Chapter 9.22 — Agricultural and Resource Zoning Districts

Sections:

9.22.010 - Purpose

9.22.020 - Purposes of the Agricultural and Resource Zoning Districts

9.22.030 - Agricultural and Resource District Allowable Land Uses

9.22.040 - Agricultural and Resource District Parcel and Density Standards

9.22.050 - Agricultural and Resource District Site Planning and Building Standards

9.22.060 Agricultural and Resource District Land Use Limitations

9.22.070 - Agricultural and Resource Special Considerations

9.22.010 Purpose ¶

This Chapter lists the land uses that may be allowed within the agricultural and resource zoning districts established by Section 9.12.020 (Zoning Map and Zoning Districts), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

9.22.020 Purposes of the Agricultural and Resource Zoning Districts ¶

The purposes of the individual agricultural and resource zoning districts and the manner in which they are applied are as follows.

A. AE (Agriculture Exclusive) district. The AE zoning district is applied to areas appropriate for agricultural uses such as horticulture and crop production, orchards, nurseries, vineyards, and livestock grazing, where the City intends that the land be preserved for agricultural production, and where residential use is accessory to agricultural production. The AE zoning district is consistent with and implements the Agriculture Exclusive land use classification of the General Plan.

B. AR (Agriculture Residential) district. The AR zoning district is applied to areas of agricultural lands that are also appropriate for very low density residential uses. The AR zoning district is consistent with and implements the Agriculture Residential land use classification of the General Plan.

C. NR (Natural Resource) district. The NR zoning district is applied to public or private lands where the protection of unique and/or sensitive natural resources, or the managed production of resources are the City’s primary objectives. The NR district is separated into two sub-districts: Timber Production (NR-TP), and Public Trust (NR-PT). The NR zoning district is consistent with and implements the Natural Resource land use classification of the General Plan.

9.22.030 Agricultural and Resource District Allowable Land Uses ¶

A. Allowable uses and planning permit requirements. Table 2-1 identifies the uses of land allowed by this Land Use Code in each agricultural and resource zoning district, and the planning permit required to establish each use, in compliance with Section 9.20.030 (Allowable Land Uses and Permit Requirements).

B. Diked and former tidelands. Land uses proposed on diked or otherwise reclaimed former tidelands are also subject to the limitations in Section 9.22.060 (Agricultural and Resource District Land Use Limitations) and the City’s LCP.

C. Additional City approval requirements. Any land use identified as allowable by Table 2-1 may require Design Review (Section 9.72.040), a Coastal Permit (Section 9.72.030), and/or a building permit in compliance with the Municipal Code, in addition to the planning permit required by Table 2-1.

D. Standards for specific land uses. Where the last column in the table ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Land Use Code may also apply.

TABLE 2-1 Allowed Land Uses and Permit Requirements for Agricultural and Resource Zoning Districts	TABLE 2-1 Allowed Land Uses and Permit Requirements for Agricultural and Resource Zoning Districts	TABLE 2-1 Allowed Land Uses and Permit Requirements for Agricultural and Resource Zoning Districts	TABLE 2-1 Allowed Land Uses and Permit Requirements for Agricultural and Resource Zoning Districts	TABLE 2-1 Allowed Land Uses and Permit Requirements for Agricultural and Resource Zoning Districts	P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit determined by specific use regulations Use not allowed	P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit determined by specific use regulations Use not allowed	P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit determined by specific use regulations Use not allowed	P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit determined by specific use regulations Use not allowed	P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit determined by specific use regulations Use not allowed
	LAND USE (1)				PERMIT REQUIRED BY DISTRICT				Specific Use Regulations
					AE	AR	NR-TP	NR-PT
AGRICULTURAL & OPEN SPACE USES
Agricultural accessory structure, 4,000 sf or less					P	MUP	MUP	MUP	9.22.060, 9.42.030
Agricultural accessory structure,larger than4,000 sf					MUP	MUP	MUP	MUP
Agricultural		cultivation - Cannabis			—	—	—	—	9.42.105
Agricultural impact		processing - Very low			P	P	P	P
Agricultural		processing - Low impact			MUP	MUP	MUP	MUP
Agricultural impact		processing - Moderate			UP	UP	—	—
Animal keeping					S	S	S	S	9.22.060, 9.42.050
Aquaculture - Ocean dependent					—	—	MUP	MUP
Commercial greenhouse - Perimeter foundation,1,000 sf or less					P	MUP	—	—
Commercial greenhouse - Perimeter foundation,larger than 1,000 sf					MUP	MUP	—	—
Commercial greenhouse - Slab foundation					UP	UP	—	—
Commercial greenhouse - Soil dependent,1,000 sf or less					P	P	—	—	9.22.060
Commercial greenhouse - Soil dependent,larger than 1,000 sf					MUP	MUP	—	—
Crop production, orchard,vineyard			horticulture,		P(2)	P(2)	P(2)	P(2)	9.22.060

Forestry					MUP	MUP	P(2)	—
Nature preserves, restoration			habitat and	wetland	P(2)	P(2)	P(2)	P(2)	9.22.060
Winery					UP	UP	—	—
RECREATION,EDUCATION				& PUBLIC ASSEMBLY USES

Boat launchingfacility	Boat launchingfacility	Boat launchingfacility	Boat launchingfacility	Boat launchingfacility	Boat launchingfacility	—	—	—	UP	9.22.060
Coastal access trail						P	P	—	P	9.22.060
Equestrian facility,maintaining 8 or fewer horses						P	UP	—	—	9.42.050
Equestrian facility,maintaining 9 or more horses						MUP	UP	—	—	9.42.050
Interpretive center						—	—	UP	UP	9.22.060
Non-vehicular recreation						P	P	P	P	9.22.060
Meeting facility, public orprivate						—	UP	UP	UP
Parks andplaygrounds						—	MUP	UP	UP
RESIDENTIAL USES
Farmworker housing for activities on site		agriculture				UP	UP	—	—

Home occupation						P	P	P	P	9.42.090
Mobile home - Outside of homepark			mobile			P	P	P	P	9.42.120
Residential accessory use			or structure			P	P	—	—	9.42.030
Residential care facility,6 or fewer clients						MUP	P	—	—
Second unit						P	P	—	—	9.42.030
Single-familydwelling						P	P	P	P
RETAIL TRADE
Mobile vendors						MUP	MUP	MUP	MUP
Produce stand,1,000 sf maximum						MUP	MUP	MUP	MUP	9.42.140F
SERVICES
Child day care - Large or small daycare home					family	P	P	P	P	9.42.070C
Lodging - Bed & breakfast inn inn, 5or fewer rooms				(B&B)		P	P	—	—	9.42.060
Lodging - Bed & breakfast inn inn,6 or more rooms				(B&B)		MUP	MUP	—	—	9.42.060
Lodging - Campground						—	—	UP	UP
Lodging - Hostel						—	—	UP	UP
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Utilityfacility						UP	UP	UP	UP
Utilityinfrastructure						MUP	UP	UP	UP
Windmill for electricity generation						MUP	UP	UP	UP	9.42.190
Keyto	Zoning District Symbols
AE	Agriculture - Exclusive					NR- TP	Natural Resource - Timber Production

AR	Agriculture - Residential	NR- PT	Natural Resource - Public Trust
Notes: (1) See Article 10 for land use definitions. (2) Zoning Clearance not required.

(Ord. 1419, eff. 10/5/2012; Ord. 1435, eff. 12/6/2013; Ord. 1432, eff. 12/20/2013; Ord. 1468, eff. 4/1/2016; Ord. 1496, eff. 12/20/2017)

9.22.040 Agricultural and Resource District Parcel and Density Standards ¶

A new subdivision, and the density of residential development shall comply with the requirements shown in Table 2-2.

Table 2-2 - Parcel and Density Standards

	Development Standard		Requirement by	Requirement by	District	District
			AE	AR		NR-TP, PT

Minimum	Lot Area	20 acres 60 acres in Coastal Zone		2.5 acres	20 acres 60 acres in Coastal Zone
Maximum Density	Residential	1 dwelling per parcel,plus 1 second unit per parcel		1 dwelling per parcel,plus 1 second unit per parcel	1 dwelling unit per parcel

9.22.050 Agricultural and Resource District Site Planning and Building Standards ¶

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2-3, in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in Article 3 of this Land Use Code.

Table 2-3 - AE, AR, and NR District Standards

	Development Standard	AE Zone Requirement	AR Zone Requirement	NR Zone Requirement

Setbacks - Minimum and, where noted, maximum setbacksrequired. See Section 9.30.090 for exceptions to these requirements.
Front		25ft	25ft	25ft
Side - Interior (each)		10 ft	10 ft	10 ft
Side -	Street side	10 ft	10 ft	10 ft
Rear		25ft	25ft	25ft

	Development Standard	AE Zone Requirement	AE Zone Requirement	AE Zone Requirement	AE Zone Requirement	AE Zone Requirement	AE Zone Requirement	AE Zone Requirement	AR Zone Requirement	AR Zone Requirement	NR Zone Requirement
	Standard
Accessory structures		See		9.42.030 (			Accessory			Structures)


Floor area ratio ( FAR)- Maximum allowable illustration of FAR in Article 10(Glossary)										FAR.See the	definition and

Maximum FAR		0.10; additional FAR may be authorized through Use Permit approval.							.10		Not Applicable


Height limit - Maximum allowable ( Height Limits and Exceptions) for height limit exceptions.								height of structures. See Section 9.30.040 height measurement requirements, and
Maximum height		35ft							35ft		35ft

Landscaping- See Chapter						9.34(Landscaping)
Parking- See Chapter			9.36			(Parkingand Loading)

Signs - See Chapter		9.38(			Signs)

9.22.060 Agricultural and Resource District Land Use Limitations ¶

Land uses within the agricultural and resource zoning districts shall comply with the following limitations, as applicable.

A. Non-vehicular recreation. Private and public non-vehicular recreational activities including hiking, riding, fishing, and other recreational activities that do not require permanent structures, facilities, or foundations may be permitted if they do not interfere with adjacent agricultural and/or resource uses, or limit potential of the site to return to agricultural and/or resource uses, or displace the wildlife utilizing the area, especially in seasonal wetlands.

B. Threshold of review for sensitive habitats.

Habitat protection requirements. Proposed development on a site within the NR zoning district or within 250 feet of an Environmentally Sensitive Habitat Area (ESHA), or development potentially affecting another sensitive habitat area, shall comply with the applicable habitat protection policies of the Resource Conservation and Management Element of the General Plan.
Application requirements. All proposed development plans, including grading and drainage plans submitted as part of a planning permit application shall show the precise location of all sensitive habitat areas on the site plan.

C. Uses allowed in diked/reclaimed former tidelands. Allowable uses and development in grazed or farmed wetlands shall be limited to the following uses compatible with the Public Trust, and other similar and related uses as determined by the review authority to be appropriate.

Agricultural uses or operations limited to accessory structures, apiaries, horticulture and crop production, livestock raising, and orchards.
Farm-related structures, including barns, sheds, and farmer-occupied housing, necessary for the performance of agricultural uses or operations. These structures may be located on an existing grazed or farmed wetland parcel only if no alternative upland location is available for this purpose, and each structure is sited and designed to minimize adverse environmental effects on Public Trust resources and uses. The number of dwelling units allowed is determined by Section 9.22.040.

3. Restoration projects.

Nature study, aquaculture, and similar resource-dependent activities compatible with the Public Trust resources and uses.
Incidental public service purposes which may temporarily impact the resources of the area (such as burying cables or pipes).

9.22.070 Agricultural and Natural Resource Special Considerations ¶

Proposed Development and new land uses on parcels within the SCA (Special Considerations - Agricultural) or SCNR (Special Considerations - Resource) combining zone shall comply with the following requirements, as applicable, in compliance with General Plan Table LU-10.

	SCA Zone	Area	Area	SCA Zone Requirements
1		APN 021- 121-010		Provide for agriculture-related manufacturing due to aggregate fill deposits on the Arcata Bay Storage site per PC Resolution 08-09.
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