Solano County Municipal Code § 28.52 Marsh Preservation (mp) District

This Section includes regulations for MP zoning district.

This Section lists the uses of land that may be allowed within the Marsh Preservation (MP) zoning district, established by Section 28.13 (Districts Designated and Established). It also determines the type of land use approval required for each type of use and provides general standards for site development.

Marshes, wetlands, and certain adjacent grasslands within the County represent an area of significant aquatic and wildlife habitat and are an irreplaceable and unique resource to the people of the County, State, and the Nation. Therefore, the Board of Supervisors has determined it is in the interest of the County to preserve and enhance the quality and diversity of marsh habitats, within which marsh-oriented uses shall be encouraged to the exclusion of such other uses of land as may be in conflict with the long-term preservation and protection of marsh areas. The provisions of this Section shall be strictly interpreted to provide maximum protection to marsh areas.

A. Allowed Uses and Permit Requirements

Table 28.52A identifies the land uses allowed by this Zoning Ordinance in the marsh preservation district and the land use permit required to establish each use. In addition to the land use permit required by Table 28.52A, special requirements may apply to certain uses.

B Marsh Development Permit Requirements

Any development within the Suisun Marsh, as defined by Section 29114 of the Public Resources Code, shall be subject to obtaining a marsh development permit pursuant to the Suisun Marsh Preservation Act of 1977 and as provided for in Section 28.104 of this Code. When a land use subject to a marsh development permit is proposed in both the Primary Management Area and Secondary Management Area, as defined in the Suisun Marsh Preservation Act of 1977, the land use shall be subject to a use permit covering the whole of the project.

C. Architectural Review

Architectural Approval may be required for certain uses, in compliance with Section 28.102 (Architectural Approval).

D. Building Permits

A building permit shall be required prior to any construction.

E. Land Use Regulations

Where the last column in Table 28.52A (Land Use Regulations) includes a section number, e.g. 28.70.10, the zoning regulations in the referenced section apply to the use. Where the last column includes a chapter number, e.g. Chapter 13.6, the regulations in the referenced Solano County Code apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.

F. Nonconforming Uses

Within the Suisun Marsh, as defined by Section 29101 of the Public Resources Code, uses established prior to 1977 that do not conform to the uses set forth in Table 28.52A shall be considered nonconforming uses under Section 28.114, except that nonsubstantial changes, alterations, and additions to nonconforming uses may be allowed within the existing established project footprint area subject to a marsh development permit pursuant to the Suisun Marsh Preservation Act of 1977 and as provided for in Section 28.104. The overall existing development area may not be expanded under these provisions. Development within the existing development area should minimize additional impervious surfaces. An adequate buffer should be established or maintained between the development areas and any water, wetlands, or other marsh habitat to protect the habitat from adverse environmental impacts. An erosion, sediment, and runoff control plan shall be prepared in accordance with Section 31.26, regulating grading, drainage, land leveling and erosion control. When the nonconforming use is located in both the Primary Management Area and Secondary Management Area, as defined by the Suisun Marsh Preservation Act of 1977, nonsubstantial changes, alterations, and additions to the nonconforming use shall be subject to a use permit covering the whole of the project.

G. Site Development and Other Standards

All uses shall comply with the provisions of Article IV of this chapter, relating to site development and other standards and beginning with Section 28.90, which includes standards for parking, signs, and other project elements.

Table 28.52A TABLE OF ALLOWED USES

A = Allowed by right, AP = Administrative Permit, MUP = Minor Use Permit, UP = Use Permit, - - - = Prohibited

Notes:

1. Any development within the Suisun Marsh, as defined by Section 29114 of the Public Resources Code, shall be subject to obtaining a marsh development permit pursuant to the Suisun Marsh Preservation Act of 1977, and as provided for in Section 28.104.

2. Management of wetlands and agricultural operations, with emphasis on grain and hay crop production, pasture, grazing, and the growing of plants and natural feed important to wildlife habitat.

3. Buildings and uses clearly accessory or incidental to any permitted use located on the premises, including a one-family dwelling or a manufactured dwelling, barns, private stables, sheds, and other associated buildings.

4. Oil wells are not permitted in the Suisun Marsh Primary and Secondary Management Areas.

(Ord. No. 1764, §12 (Exh. J); Ord. No. 1788, §2 (Att. A); Ord. No. 1797, §§2, 3 (Exh. 3); Ord. No. 1840, §15; Ord. 1864, §12)

Subdivisions, new land uses, main buildings including primary dwellings, and alterations to existing land uses and buildings shall be designed, constructed, and/or established in compliance with the applicable development standards delineated or referenced in Table 28.52B.

TABLE 28.52 B DEVELOPMENT STANDARDS FOR MAIN BUILDING, ACCESSORY STRUCTURES, AND USES MAIN BUILDING

(Ord. No. 1732, §4; Ord. No. 1817, §§24, 25)