Chapter 17.13 — AG-4 AGRICULTURAL/CAPAY DISTRICT

A.

The purpose of the AG-4, Agricultural/Capay district classification is to implement the Valley Floor Agriculture - Capay lands designation of the land use element of the Tehama County General Plan, applicable within the unincorporated community of Capay, by recognizing lands which are suited for, and is appropriately retained for, the production of orchard and field crops. This district classification includes lands with present or future potential for significant agricultural production, availability of water, and on which contiguous or intermixed smaller parcels having non-compatible uses could jeopardize the agricultural use of agricultural lands. Permitted non-agricultural uses within this district, to the greatest extent possible, should not occur on lands that might otherwise be devoted to agricultural production.

B.

The specific regulations set out in this chapter and the general regulations set forth in Chapter 17.08 shall apply in all AG-4 districts.

C.

Unless context indicates otherwise, any reference in this Code to the EA zoning district shall be deemed to refer to the AG-2, AG-3, and AG-4 districts.

(Ord. No. 1972, § 19, 10-23-2012)

Except as provided in Section 17.13.080, uses permitted in an AG-4 district shall be as follows:

A.

The primary use of lands in this district is for the production of tree, row and field crops; and nurseries and greenhouses for the propagation of plants.

B.

Secondary uses for lands in this district include the grazing of livestock; animal husbandry; and semi-heavy agricultural uses as defined by Section 17.04.490, where the use does not require a use permit pursuant to Section 17.13.030.

C.

Residential uses accessory to agricultural and permitted commercial recreation operations. Except as otherwise provided in this Title, including without limitation Sections 17.08.012, 17.08.050, and 17.11.030, such accessory residential uses shall be limited to the principal residence of the owner or operator.

D.

Home occupations as defined in Section 17.04.280.

E.

Outdoor recreation uses such as agritourism, agri-nature tourism, collaborative agri-nature tourism events, and environmental learning tourism meeting the standards and requirements of Chapter 17.81.

F.

Agricultural homestays meeting the standards and requirements of Chapter 17.81, provided that such agricultural homestays are in conjunction with the primary agriculture production use of the property.

G.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products meeting the standards and requirements of Chapter 17.82.

(Ord. No. 1972, § 19, 10-23-2012; Ord. No. 2016, §§ 20, 21, 10-20-2015)

Except as provided in Section 17.13.080, the following uses shall be permitted in an AG-4 district upon securing a use permit:

A.

Heavy agricultural uses as defined by Section 17.04.330.

B.

Dairies and commercial cattle and hog feed lots.

C.

Youth ranches, educational or religious institutions, or similar uses.

D.

Additional farm labor or caretaker housing.

E.

Employee and farmworker housing exceeding the limits set pursuant to Section 17.08.012

F.

Soil amendment projects for the treatment of "non-hazardous petroleum contaminated soils" as defined by state law and regulations.

G.

Commercial shooting ranges as defined in Section 17.04.180.

H.

Outdoor recreation uses such as agritourism, agri-nature tourism, collaborative agri-nature tourism events, and environmental learning tourism exceeding the standards and requirements of Chapter 17.81.

I.

Temporary, seasonal collaborative sales of agricultural products in accordance with state and federal standards, such as farmers' markets.

J.

Commercial and industrial uses of primary and essential service to the agricultural use of the surrounding area, including, but not limited to, the sale of fertilizers and pesticides; the sale and repair of farm equipment and machinery, and the limited manufacture of agricultural equipment and machinery.

K.

Mineral exploration which will not permanently interfere with the principal uses of the lands for agricultural purposes.

L.

Non-commercial wind generators exceeding eighty feet.

M.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products exceeding the standards and requirements of Chapter 17.82.

(Ord. No. 1972, § 19, 10-23-2012; Ord. No. 2016, §§ 22, 23, 10-20-2015)

17.13.040 - Yards.

Yard requirements in an AG-4 district shall be as follows:

A.

Minimum front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater.

B.

Minimum side yards, ten feet; six feet on non-conforming parcels of ten acres or less.

C.

Minimum rear yards, twenty feet.

(Ord. No. 1972, § 19, 10-23-2012)

17.13.050 - Lots.

Minimum lot area in an AG-4 district shall be forty gross acres.

(Ord. No. 1972, § 19, 10-23-2012)

17.13.060 - Building height.

Maximum building height in an AG-4 district shall be:

A.

Two and one-half stories, but not to exceed thirty-five feet except as provided in subdivisions (B) and (C).

B.

Grain silos and other agricultural product storage and processing structures are limited to sixty feet.

C.

Non-commercial wind generators accessory to a permitted use are limited to eighty feet, except as provided in Section 17.13.030.

(Ord. No. 1972, § 19, 10-23-2012)

Minimum automobile parking in an AG-4 district shall be one space for each dwelling unit, and spaces for all vehicles clear of public streets and roads for other permitted uses.

(Ord. No. 1972, § 19, 10-23-2012)

Notwithstanding any other provision of this title, any use on land subject to a Williamson Act or Farmland Security Zone contract must be consistent with Government Code sections 51200 et seq. (the Williamson Act), the terms of the Williamson Act or Farmland Security Zone contract, and any compatible use rules or determinations heretofore or hereinafter adopted by the board of supervisors. Any application for a use permit pursuant to Government Code section 51238.1, subdivision (b), for a use otherwise permitted in an AG-4 district, must be approved by the board of supervisors.

(Ord. No. 1972, § 19, 10-23-2012)

Chapter 17.14 - RE RESIDENTIAL ESTATE DISTRICT

Sections:

17.14.010 - Purpose.

A.

The purpose of the RE, residential estate district classification is to implement the suburban residential designation or category of the development pattern and community organization element of the county general plan.

B.

The specific regulations set out in this chapter and the general rules set forth in Chapter 17.08 shall apply in all RE districts.

(Ord. 1228 §2(Ch. 13, Art. 1), 1983)

17.14.020 - Uses permitted.

Uses permitted in an RE district shall be as follows:

A.

One-family dwellings, including private garages, guest cottages, accessory buildings and uses, and home occupations;

B.

Crop and tree farming, grazing, non-commercial nurseries and greenhouses for the propagation of plants, but not including the raising of rabbits, dogs, fowl, or other animals for commercial purposes, or the sale of any products at retail on the premises;

C.

Private stables, provided such stable shall not be closer than twenty-five feet to any street or property line; one animal (horses, cattle, sheep, goats or pigs), maximum per one acre;

D.

Publicly-owned parks and playgrounds and public schools and buildings when placed in conformance with the general plan.

(Ord. 1683 §2(part), 1997; Ord. 1644 §1(part), 1995; Ord. 1228 §2(Ch. 13, Art. 2), 1983)

17.14.030 - Uses requiring use permits.

Uses requiring use permits in an RE district shall be as follows:

A.

Publicly-owned parks and playgrounds and public schools and buildings, except as noted in subsection D of Section 17.14.020;

B.

Sanitariums, rest homes, hospitals, churches, private schools, nursery schools and day-care centers;

C.

Golf courses and country clubs;

D.

Airports, helicopter ports, cemeteries.

(Ord. 1228 §2(Ch. 13, Art. 3), 1983)

17.14.040 - Minimum height, bulk and space requirements.

Minimum height, bulk and space requirements in an RE district shall be as follows: per the Uniform Building Code, as amended.

(Ord. 1683 §2(part), 1997)

17.14.050 - Yards.

Yard requirements in an RE district shall be as follows:

A.

Front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater;

B.

Side yards, six feet;

C.

Rear yard, twenty feet.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 13, Art. 4(part)), 1983)

17.14.060 - Lots.

Lot requirements in an RE district shall be as follows:

A.

The minimum lot area for lots is ten thousand five hundred square feet (one-quarter acre).

B.

Lot width, one hundred feet.

(Ord. 1228 §2(Ch. 13, Art. 4(part)), 1983)

17.14.070 - Building height and coverage.

Building requirements in an RE district shall be as follows:

A.

Building height limit, two and one-half stories, but not to exceed thirty-five feet;

B.

Maximum building coverage, forty percent of lot area.

(Ord. 1504 §1(part), 1991; Ord. 1228 §2(Ch. 13, Art. 4(part)), 1983)

17.14.080 - Parking.

Automobile parking in an R-E district shall be one space for each dwelling unit in residential buildings, and spaces for all vehicle parking, loading and unloading on the lot and clear of public streets and roads for other uses.

(Ord. 1228 §2(Ch. 13, Art. 4(part)), 1983)

Chapter 17.16 - R-1 ONE-FAMILY RESIDENCE DISTRICT

Sections:

17.16.010 - Purpose.

A.

The R-1, one-family residence district classification is intended to be applied in areas where topography, access, utilities and public services make the land suitable and desirable for single-family home development, and where the regulations of this classification will supply the necessary protection for such development. This district classification is consistent with the urban residential land use designation or

category of the development pattern and community organization element of the county general plan. This district classification is also consistent with the rural small lot and rural large lot land use designations with the application of the B combining district set out in Chapter 17.50 to restrict the maximum density to those permitted under the RS and RL classifications.

B.

The specific regulations set in this chapter and the general rules set forth in Chapter 17.08 shall apply in all R-1 districts.

(Ord. 1228 §2(Ch. 14, Art. 1), 1983)

17.16.020 - Uses permitted.

Uses permitted in an R-1 district shall be as follows:

A.

One-family dwellings, including private garages, accessory buildings and uses, and home occupations;

B.

Crop and tree farming, but not including commercial nurseries, or the raising of any animals other than ordinary household pets and not more than twelve hens or rabbits per lot;

C.

Publicly-owned parks and playgrounds, and public schools and buildings when placed in conformance with the general plan;

E.

The area rezoned from R1-A to R-1 in the map under this title shall not affect any uses permitted under R1A and not permitted under R-l, so long as the property continues under the same ownership providing the owner does not discontinue for a six-month period of time uses permitted under R1-A and not permitted under R-1 and further providing that any structures that may be necessary to continue uses under R1-A and prohibited under R-1 have not been destroyed or altered by fifty percent or more.

(Ord. 1683 §2(part), 1997; Ord. 1644 §1(part), 1995; Ord. 1228 §2(Ch. 14, Art. 2), 1983)

17.16.030 - Uses requiring use permits.

Uses requiring use permits in an R-1 district shall be as follows:

A.

Publicly-owned parks and playgrounds, and public schools and buildings, except as noted in subsection C of Section 17.16.020;

B.

Sanitariums, rest homes, hospitals, churches, private schools, nursery schools and daycare centers;

C.

Golf courses and country clubs; airports and cemeteries;

D.

Temporary stands for retail sales of agricultural products produced on the premises.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 14, Art. 3), 1983)

17.16.040 - Yards.

Yard requirements in an R-1 district shall be as follows:

A.

Minimum front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater;

B.

Minimum Side Yards. Side yards shall total not less than twenty percent of the lot width, and no side yard may be less than six feet; three feet shall be added to each required side yard for each story above the first story of any building; the side yard on the street side of each corner lot shall not be less than ten feet;

C.

Minimum rear yard, twenty feet.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 14, Art. 4(part)), 1983)