§ 25.03.004 AGRICULTURAL AND RURAL DISTRICTS.

   (A)   (1)   The intent of the agricultural zones is to maintain the productivity of agricultural land, especially prime farmland, as well as maintain open space and grazing in more remote areas of the county. The rural zones are intended to serve as a transitional area between agricultural to rural areas and rural to urban areas. Single-family dwellings, accessory dwellings and farm worker housing are allowed in these zones, as appropriate for the level of available infrastructure.

      (2)   These zones implement the agriculture land use designation of the general plan.

   (B)   Agricultural Rangeland (AR) District — Intent. The intent of this district is to provide for areas within the county to be used for agricultural rangeland purposes as set forth in the general plan. Very low-density residential development and farmworker housing are permitted due to the lack of public infrastructure and for the preservation of open space and agriculture.

   (C)   Agricultural Productive (AP) District — Intent. The intent of the AP district is to provide for areas within the county to be used for agricultural production of any type as set forth in the general plan, including agriculture support uses, vineyards, wineries and winery supporting land uses. Low-density residential uses, and the preservation of prime farmland. Low-density and farmworker housing are also permitted.

   (D)   Rural (R) District — Intent. The intent of this district is to allow very low-density residential development in areas within the county that are not primarily suited for agricultural uses, and lack infrastructure needed for higher density development. The R zone is intended to provide areas for mixtures of housing and small-scale agricultural uses.

   (E)   Rural Transitional (RT) District — Intent. The RT district is intended to provide a buffer of rural development between areas of residential development and agricultural areas in order to minimize the conversion of agricultural lands to urban uses.

   (F)   AR, AP, R, and RT permitted uses. The following table designates uses are permitted, administratively permitted, conditionally permitted, or prohibited in an AR, AP, R, and RT districts. These uses apply to every lot and building site in the AR, AP, R, and RT zoning districts, except where modified by a combining zone.

Table 25.03-B

Land Uses - Agricultural Zones

P =    Permitted Use A =    Administrative Use Permit Required C =    Conditional Use Permit Required “—” =    Use Not Allowed Some new structures require review, per § 25.02.001 of this code
Land Use Classification	Agricultural Range land (AR)	Agricultural Productive (AP)	Rural (R)	Rural Transition (RT)	Notes and Additional Regulations
Agricultural Uses1 See note 1 to this table for all agricultural uses.
Commercial agriculture (see Glossary)	P	P	P	—
Commercial composting	C	C	C	—
Commercial mushroom growing	C	C	C	—
Crowing fowl (6-10)	A	A	A	—
Crowing fowl (11+)	C	C	C	—
Indoor commercial production of plants	C	C	C	C
Commercial livestock farm or ranch involving poultry or small or large livestock able to roam and/or feed over a large area	P	P	P	—
Commercial livestock farm or ranch involving concentrations of poultry or small or large livestock animals in a central location, such as a chicken ranch, dairy, feed lot and similar uses	A	C	C	—
Rangeland grazing of small or large livestock	P	P	—	—
Non-commercial raising of poultry or other animals	P	P	P	P	See “Animal Keeping” standards in Chapter 25.08 for limits on number of animals.
Future Farmers of America (FFA) or 4-H projects, conducted by residents of the premises.	P	P	—	—
Wholesale plant nursery	P	P	P	P

 

Land Use Classification	Agricultural Rangeland (AR)	Agricultural Productive (AP)	Rural (R)	Rural Transition (RT)	Notes and Additional Regulations
Commercial Uses
Bed and breakfast establishments	C	C	C	—
Hotel or motel	C	C	C	—
Winery	A	A	A	—
Sale of agricultural products, including products not produced in San Benito County	A	A	A	A	Sale of other products, including pre-packaged and prepared food, allowed as an accessory use.
Sale of agricultural products produced in San Benito County	P	P	P	P	Sale of other products, including pre-packaged and prepared food, allowed as an accessory use.
Commercial Cannabis/Hemp Uses1 See note 1 to this table for all cannabis uses.
Indoor or outdoor cultivation of commercial cannabis; transport of crops to offsite locations (not including “distribution” as defined in Title 7, Chapter 7.02 of the County Code	C	C	C	—	Subject to additional requirements of Title 7, Chapter 7.02 of the County Code
Laboratory testing of commercial cannabis or hemp and/or cannabis or hemp products	C	C	C	—
Manufacturing of commercial cannabis or hemp (mixed light, including nurseries and distribution)	C	C	C	—
Industrial Uses1 See note 1 to this table for all Industrial uses.
Abattoir (slaughterhouse)	C	C	C	—
Agricultural processing of products grown onsite	P	P	P	—
Agricultural processing of products not grown onsite	C	C	C	—

 

Land Use Classification	Agricultural Rangeland (AR)	Agricultural Productive (AP)	Rural (R)	Rural Transition (RT)	Notes and Additional Regulations
Cannery	—	—	—	—
Pallet and agricultural bin manufacturing	C	C	C	—
Off-site truck parking in service of agricultural operations	C	C	C	—
Residential Uses1 See note 1 to this table for all Residential uses.
Single-family dwelling	P	P	P	P	Per the density requirements of the General Plan
Tiny homes	P	P	P	P	See § 25.08.029 for tiny homes standards
Accessory dwelling unit	P	P	P	P	See § 25.08.002 for accessory dwelling unit standards
Group home (small)	P	P	P	P
Group home (large)	C	C	C	C
Permanent agricultural employee housing, not exceeding 12 dwelling units (including mobile homes and RVs, or spaces for mobile homes and RVs), or 36 beds in group quarters	P	P	P	P	See Note 2
Permanent agricultural employee housing exceeding 12 dwelling units or 36 beds in group quarters	C	C	—	—	See Note 2
Labor supply employee housing	P	P	P	P	See Note 2
Seasonal agricultural employee housing	P	P	P	P	See Note 2
Temporary agricultural employee housing	P	P	P	P	See Note 2
Senior/congregate care	P	P	P	P
Transitional and supportive housing	P	P	P	P

 

Land Use Classification	Agricultural Rangeland (AR)	Agricultural Productive (AP)	Rural (R)	Rural Transition (RT)	Notes and Additional Regulations
Recreational Uses
Commercial outdoor recreational uses, including but not limited to RV parks, hunting clubs and riding clubs and golf courses	C	C	C	C
Private outdoor camping facilities, including cabins and tent camping	C	C	C	C
Other/Institutional/Utility
Aircraft landing field/helipad	C	C	C	C
Assembly uses, including places of worship, private clubs, fraternity/sorority houses, senior centers	C	C	C	C
Bus stops, park and ride lots, transit stops	P	P	P	P
Cemetery (includes columbarium)	C	C	C	C
Day care, small family	P	P	P	P
Day care, large family	A	A	A	A
Day care center	C	C	C	C
Educational institution, private	C	C	C	C	Public schools are not regulated by this title
Hobby kennels	A	A	A	—	See “Animal Keeping” in Chapter 25.08
Hospital	C	C	C	C
Kennels, including, without limitation, kennels for hybrid animals	C	—	—	—	See “Animal Keeping” in Chapter 25.08
Library or museum not operated by a governmental entity	A	A	A	A	Publicly operated libraries and museums are not regulated by this title

 

Land Use Classification	Agricultural Rangeland (AR)	Agricultural Productive (AP)	Rural (R)	Rural Transition (RT)	Notes and Additional Regulations
Microwave, radio and television transmission and/or relay structures	C	C	C	C	Facilities regulated by the PUC are not regulated by this title
Private enterprise performing governmental functions	C	C	C	C
Radio frequency emission measuring facilities (if privately operated)	C	C	C	C	Publicly operated radio frequency emission measuring facility not regulated by this title
Railway stations, multi-modal transit centers	C	C	C	C
Renewable energy generation facilities, commercial	C	C	C	—	See § 25.08.016 for development standards
Renewable energy generation facilities, commercial and private non-commercial	A	A	A	—	See § 25.08.016 for development standards
Surface mining, including concrete and asphalt batch plants and concrete and asphalt recycling plants	C	C	C	C	Must comply with Surface Mining Ordinance, Title 19 of the County Code
Veterinary hospitals and pet clinics	C	C	C	—
Accessory/incidental uses	Regulated as a use per this table. Administrative use permit or conditional use permit required if shown in the table above.
Wireless telecommunication facilities	See the Wireless Telecommunication regulations in Title 7 of the County Code
Similar uses	See “Interpretations” in Chapter 25.01
Note 1:   All agricultural, cannabis, industrial and residential uses in agricultural zones can be a primary use, if consistent with the general plan land use designation for the property.
Note 2:   Farmworker housing provided by an employer must comply with all provisions of Cal. Health and Safety Code § 17008(a). Farmworker housing provided by someone other than an agricultural employer must comply with all provisions of Cal. Health and Safety Code § 17008(b).

 

   (G)   Agricultural and rural district development standards. Table 25.03-C establishes the basic development standards for the agricultural and rural zones. Development standards for specific uses are provided in Chapter 25.08. The regulations in this section apply to every lot and building site in the AR, AP, R, and RT zoning districts, except where modified by a combining zone.

Table 25.03-C

Development Standards - Agricultural Zones

Development Standard	Agricultural Rangeland (AR)	Agricultural Productive (AP)	Rural (R)	Rural Transition (RT)
Lot and Density Standards
Maximum density 1	1 dwelling unit per 40 acres 1	1 dwelling unit per 5 acres 1	1 dwelling unit per 5 acres 1	1 dwelling unit per 2.5 acres 1
Minimum lot size	40 acres	5 acres	5 acres	2.5 acres
Setbacks and Height Limits
Front setback	30 feet	25 feet	25 feet 2	25 feet 2
Side, interior setback	32 feet	32 feet	32 feet 2	32 feet 2
Rear setback	35 feet	35 feet required	35 feet 2	35 feet 2
Distance between buildings	Subject to requirements of California Building Code
Maximum building height (feet)	35	35	35	35
Development standards for accessory structures are provided in §§ 25.07.006, 25.07.007, and 25.07.008.
1.   Accessory dwelling units do not count toward density. See § 25.08.002.
2.   R & RT zones - in state responsibility area, a vegetation clearance easement may be required for defensible space for firefighting, see County Fire Department.

 

(Ord. 1043 § 3 (part), 2022)