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43.1 ACCESSORY USES

43.1.1Accessory uses as defined in this Code shall be permitted as appurtenant to any permitted use without the necessity of securing a Special Permit or Use Permit, unless particularly provided in this chapter, provided that no accessory building shall be erected and no accessory use shall be conducted on any property in any Unclassified (U) Zone where the General Plan designates the area for residential development or in any Residential (RS, R-1, R-2, R-3, R-4) Zone, unless and until the main building is erected and occupied, or until a Special Permit is secured. (Former Section INL#316-2; Ord. 1623 Sec. 1, 12/13/83; Amended by Ord. 1726, Sec. 1, 3/4/86)

43.1.2 Permitted Residential Accessory Uses.

43.1.2.1 Community Care Facilities. Community Care Facilities are a residential use of property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such uses are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter; “Family Day Care Home” and “Family Day Care Center”.) (Former Section INL#316-5.1; Added by Ord. 1842, Sec. 8, 8/16/88)

43.1.2.2 Family Day Care Center. A Family Day Care Center serving more than twelve (12) children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. A Conditional Use Permit shall be required to establish such uses in residential zones. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Home”.) (Former Section INL#316-5.2; Added by Ord. 1842 Sec. 9, 8/16/88)

43.1.2.3 Family Day Care Home. A Family Day Care Home serving twelve (12) or fewer children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such services are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Center”.) (Former Section INL#316-5.3; Added by Ord. 1842 Sec. 10, 8/16/88)

43.1.3 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (AG) Agriculture General, and (TPZ) Timber Production zones: (See also, Permitted Agricultural Accessory Structures, Section 314-69.1) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)

43.1.3.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)

43.1.3.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)

43.1.3.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)

43.1.3.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)

43.1.3.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)

43.1.3.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)

43.1.3.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures. (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)

43.1.3.8 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 (15) feet from any street or highway right-of-way. (Former Section INL#316-2.1(8); Added by Ord. 2189, Sec. 1, 2/9/99)

43.1.3.9 Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)

43.1.3.10 Other Necessary and Customary Uses. Accessory uses and structures in addition to those identified above, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity as determined by the Planning Director. Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceeding 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)

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. (Former 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; Amended by Ord. 2214, 6/6/00)

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. (Former 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. (Former 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. (Former 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. (Former 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 if the activity was not a nuisance when it began. (Former 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. (Former 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 the Humboldt County Community Development Services Department. 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.”

(Former 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 subsection 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 43.2.4.2 shall be signed by the purchaser or lessee. (Former 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 43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (Former 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 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 may be purchased from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (Former 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. (Former 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. (Former 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. (Former 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. (Former 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 314-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Section 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. (Former 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: (Former 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

Reference: AP No._________; and/or File No. & Application No.:_________

This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code (Section 314-43.2). 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 314-43.2, 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 314-43.2:

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 Humboldt County Community Development Services Department. 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 314-43.2 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 (RS, R-1, R-2, R-3, R-4) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (From Section CZ#A314-3(A); Added by Ord. 2214, 6/6/00)

43.3.2 Domestic Animals in Residential Zones. Adult domestic animals may be kept as an accessory use in any residential zone (RS, R-1, R-2, R-3, R-4) where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section INL#316-4(a); CZ#A314-3(C); Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)

43.3.3 Use Permit May Be Required. Keeping animals not listed in the following tables requires a Use Permit. (Former Section INL#316-4(a)(4))

43.3.4 Animal Density. Animal keeping in RS, R-1, R-2, R-3, and R-4 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 INL#316-4(a)(1-4); INL#316-4(f); CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)

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

RS - limit 8 animals

R-1, R-2 - limit 4 animals

R-3, R-4 - limit 2 animals

aNo animal other than those listed in this section may be kept without first securing a Special Permit.

bPermitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.

cNo crowing rooster may be kept in any RS, R-1, R-2, R-3, or R-4 zone.

dNo 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.

43.3.5 Young Domestic Animals Substitution Schedule. The maximum animal densities permitted under subsection 314-43.3.4, Animal Density, may be modified by substituting young animals according to the following schedule: (Former Section INL#316-4(c); CZ#A314-3(F); Amended by Ord. 2214, 6/6/00)

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.

43.3.6 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in residential zones (RS, R-1, R-2, R-3, R-4) shall have the minimum setbacks specified in the Animal Enclosure Table. (Former Section INL#316-4(b); CZ#A314-3(G); Amended by Ord. 2214, 6/6/00)

ANIMAL ENCLOSURE SETBACKS 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

Notes:

aAnimal enclosures includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.

bPoultry setbacks same as Medium Domestic Animals

cNo crowing rooster may be maintained in any residential zone (RS, R-1, R-2, R-3, R-4)

43.3.7 General Health Regulations. Animal keepers must maintain all shelters, coops, cages, runs, corrals and yards in a clean and sanitary condition. Certification by the Health Officer or Representative shall be prima facie evidence that the premises are in an unsanitary condition. (Former Section INL#316-4(d))

43.3.8Killing or dressing large or medium domestic animals on residential premises is prohibited. (Former Section INL#316-4(e))

43.3.9Nothing in this section shall limit the right of any agricultural use to keep animals as a principal or accessory use. (Former Section INL#316-4(g))

43.3.10Keeping animals in a manner that does not conform to this Code is a public nuisance. (Former Section INL#316-4(h); Ord. 528, Sec. 1, 10/5/65)