San Benito County Municipal Code Art. VII Agricultural Building Exemption

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.

AGRICULTURE. The tilling of soil, the raising of crops, horticulture, viticulture, small livestock farming, dairying or animal husbandry, including all uses customarily incidental thereto.

(1966 Code, § 5-32) (Ord. 501, (part); Ord. 903, § 1 (part), 2012)

The construction, repairing and remodeling of agricultural buildings or structures may be exempt from the requirement to pay impact fees if the following requirements are all met:

(A) The buildings or structures for the above mentioned uses must be located only on parcels of land greater than five acres; and

(B) There must be an existing agricultural use on the property or the site must have obvious potential to be developed with an agricultural use for which the building will be needed.

(1966 Code, § 5-33) (Ord. 501, (part); Ord. 903, § 1 (part), 2012)

(A) The Board of Supervisors may reduce, defer, or waive impact fees for projects deemed by the Board to be agricultural in nature but which fail to qualify for an agricultural exemption of impact fees pursuant to § 21.01.111, above. The Board may reduce, defer, or waive impact fees individually or collectively.

(B) In order for the Board of Supervisors to reduce, defer, or waive impact fees, the Board must find that the construction and addition of buildings to the subject property, and the use that will be conducted within said structures will have a minimal impact on County Fire, Sheriff, traffic, schools, or other impact fee designation for which the reduction, deferment, or waiver is requested.

(C) Impact fees associated within an area adopted as a “benefit area” by the Board of Supervisors may not be reduced, deferred, or waived.

(1966 Code, § 5-34) (Ord. 501, (part); Ord. 903, § 1 (part), 2012)

Buildings constructed without permits are not eligible for any impact fee exemption or reduction.

(1966 Code, § 5-35) (Ord. 501, (part); Ord. 903, § 1 (part), 2012)

(A) An applicant may make application for impact fee waiver for an agricultural building by completing an application available in the Planning Department along with the building permit application on which he or she shall attest that he or she is in compliance with the exemption requirements listed above.

(B) The Building Official or Planning Director shall determine if a building is to be exempted from impact fees for agricultural reasons. An exemption may then be issued by the Building Official or Planning Director.

(C) An exemption for an agricultural related building does not exempt the building from obtaining all necessary building permits.

(D) Failure by the applicant to comply with the requirements of this article, in the opinion of the Building Official or Planning Director, shall be cause for denial of the exemption and the applicant will be required to pay full impact fees.

(E) Applications for impact fee exemption and the optional impact fee exemption shall be subject to a fee as established by the Board of Supervisors by resolution or ordinance from time to time.

(1966 Code, § 5-36) (Ord. 501, (part); Ord. 903, § 1 (part), 2012)

Pursuant to Chapter 19.41 of the San Benito County Code, the county shall require, as a prerequisite for approval or as part of the application process, an applicant for any approval(s) to agree in writing to defend, indemnify, and hold harmless the county and its officers, agents, employees, boards and commissions from any claim, action, litigation, or proceeding brought by any person or entity other than the applicant (“third party”) against the county or its officers, agents, employees, boards or commissions that arises from or is in any way related to an approval(s), including, but not limited to claims, actions, litigation, or proceedings to attack, set aside, void, or annul an approval(s).

(Ord. 903, § 1 (part), 2012)

If the structure is used for any purpose not included within the definition of an agricultural exempt building, then full impact fees will be required as set forth by the San Benito County Code at the amount established when the structure is converted to a non-exempt use.

(Ord. 903, § 1 (part), 2012)

An applicant may appeal the decision as to qualification for an agricultural exemption to the county’s Planning Commission through the process outlined in Chapter 25.47 of the San Benito County Code.

(1966 Code, § 5-37) (Ord 501, (part); Ord. 903, § 1 (part), 2012)