Beaver City Zoning Code

Due to historical development patterns, certain areas of the City are distinguished by small parcels characterized by a mixture of heavy agricultural and residential uses, which in most cases are segregated under standard zoning districts, with heavy agricultural uses requiring much larger parcel sizes. In many cases, the continuation of a mixture of these uses will serve both the public interest and allow a more equitable balancing of private interest than would the utilization of a standard zoning district. Because of the variety of circumstances which exist in different areas of the City, it is not possible to establish a zoning district with uniform listing of uses and standards which is applicable to all such areas. Therefore, the Agricultural Overlay District is intended to provide procedures and criteria for recognition of such areas and for the development of standards governing each application of the District to a particular area. It is further intended that the Agriculture Overlay District be very selectively used. The overall purpose of the District will be to stimulate agricultural uses and make available agricultural use incentives such as preferential assessment or taxation and preferential densities, and to protect the property from encroachment by nuisance uses. The Agricultural Overlay District classification will be applicable to all property currently employed in agricultural use.

HISTORY:

Ord. 41, 9-27-1994

Before any area is designated as an Agricultural Overlay District, the City Council shall make affirmative findings that:

1. The area to be classified as an Agricultural Overlay District includes the approximate equivalent of at least one standard City block.
2. A special study of the area has been completed showing how the proposed Agricultural Overlay District would be integrated with the surrounding area consistent with the objectives of the General Plan and other applicable policies adopted by the City.
3. The existing development has occurred over a period of years and is characterized by a mixture of uses not permissible under a single zoning classification and includes a representative sampling of uses in the immediate area.
4. None of the standard zoning districts are capable of or suitable for promoting the objectives of the General Plan applicable to pre-existing nonconforming uses.
5. The uses to be permitted within the Agricultural Overlay District will be compatible with one another and will provide a functional and healthful environment.
6. The uses to be permitted and the development standards to be applied in the proposed district will promote the objectives of the General Plan and other applicable policies adopted by the City. 

HISTORY:

Ord. 41, 9-27-1994

1. Specified: Because the Agricultural Overlay District is designed to be applied to diverse situations, the specific mixture of uses permitted and the development standards required will have to be specified for each application of the District to a particular area. Therefore, the ordinance applying the Agricultural District to a specific area shall contain the following elements:
2. A description and purpose section setting forth the specific purposes the District is intended to accomplish in the particular situation.
3. A use section setting forth the activities or categories of activities to be permitted, or the performance standards to be used in evaluating specific activities. This section shall govern the uses within a particular agricultural district.
4. A standards section setting forth general development standards governing parking, coverage, setbacks, height limitations and other factors which are either different than or supplemental to the normal standards of this Title.
5. Exemption: When an area has been classified as an agricultural district, the general building and development standards set forth in this Title shall govern, but not to the extent the special development standards set forth under this Section cannot prevail.

HISTORY:

Ord. 41, 9-27-1994; amd. 2000 Code

Premises in the Agricultural Zoning District are all subject to the conditional use process:

1. The following conditional uses; provided, that all buildings or structures shall be located not less than fifty feet (50') from any street, highway or building used for human habitation:
2. Animal hospitals.
3. Animal raising, including such animals as poultry, fowl, birds, rabbits, chinchilla, nutria, mice, frogs, fish, bees, earthworms and other similar animals of a comparable nature, form and size, including hatching, fattening, marketing, sale, slaughter, dressing, processing and packing, including eggs, honey or similar products derived therefrom.
4. Animal training schools.
5. Kennels, dog and cat.
6. Veterinary offices.
7. Single-family dwelling.
8. Grazing of animals until supplemental feeding occurs.
9. Tilling of the soil.
10. Raising crops, gardening, orchards, vineyards.
11. Raising of cattle, sheep, goats and horses, subject to the following formulas:

1. The following conditional uses:
2. Camp, youth.
3. Campgrounds, picnic areas, trails with overnight camping facilities, including fishermen's and hunter's camps, but not including structures for permanent human occupancy.
4. Crops, field, tree, bush, berry and row, including nursery stock, the growing of.
5. Dwellings, one-family.
6. Electric distribution and electric transmission substations, including microwave facilities in conjunction therewith, provided such use is not established within one thousand five hundred feet (1,500') of any public building, park, school or residential zone.
7. Mushroom farms.
8. Parking lots as a supplemental use on lots or parcels of land adjoining or across an alley from any commercial or manufacturing zone.
9. The following additional conditional uses on a lot or parcel of land having an area of not less than five (5) acres:
10. Breeding farms for the selective or experimental breeding of cattle, sheep or horses, or the raising and training of horses or show cattle and sheep.
11. Community auction grounds, exclusively for the sale of agricultural products.
12. Livestock sales yards.
13. Logging operations, involving only the actual controlled cutting and removing of trees with no sawmill operations.
14. Raising of cattle, sheep, goats and horses.
15. Riding academies and stables with boarding or horses.
16. The following additional conditional uses on a lot or parcel of land having an area of not less than ten (10) acres:
17. Dairies, including the processing and sale of dairy products from milk lawfully produced on the premises.
18. Livestock feed yards.
19. Manure, the spreading, drying and sale of, providing no shaking or pulverizing machinery is used in connection therewith.
20. Other similar uses which the City Council finds to fall within the intent and purpose of this Zone, will not be more obnoxious or materially detrimental to the public welfare or to property in the vicinity of said uses, and which the Commission finds to be of a comparable nature and of the same class as the uses enumerated in this Section.

HISTORY:

Ord. 41, 9-27-1994