§ 1500-09-020. Food Processing, Agricultural and Recreation Combining District

A.

Purpose and Intent.

1.

The FPARC District is established to implement the goals and policies of the General Plan Amendment adopted concurrently herewith and is to be applied to those lands within the County of Sutter as described on the map below.

2.

This FPARC District provides an area where food processing and associated industries, together with appurtenant functions thereof, may locate outside the urban centers, and in close proximity to recreation and open space areas in a manner which minimizes adverse environmental impacts and protects and enhances agricultural productivity.

3.

The following use specific regulations as set forth in Articles 10 through 16, inclusive, shall apply in the FPARC District.

B.

Uses Permitted.

1.

Food and fiber processing plants and facilities, including food canneries, dehydrators, hulling operations, cleaning and processing operations, grain elevators, weighing and grading stations, feed processing operations, warehouses and other structures for the storage of agricultural products, seed processing facilities, animal and fiber processing operations, dairy processing operations, apiaries and honey extraction plants, fruit and vegetable processing and packing facilities, and any other or similar activity involving the storage, curing, processing, manufacturing, packaging, handling, packing, secondary reprocessing, conversion, compounding, shipping, and selling of agricultural products or by-products, as well as all facilities appurtenant and incidental thereto.

2.

Facilities for the generation of energy from processing, agricultural, or other wastes and by-products, as well as all appurtenances thereof.

3.

Disposal of liquid or solid wastes or by-products produced in conjunction with the operations permitted by this section. Such disposal may include irrigation of lands with process wastewaters, animal feeding or soil incorporation of process waste or by-products, and other disposal or reclamation processes or techniques.

4.

Publicly-owned parks and recreational areas and appurtenances thereto.

5.

Golf courses and country clubs, privately-operated parks, riding clubs and stables, gun clubs, resorts and recreational facilities.

6.

Structures and facilities appurtenant to recreational facilities.

7.

Private farm buildings, accessory and ancillary recreational buildings and uses.

8.

General farming, including all types of crop and tree farming commercial livestock, animal husbandry (not including a commercial kennel) and similar types of farming.

9.

One-family dwellings and accessory farm buildings of all kinds when occupied or used by the owner, tenant, or persons employed on the premises.

10.

Land leveling contracting, contract harvesting and agricultural services where the occupation is incidental and secondary to the use of the land for farming purposes.

11.

The use, storage, repair and maintenance of tractors, scrapers, land leveling and development equipment devoted primarily to agricultural uses where such activity is carried on in conjunction with a bona fide agricultural operation.

12.

Underground utility installations and above ground utility installations for local service, including communication equipment buildings, except that locations for communication equipment buildings, substations, generation plants, and gas holders must be approved by the Planning Commission prior to construction; the route of any proposed transmission line, other than any communication line, must be discussed in detail with the Planning Commission prior to acquisition.

13.

Gun clubs and accessory structures, including mobilehomes used in conjunction therewith, subject to the securing of a mobilehome permit and other permits required by the Building Inspector and Health Division. Mobilehomes shall also be subject to the Performance Standards and Zoning Clearance required by Section 1500-05-030(L) and Section 1500-25-030 of this Zoning Code.

14.

Nurseries.

15.

Rail and other transportation facilities.

16.

Other such uses as the Planning Commission may deem to be similar and not more obnoxious or detrimental to the public health, safety, and general welfare.

C.

Uses Requiring Use Permits.

1.

The sale, repair, servicing and storage of agricultural machinery, implements and equipment.

2.

The storage or sale of farm supplies of all kinds, including, but not limited to, fertilizers, agricultural minerals and insecticides.

3.

Commercial stock feeding yards, feed lots.

4.

Community auction and sales yards for sale of farm animals, products, implements, supplies and equipment.

5.

The development of natural resources together with the necessary building apparatuses and appurtenances incidental thereto.

6.

Churches, schools, day care centers.

7.

Truck yards, terminals or facilities engaged in the transportation of agricultural products, supplies and equipment including necessary maintenance, storage, repair and servicing of equipment.

8.

Retail, commercial and service establishments including restaurants, sporting goods stores, gasoline stations, and other similar retail and service establishments so long as such uses are necessary to serve the public in the food processing and recreation areas.

9.

Municipal or community wastewater or water treatment plants and facilities.

10.

Construction and material yards (except gravel, rock and cement material yards).

11.

Indoor assembly, processing, fabricating, treatment, manufacturing, repairing or packaging of goods that do not create noise, dust, odor, smoke, bright light, involve the handling of explosives or inflammable materials as a primary use, or otherwise creates offensive conditions at the property line and associated sales of these products.

12.

Outdoor assembly, processing, fabricating, treatment, manufacturing, repairing or packaging of goods that do not create noise, dust, odor, smoke, bright light, involve the handling of explosives or inflammable materials as a primary use, or otherwise creates offensive conditions at the property line and associated sales of these products.

13.

Offices and other ancillary facilities that are part of and clearly subordinate to the principal use as listed herein and located on the same site.

14.

Any permitted use referred to in Section 1500-09-20(B) which does not conform to the Special Restrictions set forth in Sections 1500-09-020(D) and 1500-09-020(E).

D.

Special Restrictions.

1.

Location of Plant Facilities. No plant or processing facility identified under Sections 1500-09-020(B)(1), (2), or 1500-09-020(C)(1), (2), (7), or (9) shall be located on any portions of the FPARC District which are situated north of South Butte Road or south of Highway 20; provided, however, that this restriction shall not prevent wastewater or solid waste disposal facilities, groundwater extraction plants, energy transmission facilities, or other facilities or activities ancillary to those uses from being located in said portions of the District.

2.

Proximity to Residences. No use described and restricted in Section 1500-09-020 D(1) above shall be established closer than two hundred feet from any residence.

3.

Minimum Lot Area. 1 acre.

4.

Maximum Lot Coverage. 50%.

5.

Process Wastewater and Solid Waste. Process wastewater and solid waste disposal shall comply with all Federal, State, and County water discharge, pollution control and health requirements.

6.

Processing Activities. All industrial agricultural processing, and energy generation facilities allowed by the FPARC District shall comply with Federal, State, and local air pollution and public health requirements.

7.

Access. Access shall be provided from the state highway or county roads and shall be subject to the state and local requirements.

8.

Minimum Front Yard. 100 feet.

9.

Minimum Side Yard. 50 feet.

10.

Minimum Rear Yard. 25 feet.

11.

Maximum Building Height. 150 feet

All of the foregoing standards shall be subject to variation or waiver pursuant to conditions established by use permit to be applied for and obtained where any such variation or waiver is desired.

E.

Special Restrictions Upon Open Space and Recreational Area. The following special restrictions shall be applicable to open space and recreational areas which are defined as those lands within the FPARC District situated north of South Butte Road and south of Highway 20:

1.

Structural Coverage. Improvements such as golf course clubhouses, recreational buildings, parking area and impervious surface shall not exceed 5% of the surface area of any recreational and open space parcel.

2.

Use of Area Not Covered by Structures. Area outside the 5% permitted pursuant to subsection 1 above shall not be improved with any structure other than temporary shelters, golf course cart paths, pumps, culverts and drains.

3.

Type of Uses. Uses shall be restricted to open space uses such as golf courses and recreational uses, agricultural uses, and undeveloped open space.

4.

Reclamation and Conservation. Permitted uses shall include disposal through irrigation and other disposal means of process wastewater generated by food processing uses, buffering of food processing uses and other ancillary uses which mitigate, screen or buffer the impacts and incidents of a food processing use.

5.

Maximum Building Height. 45 feet

All of the foregoing standards shall be subject to variation or waiver pursuant to conditions established by use permit to be applied for and obtained where any such variation or waiver is required.

Note: Section III of the Initiative Measure enacted by the voters of Sutter County at the November 2, 1982 general election provides the following:

III Repeal or Amendment

This Ordinance may not be amended or repealed except by a vote of the people; provided, however, that this Ordinance may be amended by the Board of Supervisors to authorize additional uses in the Food Processing, Agriculture, and Recreation Combining District provided for herein, and to make such changes in the General Plan and Zoning Code as may be necessary and appropriate in connection with such authorization of additional uses.

Figure 1500-09-1: FPARC District