The purpose of this section is to protect agricultural lands, agricultural operations, and agricultural resources throughout Colusa County from encroachment and conversion to urban uses and to protect the financial viability of agricultural operations. This section is also intended to protect residential land uses and other sensitive land uses (such as schools, day care facilities, and hospitals/medical facilities) from potential adverse effects, discomfort, and annoyance from adjacent agricultural operations. (Ord. No. 765 § 2 (Exh. A) (part))

44-5.10.010 Applicability.

A. This section applies to residential structures in all nonagricultural zoning classifications and to sensitive land uses, including, but not limited to, schools, day care facilities, residential care homes, medical offices, hospitals, and motels/hotels located within an agricultural buffer area. The agricultural buffer area is applied to the following areas of the county:

1. Lands within 500 feet of the following agricultural zoning classifications: Foothill Agriculture (F-A), Exclusive Agriculture (E-A), and Upland Conservation (U-C), as shown in Figure 44-5.10-1 (Agricultural Buffer Areas).

FIGURE 44-5.10-1: AGRICULTURAL BUFFER AREAS

B. This section does not apply to permitted residential uses in agricultural zoning classifications.

C. The agricultural buffer requirement shall apply to the parcel where the residential development or other sensitive land use is proposed. (Ord. No. 765 § 2 (Exh. A) (part))

44-5.10.020 Setback Requirements.

A. The setback distance for residential structures and sensitive land uses within an agricultural buffer area shall be a minimum of 300 feet from any property line that abuts an A-P, E-A, or U-C zoning classification and need not be greater than 500 feet. Exceptions to this setback requirement may be considered by the Director for parcels less than 800 feet deep.

B. Projects requesting a setback of less than 300 feet from a property line that abuts an A-P, E-A, or U-C zoning classification must demonstrate, to the satisfaction of the Director, that the proposed residential or sensitive land use would not present an impediment or detriment to the agricultural use or practices on the adjacent agricultural parcel(s).

1. In determining the appropriate distance for a setback requirement, the Director shall consider the following factors:

a. The topography of the land within the agricultural buffer area,

b. The existing and potential future agricultural operations on the adjacent agricultural parcel(s), and

c. The scale and intensity of the proposed residential or sensitive land use. (Ord. No. 765 § 2 (Exh. A) (part))

44-5.10.030 Permitted Uses within an Agricultural Buffer.

The following uses are permitted within an agricultural buffer setback area:

A. Greenbelts and naturalized habitat,

B. Drainage features,

C. Roadways and/or utility easements,

D. Parks with passive recreational features, including trails, bike paths, dog parks, and maintained open space areas,

1. Parks with active recreational features such as sports fields or playgrounds are not permitted,

E. Nonagricultural tree stands,

F. Landscape berms, and

G. Open space. (Ord. No. 765 § 2 (Exh. A) (part))