Sec. 7-7. - Agricultural exemption permit requirements.

(a)

At the applicant's option, the provisions of Section 7-5 requiring building permits may be exempted for buildings, or repairs, alterations, additions, or remodels to buildings designed and constructed for use in housing farm machinery, animals, supplies or products that are harvested from or utilized on a parcel of land. Buildings constructed pursuant to this section shall, conform to all applicable codes and regulations and applicant shall obtain an exemption permit.

This agricultural exemption permit shall not apply to the following:

(1)

Any building, any part of which is within sixty (60) feet of a property line or other non-agricultural exempt building, regardless of the size of the parcel, except the distance to other buildings may be reduced to not less than forty (40) feet when allowed by building code requirements;

(2)

Any building which will or does contain waste plumbing. Electrical, mechanical and water systems may be installed in agricultural exempt buildings, however, permits for and inspections of these systems are required;

(3)

Any farm property less than five (5) acres. Farm property means all contiguous parcels. Parcels shall be considered as contiguous even if they are separated by roads;

(4)

Any building that is not an agricultural building as defined by Section 202 of the California Building Code;

(5)

Any building located on property with a land use zone other than LIA, LEA, DA RRD, RRDWA, AR TP or RR;

(6)

Property on which an agricultural use does not presently exist and for which no substantial evidence of future agricultural use is available. The chief building official's determination of the sufficiency of the evidence of current or future agricultural use shall be final;

(7)

Any building exceeding two (2) stories;

(8)

Any building constructed primarily of other than wood frame construction except for manufactured pre-engineered buildings;

(9)

Any wood frame building wherein spans of structural members exceed twenty-five (25) feet, unless the exemption request is accompanied by building plans prepared, stamped, and signed by a licensed civil or structural engineer or architect.

(b)

Prior to the erection, construction, conversion, enlargement or major alteration of any building or structure situated on agricultural land, or prior to the moving of any building or structure onto said land subject to exemption, a written application for the exemption shall be filed with the chief building official and shall contain:

(1)

A verified statement in writing signed by the owner of the agricultural land regarding each of the requirements contained in this section;

(2)

Description of the present use of the land;

(3)

Description of the building or structure to be exempted and its proposed use;

(4)

Name and address of the owner of the land and the assessor's parcel number. The applicant must be the owner;

(5)

An accurate dimensioned plot plan showing all buildings, structures, property lines, streets and roads and the means of access thereto;

(6)

Such further information as the chief building official may require;

(7)

Payment of the exemption fee.

(c)

The chief building official shall record a notice of agricultural exemption with the county recorder following issuance of an agricultural exemption. The notice shall contain:

(1)

The owner's name and the property address and assessor's parcel number;

(2)

The owner's description of the present agricultural use of the land;

(3)

A description, including use, of the building for which the exemption was issued;

(4)

The date of exemption issuance.

(d)

Unless otherwise authorized, the structure or repairs, alterations, additions, or remodels for which the exemption is approved must be completed within three (3) years of the date of the authorization for exemption. If the structure or repair, alteration, addition, or remodel is not completed within this time period, a new exemption must be applied for. When the structure or repairs, alterations, additions, or remodels is completed, an inspection must be performed by permit resource management division staff. The sole purpose of this inspection shall be to insure that the structure is complete and is being used for the use stated on the application for exemption.

(Ord. No. 5754, § 1(g), 2007; Ord. No. 5167, §§ 1(d), 1(e), 1999; Ord. No. 4906, § 3, 1995.)