Susanville City Zoning Code
CHAPTER 17
72 EXCLUSIVE AGRICULTURAL AE-20 DISTRICT
§ 17.72.010 Purpose.
The AE-20 zone is an exclusive zone for intensive agricultural uses and for those uses which are a necessary and integral part of the agricultural operation. The purpose of this zone is to protect the general welfare of the agricultural community from encroachments of unrelated agricultural uses which, by their nature, would be injurious to the physical and economic well-being of the agricultural community. It is also the purpose of this zone to prevent or to minimize the negative interaction between various agricultural uses. A related purpose of this zone is to disperse intensive animal agricultural uses to avoid air, water, or land pollution otherwise resulting from compact distributions of such uses. This district and uses permitted is consistent with the resource conservation and agricultural residential general plan designations. The minimum parcel size permitted to be created in this zone is, with certain exceptions, 20 acres.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.72.020 Permitted uses.
No building or land shall be used, and no building shall be erected or structurally altered, except for the following uses:
One single-family residence or mobile home for the entire contiguous property owned by one person, firm, partnership or corporation or owned jointly by more than one person, firm, partnership, or corporation or any combination thereof. Such residence or mobile home shall be occupied only by an owner of the property and his or her family or a lessee of the property and his or her family;
In addition to the residence allowed under subsection A of this section, one additional residence or mobile home for each 20 acres in the entire property. Such additional residences and mobile homes shall be occupied only by relatives of the owner or lessee or by employees who work on the property. However, if the property is less than 20 acres in area and was of record at the time this zone became applicable to the property, one such residence or mobile home may be constructed and used as a dwelling by the persons designated herein above. In addition to the number of residences and mobile homes allowed under this subsection, additional residences and mobile homes for use by such relatives and employees may be allowed under the use permit procedures set forth in Sections 17.112.020— 17.112.040;
Incidental and accessory structures and uses including barns, stables, coops, tank houses, storage tanks, wind machines, windmills, silos and other farm buildings, private garages and carports, storehouses, garden structures, greenhouses, recreation rooms, and storage and use of petroleum products;
The growing and harvesting of fruit and nut trees, vines, vegetables, horticultural specialties and timber, but excluding the growing of mushrooms which requires a use permit under Sections 17.112.020—17.112.040;
The growing and harvesting of field crops, grain and bay crops, and the growing of grass for pasture and grazing;
The raising and slaughter of poultry up to a maximum of three birds for each 1,300 square feet in the entire property, and not to exceed a total of 100 birds in all, unless a use permit has been secured as provided in Sections 17.112.020—17.112.040;
The raising and slaughter of rabbits and other similar fur-bearing animals. The maximum number of mature animals allowed on any parcel shall not exceed 60 unless a use permit has been secured as provided in Sections 17.112.020—17.112.040. Any offspring of the animals allowed under this subsection may remain on the property until they reach the normal age of weaning;
The raising of sheep, goats, horses, mules, swine, bovine animals and other similar domesticated quadrupeds; the total number of such animals shall not exceed two mature animals for each acre in the entire property, and not to exceed a total of 25 animals in all, unless a use permit has been secured as provided in Sections 17.112.020— 17.112.040. Any offspring of the animals allowed under this subsection may remain until they reach the normal age for weaning;
Fish farming operations for the raising and harvesting of fish as a crop, but not including fishing clubs or fishing for the general public on a commercial basis;
Game preserve, private or public, but not including hunting clubs or hunting for members of the public on a commercial basis;
Agricultural service establishments primarily engaged in performing agricultural animal husbandry services or horticultural services to farmers;
Services to farmers or farm-related activities in planting, harvesting, storage, hauling and equipment repair and maintenance;
Plant nursery;
Sale of agricultural products including sale at roadside stands, if more than one-half of the retail value of the agricultural products offered for sale at any time has been produced on the property where the sale is conducted or on other property owned by the same person;
Signs which pertain only to a permitted use on the property on which the sign is situated or which pertain to the sale, lease or rental of the property or a structure of personal property located on the property. In addition, signs which are no larger than four square feet in area and which pertain to produce and marking associations and organizations with which the owner or lessee is affiliated are allowed;
The curing, processing, packaging, packing, storage and shipping of agricultural products except those particular operations, uses and structures specified in Section 17.72.060;
Open space uses, including, but not limited to, a scenic highway, corridor, wildlife habitat area, salt pond, managed wetland area or a submerged area, as defined as agricultural land by the Land Conservation Act of 1965, as amended; and
Greenhouses.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.72.030 Prohibition of subdivisions.
No subdivision, as that term is defined in Title 16 of the city code may be created within this zone.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.72.040 Divisions of land.
All real property, improved or unimproved, which is shown on the latest adopted county tax roll as a unit or as contiguous units and which is owned by the same person or persons, shall not be divided, after AE-20 zoning is applied to such property, except in compliance with this section. No such land may be divided for the purpose of sale, lease or financing, whether immediate or future, if any one parcel resulting from the division of land contains less than 20 acres; provided, however, that the following transactions are not subject to this restriction:
Any conveyance made or required by court decree and intestate or testamentary dispositions of land;
Any conveyance to the state of California, any city or county, any political subdivision of the state of California, or any public utility subject to regulation by the State Public Utilities Commission. However, this exception does not apply to conveyances to any of such entities, including the State Department of Veterans Affairs, which are financing transactions;
Any conveyance of easements or oil, gas and mineral rights;
If a portion of a parcel of property is separated from the main portion of the property by a river, railroad, improved public road or a canal which is regularly used for the conveyance of water and the channel of which is six feet or more in width, such portion of the parcel may be conveyed as a single unit even though it contains less than 20 acres;
If a person desires to convey a portion of his or her property to the owner of property contiguous to the property to be conveyed, he or she may do so even though the parcel being conveyed contains less than 20 acres. However, the parcel being retained shall contain at least 20 acres unless the transaction comes within one of the following provisions:
The conveyance to the contiguous owner is to convey property on which improvements, including growing improvements, owned by the contiguous owner have been constructed or planted in error,
The conveyance to the contiguous owner is to convey property to provide necessary yard areas as required for the zone in which the property is located,
If there is a residence or mobile home on the property to be retained by the person making the conveyance, he or she may retain the residence or mobile home with 12,500 square feet or more and convey the remainder of the property to the contiguous owner;
If a person desires to construct a residence on his or her property for use in compliance with the provisions of this section, one parcel of 12,500 square feet or more may be divided for the purpose of financing a residency. Once a person has divided one parcel from his or her property pursuant to this subsection, he or she may not at any time thereafter cause a second parcel to be divided from the property pursuant to this subsection. However, if a person who has created one parcel pursuant to this subsection, conveys part or all of his or her property, his or her successors in interest shall also have the right to create one parcel pursuant to this subsection if they meet all the requirements of this subsection;
If a person desires to sell his or her property but wishes to retain a parcel of land containing a residence or mobile home which has been established in accordance with all applicable building and zoning regulations and which has existed on that property for at least three years, one parcel of 12,500 square feet or more may be divided for this purpose; and
If a person desires to sell a residence, other than a mobile home, which has existed on the property for at least 10 years, and retain the balance of the property, a parcel of 12,500 square feet or more may be divided for this purpose. If there is more than one such residence on the property, there may be more than one division of land pursuant to this subsection.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.72.050 Variances.
Relief from the requirements may be granted by obtaining a variance.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.72.060 Use permits.
Because of considerations of the city's urban environment and the adverse effects of smoke, fumes, dust, odor and other hazards, regardless of the other provisions of this chapter, the establishment and operation of the following uses shall be permitted in this zone only if a use permit is first secured pursuant to the provisions of Sections 17.112.020— 17.112.040:
Agricultural chemicals, storage, handling and manufacturing;
Agricultural dehydrator with more than a combined total of 100 horsepower in all motors used;
Fuel processing plants;
Hunting and fishing clubs and hunting and fishing on a commercial basis for members of the general public;
Lumber processing and manufacturing;
Mushroom growing;
Raising of sheep, goats, horses, mules, swine, bovine animals and other similar domesticated quadrupeds when more than two mature animals for each acre in the entire property are on the property at any time;
Residences or mobile homes in excess of those allowed under Section 17.72.020(B), for use by the persons specified in Section 17.72.020(B);
Seed cleaning and treating plant;
Sewage treatment plant and disposal area;
Temporary landing of aircraft engaged in agricultural uses.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.72.070 Fences, walls and hedges.
Fences, walls and hedges shall be permitted. However, no solid fence, wall or hedge shall exceed three feet in height within the area contiguous to two intersecting streets which is described as follows: that area on the street side of diagonal line connecting points, measured from the intersection corner, 50 feet on a minor street side of the property and 70 feet on a major street side of the property.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.72.080 Yard requirements.
Front Yard. The minimum front yard shall be 25 feet except along those streets and highways where a greater setback is required by other ordinances of the city.
Rear Yard. The minimum rear yard shall be 25 feet except along those streets and highways where a greater setback is required by other ordinances of the city.
Side Yards. The minimum side yards shall be 10 feet except along dim streets and highways where a greater setback is required by other ordinances of the city.
Use. Required yard areas may be used for growing of agricultural crops.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.72.090 Height of structures.
Height of structures shall be not more than 50 feet to the uppermost part of the roof except that water tanks, silos, granaries, wind machines, barns and other agricultural accessory structures may exceed 50 feet in height provided they do not project into the landing or takeoff zone, or other restricted areas of an airport.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.72.100 Distance between structures.
The minimum distance between two structures used for human habitation shall be 20 feet. The minimum distance between a structure used for human habitation and a pen, coop, stable, barn, corral or other structure housing livestock or poultry shall be 75 feet. When structures are in existence at the time that AE-20 zoning is applied to the property which do not comply with the minimum distances set forth in this section, such structures may be structurally altered and additions made to such structures so long as the distance between the structures is not reduced.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)