1. A-1 General Agriculture Zone. The purpose of the General Agricultural Zone (A-1) is to provide for areas for intensive farming operations dependent on higher quality soils, water availability, relatively flat topography, and agricultural commercial and/or industrial uses dependent on proximity to urban areas or location in sparsely populated low traffic areas. Parcels smaller than 40 acres down to a minimum of 20 acres may be approved where consistent with surrounding parcel sizes. This zone implements the Agriculture (A), Agriculture  Residential (AR), and Urban Reserve (UR) land use designations in the General Plan.
2. A-1-40 General Agriculture Zone. The purpose of the General Agricultural Zone (A-1-40) is to provide areas where a 40-acre minimum parcel size facilitates the widest variety of farming operations including agricultural commercial/industrial uses which are dependent on medium- to high-quality soils, water availability,​​​​​​​ and larger parcel sizes separated from urban areas. This zone implements the Agriculture (A), Agriculture​​​​​​​ Residential (A​​​​​​​R), and Urban Reserve (UR) land use designations in the General Plan.
3. A-2 Exclusive General Agriculture Zone. The purpose of the Exclusive Agricultural Zone (A-2) is to provide for areas with considerably expanded agricultural enterprises, due mainly to the requirement of large parcels which are more economically suitable to support farming activities. The 160-acre minimum parcel size facilitates farming and ranching operations and a variety of open space functions that are typically less dependent on soil quality and are often connected more with foothill and wetlands locations; grazing and pasture land; and wildlife habitat and recreational areas. This zone implements the Agriculture (A), Agriculture​​​​​​​ Residential (A​​​​​​​R), Foothill Pasture (FP), ​​​​​​​and Urban Reserve (UR) land use designations in the General Plan.​​​​​​​

(Ord. No. 1976, 2019)

Figure 2-1: Windshed Diagram

(Ord. No. 1976, 2019; Ord. No. 1990, 2020)

1. Table 2-2 Agricultural Zone Development Standards. The intent of the agricultural zone development standards table is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the agricultural zones. The table also indicates where additional site and structure requirements, including, but not limited to, off-street parking, landscaping, signing, fences and obstructions, and performance standards, apply to agricultural zones.
2. Increase in Setbacks Use Permits. The setbacks listed below may be increased for those uses requiring an Administrative or Conditional Use Permit when it is determined by the Commission or Director, as applicable, that additional setbacks are necessary to make the use compatible with surrounding properties and uses.
3. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for Merced County" and referred to in this Zoning Code as the Zoning Map. Any additional maps (e.g., setback map) adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and development laws. Changes in the boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments).

4. Subdivision Findings. Before any subdivision may be approved, the following findings shall be made:
   1. The proposed division is consistent with the General Plan Land Use, Agriculture, and Natural Resources/Conservation elements, and this Zoning Code;
   2. The proposed division shall not harm agricultural productivity or permanently remove property from cultivation;
   3. If the proposed division involves land not in agricultural use, then open space and/or wildlife areas shall be recognized as a priority to the County and preserved; and,
   4. Proposed parcel sizes less than 40 acres are consistent with the surrounding average parcel size within a radius of one-half mile.
5. Agricultural Setback Requirement for Created Parcels.
   1. For agriculturally zoned parcels, with any existing habitable structure, any parcel resulting from division or adjustment shall have the boundaries of the parcel located so as to provide a physical separation of 200 feet, as measured from any existing habitable structure to any abutting parcels used for Agricultural Production. "Agricultural Production," as used herein, means either an existing agricultural operation or an agricultural operation that would be a reasonably anticipated use. Exception to agricultural setback requirements may be permitted with approval of a variance, in compliance with Chapter 18.126 (Variances and Minor Deviations).
6. Minimum Parcel Size Exceptions. No agriculturally zoned land may be divided or have the boundaries thereof adjusted for the purposes of sale, lease, or financing, whether immediate or future, if any parcel resulting from the division or adjustment contains less than 20 acres in the A-1 zone, less than 40 acres in the A-1-40 zone, and/or less than 160 acres in the A-2 zone as measured from the center of any abutting roadway, waterway, railroad, or other public rights-of-way forming a boundary line of the parcel, unless at least one of the following exceptions apply: 
   1. When the parcel is used as a security instrument for financing an agricultural operation or construction of a single-family dwelling subject to the following criteria:
      1. The parcel before division is not less than 20 gross acres in the A-1 zone, or not less than 40 gross acres in the A-1-40 and A-2 zones, the new parcel, together with the remaining acreage, shall not be separately conveyed without meeting the minimum parcel size of the zone, except for the purposes mentioned above, unless the division occurs by judicial foreclosure, trustee’s sale, or other legal proceedings which discharge the lien of the security instrument.
      2. When the parcel is used for financing a single-family dwelling, the parcel size shall be at least one net acre and not more than five net acres in size, be identified by the County Division of  Environmental Health as adequate for an on-site waste disposal system, and at least one of the following conditions exists:
         1. The parcel is to be created by the conveyance of a security instrument to finance a single-family dwelling to be occupied by the parcel owner; or,
         2. The parcel or parcels to be created are intended as a conveyance exclusively for use by a member of the parcel owner's immediate family; there is only one parcel per related person, or per related married couple, and there is no more than one parcel per each 20 gross acres in the A-1 zone or 40 gross acres in the A-1-40 and A-2 zones.
      3.  When the parcel is used for financing an agricultural operation the parcel size shall be at least one net acre in size and certified by the County Division of Environmental Health as adequate for an on-site waste disposal system.
   2. When a Boundary Adjustment (Property Line Adjustment) meets all the following conditions:
      1. The parcels are not part of an "antiquated subdivision" as defined in County Code Chapter 2.52, Section 2.52.015, except for an adjustment between two parcels;

         1. For any boundary adjustment involving parcels in an antiquated subdivision, all adjusted parcels must meet the minimum area requirement unless a Variance is granted in compliance with Chapter 18.126 (Variances and Minor Deviations) as part of a merger and re-subdivision approval in compliance with Section 17.04.074 of the County Code (Subdivision).

         2. A subsequent property line adjustment on the same parcels as adjusted previously of an “antiquated subdivision” in the A-1 zone within a two-year period shall be prohibited.

      2. At least one of the parcels does not meet the minimum parcel size requirement prior to the adjustment; and,
      3. The adjustment does not result in an increase in the number of nonconforming parcels that existed prior to the adjustment.
   3.  The parcel is developed by a utility or quasi-utility for a television or radio antenna, electric substation, power generation plant, or other use determined by the Commission and the Board to be similar, subject to all the following terms and conditions:
      1. On-site construction complies with all applicable Federal, State, and local regulations.
      2. A permit has been approved by the County for the proposed uses.
      3. The following provisions apply, appear on the parcel map, and be duly recorded in the public records of the County prior to any improvements of the subject parcel:
         1. No residential uses are permitted;
         2. In the event the use for which the parcel division was approved no longer exists on the parcel, the title to the parcel reverts to the original transferor, or if the original transferor no longer owns the parcel from which the subsequent parcel was acquired, to the transferor's heirs, successors, or assigns;
         3. Within one year of the termination of use, the parcel shall be sold to an adjoining parcel owner and combined with the adjoining parcel of record through recordation of a Voluntary Notice of Merger by the County; and,
         4. The parcel which is subject to division in compliance with this Subsection is not entitled to any Variance as provided for in Government Code Section 65906. The owner waives any right to apply for a Variance for the subject parcel.

   4. The parcel is developed as an airstrip approved by the County for use only by aircraft engaged in agricultural-related operations, subject to all the following terms and conditions:

      1. On-site construction complies with all applicable Federal, State, and local regulations.

      2. The following provisions apply, appear on the parcel map, and be duly recorded in the public records of the County prior to any additional improvements of the subject parcel:

         1. The parcel which is subject to division may be used for growing crops and an agricultural airstrip, including related accessory structures. In addition, one single-family dwelling (a minimum of 400 square feet in size) for occupancy by a caretaker or watchman may be allowed as otherwise provided in this Zoning Code. No other uses are permitted on the parcel;

         2. In the event the property is at a later date combined with an adjacent property by recorded parcel map or recorded subdivision map which results in parcels that meet all of the minimum requirements for parcel area, width and depth for the zone existing at the time the map is recorded, then the property may be used for any use allowed in the zone;

         3. The parcel which is subject to division in compliance with this Subsection is not entitled to any Variance as provided for in Government Code Section 65906. The owner waives any right to apply for a Variance for the subject parcel;

         4. In the event the use for which the parcel division was approved no longer exists on the parcel, the title to the parcel reverts to the original transferor, or if the original transferor no longer owns the parcel from which the subsequent parcel was acquired, to the transferor's heirs, successors, or assigns; or

         5. Within one year of the termination of use, the parcel shall be sold to an adjoining property owner and combined with the adjoining parcel of record through recordation of a Voluntary Notice of Merger by the County.

   5. When the parcel owner desires to retain a dwelling, which has existed on the parcel for at least 10 years, the parcel owner may divide off the parcel containing the dwelling when all the following conditions are met:

      1. The portion of the parcel which does not contain the dwelling is combined with an abutting parcel.

      2. The parcel containing the dwelling shall not be less than one net acre and not more than five net acres in size and has a minimum 150 feet of frontage on a public road; and,

      3. The dwelling which is to be retained must have been lived in by the parcel owner for at least 10 years;

(Ord. No. 1976, 2019; Ord. No. 1990, 2020)

1. Agricultural Processing Plants. The Director may determine that a Conditional Use Permit is necessary if it appears the facility may be controversial.
2. Agricultural Equipment Maintenance and Storage. Allowed only in bonafide agricultural operations by the owner and/or property lessee on the premises.
3. Agricultural Products, Storage Plants, and Yards. The facilities may include grain elevators, hay and hay products storage facilities, fruit, grain, and bean storage and drying. Accessory storage of materials for on-site is permitted and includes, but is not limited to, rock, gravel, and sand.
4. Agricultural/Historical Museums. Food facilities are not allowed.
5. Temporary Airport/Airstrip (Public or Private). Temporary airstrip for aircraft engaged in agricultural uses. Aircraft parking allowed on a temporary basis not to exceed six months per year.
6. Fertilizer/Manure Storage Yards. A Conditional Use Permit is required if the sludge from sewer treatment plants is to be stored on-site for more than 24 hours.
7. Game Preserve (Private or Public). Hunting clubs and commercial hunting is prohibited.
8. Marinas, Boat Docks, Launches. A Conditional Use Permit may be required at the discretion of the Director.
9. Nursery/Greenhouse. Includes the sale of plants, flowers, herbs, and fruit and vegetable produce where at least one half of retail value of the produce is grown on-site or on other property under the same ownership.
10. Produce Stand. The seasonal sale of produce that must be entirely grown on-site.
11. Produce Market. Sale of produce where at least one-half of retail value of the produce must be grown on-site or other property under the same ownership.
12. Recreational Areas (Private). Commercial uses and facilities, including but not limited to, recreational vehicle parks, country clubs and ancillary restaurant and support facilities, golf courses, golf driving ranges, and other similar facilities. Facilities for which the principle use is enclosed in a structure (i.e., a bowling alley) are prohibited.
13. Setbacks.
    1. Agricultural Setback Requirement for Residential Uses. New residential dwellings and/or other habitable structure shall be setback so as to provide a physical separation of 200 feet, as measured from the dwelling or other habitable structure to any abutting parcels used for agricultural production. "Agricultural Production," as used herein, means either an existing agricultural operation or an agricultural operation that would be a reasonably anticipated use. The agricultural setback may include roads, parking, trails, creeks, canals, and landscape features.
       1. Exception to Agricultural Setback Requirement.
          1. (1)The Director may approve an exception to the required Agricultural Setback Requirement for residential uses, when a new dwelling, or habitable structure, is proposed on an existing agriculturally zoned parcel whose width and/or length is such that it is physically impossible to provide the required 200 foot agricultural setback to all abutting parcels used for agricultural production. An exception to allow a reduction in the required agricultural setback where it is physically impossible to provide the entire 200 foot setback due to parcel width or depth may be granted if the proposed project meets the following conditions:
             1. (a)The proposed project consists of a single new dwelling or habitable structure that shall be situated in a location that provides for the fullest possible compliance with the Agricultural Setback, and the project meets either condition i. or ii., below:
                1. There is one or more dwelling or other habitable structures already located on the parcel, and the new dwelling or habitable structure is located as close to the existing dwellings or habitable structures as permitted under the California Building Code; or
                2. When there are no existing dwellings or habitable structures on the subject parcel, but there is one or more dwellings or other habitable structures that are located on adjacent parcels, and the new dwelling or habitable structure is located as close to the existing dwellings or habitable structures as is permitted under the required agricultural side yard setback with the Building Code.
          2. (2)The Director may approve an exception to the required Agricultural Setback Requirement when a proposed subdivision would create a new property line between two existing dwelling units, and the distance between those dwelling units would not allow for either dwelling to meet the agricultural setback requirement.
          3. (3)Additionally, an exception to agricultural setback requirements may be permitted with the approval of a Variance granted in accordance with Chapter 18.126 (Variances and Minor Deviations) of this Code.
    2. Animal Confinement Facility Setbacks. Setbacks from operational animal confinement facilities shall conform with the setbacks set forth in Chapter 18.64 (Animal Confinement Facilities).
    3. Front. Setback is measured from existing or adopted street right-of-way line (ultimate width of existing street).
    4. Side (Interior Parcel). Accessory structures may be located not less than five feet from any interior side parcel line or rear parcel line provided they are located at least 20 feet from the front property line. Animal pens enclosing animals or fowl may be located on the property line, except that these structures shall be at least 50 feet from any off-site dwellings. Livestock may be pastured upon irrigated pasture within the above-mentioned setbacks and the keeping of fowl shall be conducted in compliance with County Code Chapter 7.08.
    5. Side (Corner Parcel). Setback applies only for the side fronting the street.
14. Single-Family Homes.
    1. New Single-Family Homes. A Conditional Use Permit is required to construct a new single-family home or employee housing, residential (with six residents or less) on any parcel created after December 10, 2013.
    2. Tiny homes.  Tiny homes shall be considered single-family dwellings and shall be placed on a permanent foundation system.
15. Storage Yards (Rock, Sand, and Gravel). Agricultural products are prohibited. For storage yards accessory to agricultural operations see “Agricultural Products, Storage Plants, and Yards.”
16. Transportation, Equipment Yards. Equipment Yards are not allowed on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. 
17. Truck Parking. Unlimited number for use in bonafide agricultural operations on the same property and owned by the property occupant or property owner; or a single truck with no more than two trailers owned and operated by an occupant and used in any allowed business on or off site. A minimum parcel size of one acre is required. Outside repair of vehicles is prohibited.
18. Wineries, Distilleries, and Breweries.
    1. Wineries. Majority of produce grown on-site or on other property must be under same ownership. Allowable accessory uses to wineries include tasting rooms, outdoor picnic areas, and accessory retail of winery related products. Tasting rooms shall be part of the principal use if the floor area used for the tasting room is less than or equal to 25 percent of the total floor area of the facility.
    2. Distilleries. Distilleries may include a tasting room as part of the principal use if the floor area used for the tasting room is less than or equal to 25 percent of the total floor area of the facility.
    3. Breweries. Breweries may include a tasting or tap room as part of the principal use if the floor area used for the tap room is less than or equal to 25 percent of the total floor area of the facility.

(Ord. No. 1976, 2019; Ord. No. 1990, 2020; Ord. No. 1997, 2020)