational uses;

K. Private energy development, commercial energy exploration;

L. Residential uses when the parcel is less than seventy-five acres, one, one-family dwelling and accessory uses. Parcels in excess of seventy-five acres may have two, one-family dwelling units with accessory uses allowed (section 18.100.010);

M. Accessory dwelling unit (section 18.100.070);

N. Residential care facility, small and/or unlicensed (section 18.100.090);

O. Employee housing, small and large (section 18.100.080);

P. Transitional housing (section 18.100.110);

Q. Supportive housing (section 18.100.110);

R. Public uses and public utilities, when land is not taken out of production and the use does not conflict with the purpose of the AE zone; and

S. Similar uses (section 18.100.010).

(Ord. No. 236-162, 3-24-2026; Ord. No. 236-149, § 4, 7-28-2021; Ord. No. 236-146, 12-12-2017; Ord. No. 348, 7-20-2011; Ord. 236-73 Exh. A(part), 1991)

Uses permitted with an administrative permit subject to the provisions in section 18.100.020 or as specified, are as follows:

A. Assemblage of people;

B. When the parcel is not at least seventy-five acres, guest house; and

C. The following uses provided the building site is located at least five hundred feet from all land zoned RH, RL, RR, or RT:

1. Private airstrip accessory to a bona fide agricultural operation.

2. Sale, rental or repair of agricultural machinery, implements, or equipment.

3. Storage or sale of farm supplies of all kinds including fertilizer, agricultural minerals and chemicals, feed, or fencing materials.

4. Agricultural services for the performance of earthwork, animal husbandry, horticultural services; services relating to the transportation of agricultural products including the maintenance and repair of such trucks.

5. Veterinarian services, kennels.

6. Commercial agricultural storage facilities.

7. Commercial energy exploration.

(Ord. No. 236-162, 3-24-2026; Ord. No. 348, 7-20-2011; Ord. 236-73 Exh. A(part), 1991)

Uses in section 18.18.040 when the criteria in that section are not met:

A. All other agricultural uses necessary or appropriate to support the agricultural economy of the county when there are no conflicts with the general plan or this title; auction yard; commercial feed lot;

B. Residential care facility, large licensed (section 18.100.090);

C. Commercial timber or wood processing facilities;

D

Above-ground public utilities transmission lines not located within an existing right-of-way; commercial energy facilities;

E. Public uses that are sensitive uses;

F. Mining (section 18.100.030); other resource-based industries;

G. Commercial recreational facilities;

H. Waste facilities;

I. Similar uses (section 18.100.030); and

J. Other uses as referenced in section 18.100.010, Uses permitted in certain zones.

(Ord. No. 236-162, 3-24-2026; Ord. No. 236-149, § 4, 7-28-2021; Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

Except as otherwise provided in Chapter 18.110:

A. Minimum yards:

1. Front, side street: Dwellings and nonfarm buildings: twenty feet; farm buildings: ten feet.

2. Rear, side: Dwellings: fifty feet.

B. Maximum lot coverage: Ten percent, except parcels five acres or less shall not be subject to the ten percent restriction.

C. Access, parking, height limits, signs, other: As provided in Chapter 18.110.

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

Eighty acres, except as provided in Section 18.110.020 and as follows: A. One acre, when all the following criteria are met. Evidence of compliance shall accompany all applications for division.

1. The proposed one acre minimum lot has situated on it a residential, industrial, or commercial facility which is at least ten years old on the date the application to divide the property is filed, the facility has a minimum current market value of at least ten thousand dollars as determined by the county assessor, and the facility has value as a viable and continuing use. This subsection shall allow for the one-time division of a dwelling from each agriculture operation such that an approximate density of one division per eighty acres is not exceeded.

2. The existing parcel is at least seventy-five acres, and the proposed one acre minimum lot includes only the confined building site not to exceed five acres. The five acre maximum may be exceeded when it is demonstrated that the physical characteristics of the project site justify a larger parcel size.

3. It is demonstrated that the division will not interfere with the agricultural viability of the remaining agricultural operation or agricultural operations in the area.

4. Prior to recordation of the division, an application to apply the M zone to the one acre minimum lot and that portion of the remaining agricultural operation zoned AE which qualifies it for the division must be approved by the county to prohibit the future division of any future dwelling, second dwelling, or farm employee housing pursuant to the one acre minimum provision in this subsection.

B. Five acres, when all the following criteria are met. Evidence of compliance shall be included with all applications for division.

1. The existing parcel is at least eighty acres, and the total acreage proposed for division does not exceed ten percent of the existing parcel size.

2. It is demonstrated that the division(s) will not interfere with the agricultural viability of the remaining agricultural operation or agricultural operations in the area.

3. It is demonstrated that the land proposed for division is not suited to production due to the physical characteristics of the property and does not meet the criteria for defining highest value or lower value exclusive agricultural land in the general plan.

4. Prior to recordation of the division, an application to apply the M zone to the five acre minimum lot and every portion of the remaining agricultural operation zoned AE which qualifies it for the division must be approved by the county to prohibit the future division of any dwelling, second dwelling, farm employee housing, or other portion of the property pursuant to the provisions in this section.

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