Chapter 17.88 RIGHT TO FARM

Chapter 17.88
RIGHT TO FARM

Sections:

17.88.010 Properly operated farm not a nuisance.

17.88.030 Notice to purchasers of real property.

17.88.010 Properly operated farm not a nuisance.

No agricultural operation conducted or maintained on commercial agricultural lands, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, due to any changed condition to a non-agricultural use in or about the locality. Proper and accepted customs and standards shall mean those followed on agricultural lands not adjacent to nonagricultural uses.

Consideration shall be given to providing adequate buffers to any nearby nonagricultural development at the site-planning stage. (Ord. 97-03 § 2 (part): prior code § 8-1-6007(A)(1))

17.88.020 Resolution of disputes.

A. Establishment of Grievance.

Any dispute or controversy regarding inconveniences or discomforts form agricultural operations and the interpretation and application of this chapter shall be resolved through the following procedure. Inquires should be submitted in writing to the city zoning administrator. The written grievance shall state in detail the basis for such a grievance and identify the properties and owner(s) involved. The party filing the written grievance shall provide a copy of the grievance to all other parties by certified mail within five working days of the date the grievance is filed.

B. Timetable for Submission of Grievance.

Any grievance shall be submitted in writing within thirty (30) days of the date of the occurrence of the particular activity giving rise to the controversy or of the date a party became aware of the occurrence.

C. Consideration of Grievance by the Zoning Administrator.

Upon receipt of a written grievance, the zoning administrator shall investigate the facts of the controversy, but must, within thirty (30) days, hold a meeting to consider the merits of the matter and within twenty (20) days after the meeting render a written decision to the parties. At the time of the meeting, both parties shall have an opportunity to present what each considers to be pertinent facts. No party bringing a complaint to the zoning officer for resolution may be represented by counsel unless the opposing party is also represented by counsel.

D. Appeals.

The planning commission shall have the power to hear and decide appeals based on the enforcement of this title, or the interpretation of the provisions thereof. Applications with the required fee for appeal shall be made in writing to the planning commission within fifteen (15) days. No further appeal of planning commission decisions will be considered. (Ord. 97-03 § 2 (part): prior code § 8-1-6007(A)(2))

17.88.030 Notice to purchasers of real property.

A. Requirement of Notice.

Upon any subdivision or later transfer of real property within five hundred (500) feet of agricultural land and annexed to the city after the establishment of this title, the party requesting subdivision or transfer shall give notice of this chapter to prospective transferees of the real property prior to the transfer as part of all disclosures required by law as authorized by Civil Code 1102.6a in the form set forth in Civil Code 1l02.6a. In addition, notice of this chapter shall be recorded with any deed, land sale, contract and lease of any property. The notice shall be in the form set forth in Section 17.16.040.

B. Description of Notice.

The notice described in above shall read as follows:

The city supports the operation of agricultural and related uses on lands within its city limits and urban limit line. To this end, the city has enacted regulations within its zoning ordinance which provides that properly conducted agricultural operations, or the discomforts arising from them, will not be deemed a nuisance. The ordinance further requires transferors of real property located within five hundred (500) feet of an agricultural operation to give notice of the ordinance and its provisions to transferees of the real property.

Accordingly, you are hereby notified that if the property in which you are acquiring an interest is located within five-hundred (500) feet of an agricultural operation, you may be subject to inconvenience or discomfort arising from such operations including, but not limited to: noise, odors, fumes, smoke, dust, traffic, the operation of machinery of any kind, the storage and disposal of manure, and the ground or aerial application of fertilizers, soil amendments, herbicides and pesticides. These operations may take place during any twenty-four (24) hour period.

If you live near or otherwise occupy property near agricultural lands, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a city with a strong agricultural heritage.

The city has established a grievance process to assist in the resolution of any dispute which might arise between residents and farmers living or operating in the city’s sphere of influence regarding agricultural operations. For information about this process or the location of agricultural lands and operations in relationship to your property, please contact the Winters community development department. (Ord. 97-03 § 2 (part): prior code § 8-1.6007(A)(3))