§ 24-84. Exceptions to agricultural buffer setback.

A.

Eligibility. Any project applicant may request an adjustment to the three hundred (300) foot agricultural buffer setback requirement through an Unusual Circumstances Review, as described below.

B.

Review Authority.

1.

A request for Unusual Circumstance Review submitted for concurrent review with a ministerial permit application shall be reviewed by the Zoning Administrator.

2.

A request for Unusual Circumstance Review submitted for concurrent review with a discretionary permit application shall be reviewed by the authority reviewing the discretionary permit application.

C.

Application Submittal. An application for an Unusual Circumstances Review shall be filed and reviewed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services Buffer Guidelines for Unusual Circumstances Review applications, together with the fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F (Criteria for Decision).

D.

Consultation with Agricultural Commissioner. The Zoning Administrator shall consult with the Agricultural Commissioner prior to taking action on an Unusual Circumstances Review or prior to forwarding a recommendation on an Unusual Circumstances Review to the Planning Commission or Board of Supervisors.

E.

Public Hearing.

1.

Public notice and hearing for an Unusual Circumstances Review associated with discretionary permits and approvals shall be provided in compliance with Article VI, Division 2 (Public Notice and Hearings).

2.

No public notice or hearing is required for Unusual Circumstances Reviews associated with ministerial permits.

F.

Criteria for Decision. The review authority may approve an adjustment to the required setback only if the following findings can be made:

1.

The adjustment will not result in a modification to adjacent agricultural practices.

2.

Unusual circumstances are present on the subject properties or surrounding properties that render the three hundred (300) foot setback requirement infeasible or unnecessary. Unusual circumstances include, but are not limited to, parcel size and shape, the location of existing residences, infrastructure and other existing uses, and natural physical features and topography.

3.

The proposed dwelling is placed the greatest distance possible from all property lines abutting an agriculture zone or other location that presents the least detriment to agricultural practices on adjacent properties.

4.

The location of the proposed residence does not interfere with easements, septic systems, or prior conditions of approval applicable to the subject property.

G.

Buffer Guidelines. Agricultural Buffer Guidelines as adopted by the Board of Supervisors on December 16, 2008 (Butte County Resolution # 08-166 and as amended) shall be utilized as a guide in evaluating the proper agricultural buffer and in rendering determinations on requested adjustments to the required setback.

H.

Post-Decision Procedures. The procedures and requirements relating to notices of decision, appeals (Article VI, Division 3 (Appeals and Calls for Review)), effective dates, permit expiration, permit revocation, and changed plans shall apply to Unusual Circumstance Reviews as provided in Article V, Division 8 (Post-Decision Procedures and Section 24-234 (Post-Decision Procedures)).

I.

Agricultural Worker Housing Center. Within Agriculture zones, Agricultural Worker Housing Centers, as defined under this chapter, shall not be subject to the Agricultural Buffer Setback.

(Ord. No. 4062, § 1, 9-10-13)