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43.1 ACCESSORY USES

(See also, Section 313-69.1, Accessory Structures)

43.1.1 Purpose. The purpose of these provisions is to specify the uses that are permitted as accessory to the permitted uses in the principal zones, and to establish the regulations that apply to the permitted accessory uses. (Former Section CZ#A314-2(A); Ord. 1623, Sec. 1, 12/13/83; amended by Ord. 1726, Sec. 1, 3/4/86)

43.1.2 Accessory Uses Encompassed By Principal Use. In addition to the principal uses expressly set forth in a use classification, each use classification shall be deemed to include such accessory uses as are specifically identified by these regulations, and such other accessory uses as are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. The Director shall determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director’s evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Where these regulations are unclear, a Special Permit may be submitted and processed to a decision for a proposed accessory use per Section 311-4 of this Code. (Former Section CZ#A314-2(B))

43.1.3 Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the principal uses within each use classification, except as otherwise expressly provided by these regulations. (Former Section CZ#A314-2(C); Ord. 519, Sec. 601, 5/11/65; Ord. 1662, Sec. l, 11/27/84)

43.1.4 Permitted Accessory Uses in All Zones. The following accessory uses shall be permitted in all zones, except as otherwise stated, and shall be subject to all other County permit requirements, including grading permits for grading projects: (Former Section CZ#A314-2(D))

43.1.4.1Grading, fill or excavation or major vegetation removal for the construction of any building or structure for which a necessary building permit has been issued. (Former Section CZ#A314-2(D)(4))

43.1.4.2Grading, fill or excavation which is all or part of a grading operation necessary to bring the contours of a proposed land subdivision to the grade shown on an approved tentative subdivision plan. (Former Section CZ#A314-2(D)(5))

43.1.4.3Excavation, grading or streambed skimming that is exempt from provisions of the Surface Mining and Reclamation Regulations and which is normally accessory to a principal permitted use type in the adopted zoning district. (Former Section CZ#A314-2(D)(6))

43.1.4.4Temporary accessory uses as permitted by the Temporary Use regulations in this Code. (Former Section CZ#A314-2(D)(7))

43.1.5 Permitted Residential Accessory Uses. The following accessory uses shall be permitted in residential zones: (Former Section CZ#A314-2(E))

43.1.5.1Family Day Care; (Former Section CZ#A314-2(E)(1))

43.1.5.2Community Care Facilities; (Former Section CZ#A314-2(E)(2))

43.1.5.3Home Occupations; (Former Section CZ#A314-2(E)(7))

43.1.5.4Animal keeping as permitted under the provisions of Section 313-43.3, Animal Keeping. (Former Section CZ#A314-2(E)(8))

43.1.6 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural zones: (Former Section CZ#A314-2(G))

43.1.6.1 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen feet (15') from any street or highway right-of-way. Roadside sales of agriculture products shall not be allowed on RA zoned parcels. (See also, Section 313-69.1, Accessory Structures.) (Former Section CZ#A314-2(G)(8))

43.1.6.2 Other Necessary and Customary Uses. Accessory uses in addition to those identified in this Section, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity, as determined by the Director. (Former Section CZ#A314-2(G)(10))

43.2 ALLOWED AGRICULTURAL ACTIVITIES NOT A NUISANCE (“RIGHT TO FARM ORDINANCE”)

43.2.1 Definitions. The following terms shall have the meaning established by this section and as defined in this Chapter. Section C: Index of Definitions of Language and Legal Terms. (From Section INL#316.2-1; Added by Ord. 1662. Sec 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec 1, 1/14/97)

43.2.1.1Agricultural Land

43.2.1.2Agricultural Operation

43.2.2 Findings and Policy.

43.2.2.1It is the declared policy of this County to enhance and encourage agricultural operations within the County. It is the intent of this County to provide to its residents notification of this County policy through adoption of this ordinance setting forth persons’ and/or entities’ right to farm. (From Section INL#316.2-2(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.2.2Where non-agricultural land uses extend into agricultural areas, or exist side by side, agricultural operations can be the subject of nuisance complaints by which the complainants seek to cease or curtail agricultural operations. Such actions discourage investments in farm improvements and act to the detriment of such adjacent agricultural uses, and the economic viability of the County’s agricultural industry as a whole. (From Section INL#316.2-2(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.2.3It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which existing and planned agricultural operations may be considered as a nuisance. This ordinance is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State Law relative to nuisances. Rather, it is intended to be utilized in the interpretation and enforcement of the provisions of this Code and other County regulations. (From Section INL#316.2-2(C); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.2.4An additional purpose of this ordinance is to promote a good neighbor policy between agricultural and non-agricultural property uses by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such agricultural uses, including but not limited to the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. (From Section INL#316.2-2(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97

43.2.3 Nuisance. No agricultural activity, operations, or facility or appurtenances thereof, conducted or maintained for any agricultural purpose in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to the Humboldt County Code after the same has been in operation for more than three years (3yr) if the activity was not a nuisance when it began. (From Section INL#316.2-3; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.4 Disclosure.

43.2.4.1Humboldt County is an agricultural county with many areas planned and zoned for agricultural operations. The presence of farms, ranches and timberland yields significant aesthetic and economic benefits to the health and welfare of the residents of the County. In accordance with the findings in subsection 43.2.2, this County’s agriculture must be protected, including in areas where it is near residential development. This is accomplished in part by the adoption of subsection 43.2.3, which provides that properly conducted agricultural operations will not be deemed a nuisance. (From Section INL#316.2-4(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.4.2This section further requires sellers of real property to give notice of this ordinance and its provisions to buyers of real property located in Humboldt County. The notice shall be in substantially the following form:

“You are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.”

(From Section INL#316.2-4(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.4.3The statement set forth in the foregoing subsection 313-43.2.4.2 shall be used under the following circumstances and in the following manners.

43.2.4.3.1Upon any transfer of real property or any portion thereof by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground sale lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection 313-43.2.4.2 shall be signed by the purchaser or lessee. (From Section INL#316.2-4(C)(1); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.4.3.2Upon the issuance of a discretionary development permit, including but not limited to subdivision approvals, Use Permits & Special Permits, for use on or adjacent to lands designated and/or zoned for agricultural operations, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in subsection 313-43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (From Section INL#316.2-4(C)(2 Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.4.4The disclosure statement as set forth in subsection 313-43.2.4.2, and required by this Chapter shall be made on a copy of, or attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property. In situations in which the Real Estate Disclosure statement set forth in Civil Code Section 1102 is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. A form for the notice is available from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (From Section INL#316.2-4(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance. (From Section INL#316.2-5; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.6 Precedence. This ordinance shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith, to the extent of the conflict and no more. (From Section INL#316.2-6; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.7 Mediation.

43.2.7.1It is suggested, and expected by the County and the Courts that an attempt to resolve any dispute which arises under or is governed by this Chapter of the Code be subjected to mediation or other attempt at dispute resolution by the parties. Such utilization of a mediation process shall be at the expense of the parties and shall be completed in a reasonable time frame before litigation may be pursued. This mediation process is not a mandatory prerequisite to pursuing alternative legal remedies. (From Section INL#316.2-7(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.7.2At a minimum, any party making a complaint alleging that an agricultural operation constitutes a nuisance, shall have informed the operator of the alleged nuisance as to the specific complaints of the party making the complaint. This process shall include, at a minimum the sending of a certified letter, containing the details of the complaint, and suggesting a proposed resolution of the problem which the complaining party perceives to exist. This requirement is a mandatory prerequisite to the filing of any civil action for nuisance. (From Section INL#316.2-7(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.8 Violation of the Disclosure Provisions of Subsection 313-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Subsection 313-43.2.4 shall be an infraction. The punishment for such a violation shall be subject to the maximum penalties set by State Law for an infraction (see, Penal Code Section 19c, or any successor provision thereto). The violation shall not be punished as a misdemeanor. (From Section INL#316.2-8; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.9Model Notice for Use in Complying with this Section:

(From Section INL#316.2-9; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

NOTICE AND ACKNOWLEDGMENT REGARDING AGRICULTURAL ACTIVITIES IN HUMBOLDT COUNTY

File Number___________________________________; Case Number:________________________________

This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code Section 313-43.2. The purpose of this notice is to inform owners and purchasers of real property that there may be an impact on their property from adjacent agricultural activities. For full information about the ordinance, please read the full text of Section 313-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 313-43.2.4:

You are hereby notified that, if the property you are purchasing or developing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.

Dated:________________________

______________________________
Signature of Seller(s)
(if property transfer)

______________________________
Print name(s)

Dated:__________________________

________________________________
Signature(s) of purchaser or
owner(s)/owners' representative

________________________________
Print name(s)

Please note that Section 313-43.2 of the County Code does not require recording this document. However, a seller of property may wish to record this document with other disclosure documents as proof of compliance with this Code section.

43.3 ANIMAL KEEPING

43.3.1 Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in residential zones (RM, R2 and RS) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (Former Section CZ#A314-3(A))

43.3.2 General Health Regulations. All animals must be kept in a manner so as not to constitute a private or public nuisance and must be afforded food and care in sanitary facilities. (Former Section CZ#A314-3(B))

43.3.3 Animals in Agriculture and Timber Zones. Nothing in this section shall limit the keeping of animals in agriculture and timber zones. (Former Section CZ#A314-3(C))

43.3.4 Domestic Animals in Residential Zones. Domestic animals may be kept as an accessory use in any residential zone where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section CZ#A314-3(D))

43.3.5 Minimum Lot Size and Animal Density Requirements. Animal keeping in RS, RM and R2 residential zones shall be limited according to the Animal Density Table. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it. (Former Section CZ#A314-3(E))

ANIMAL DENSITY TABLE

ANIMAL TYPE

MINIMUM LOT SIZE

MAXIMUM ANIMAL DENSITY

Large domestic bovine and equine animals

one (1) acre

Two animals plus one animal for each additional 20,000 square feet of lot area

Medium sized domestic animals, such as sheep, pigs, and goats

10,000 square feet

Two animals plus one animal for each additional 3,000 square feet of lot area

Small domestic animals such as rabbits and poultry(c)

5,000 square feet

Ten animals plus one animal for each additional 500 square feet of lot area

Household pets limited to dogs and cats(d)

No minimum

Four (4) dogs and/or four (4) cats per dwelling unit

(a)No animal other than those listed in this section may be kept without first securing a Special Permit.

(b)Permitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.

(c)No crowing rooster may be kept in any RS, RM or R2 zone.

(d)No limitations shall be placed upon household pets whose normal place of abode is within the dwelling units, such as caged birds, caged rodents, fish, reptiles and amphibia confined to aquaria and terraria.

(Former Section CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66)

43.3.6 Young Animal Substitution Schedule. The maximum animal densities permitted under subsection 43.3.5 may be modified by substituting young animals according to the following schedule: (Former Section CZ#A314-3(F))

YOUNG ANIMAL SUBSTITUTION SCHEDULE

ANIMAL TYPE

PERMITTED SUBSTITUTION

Large domestic animals including cows and horses

For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted.

Medium-sized domestic animals including sheep, pigs, and goats

For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted.

Small domestic animals including rabbits and poultry.

For each one (1) adult animal three (3) young animals less than three (3) months old may be substituted.

Household pets.

Not applicable; No limit on dogs or cats less than four (4) months old.

43.3.7 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in areas zoned residential shall have the minimum setbacks specified in the Animal Enclosure Setback Table. The Animal Enclosure Setback Table is incorporated into this section, and all references to this section shall include reference to it. (Former Section CZ#A314-3(G))

ANIMAL ENCLOSURE (a)SETBACK TABLE

ANIMAL ENCLOSURE LOCATION

LARGE DOMESTIC ANIMALS

MEDIUM DOMESTIC ANIMALS

SMALL DOMESTIC ANIMALS

Distance from Dwelling

50 feet

50 feet

25 feet

Distance from Front Lot Line

50 feet

50 feet

50 feet

Distance from Side Lot Line

20 feet

20 feet

10 feet

Distance from Rear Lot Line

20 feet

20 feet

10 feet

(a)Animal enclosure includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.

43.3.8 Animal Slaughtering. Killing or dressing of large and medium-sized animals as specified in Section 313-43.3.5 is prohibited in RS, R2 and RM zones. (Former Section CZ#A314-3(H))