Section
10.160.010 Purpose.
10.160.020 Objectives.
10.160.030 Definitions.
10.160.040 Nuisance.
10.160.050 Disclosure statement.
10.160.060 Responsibility.
The objectives of this chapter are as follows:
(A) Protect the economic viability of agricultural operations that surround and are located in the City of Tulare;
(B) Reduce conflicts between urban and agricultural uses; and
(C) Notify persons about the inherent nature and potential problems associated with living near or owning land adjacent to farming operations.
(1995 Code, § 10.160.020) (Ord. 00-1854, passed - -2000)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJACENT TO. Properties which are next to each other sharing a common property line.
AGRICULTURAL LAND. Those lands within the City of Tulare that are zoned as Agriculture (A) or Rural Residential (R-A) or lands within the unincorporated areas of Tulare County that are zoned to an agricultural zone district.
AGRICULTURAL OPERATIONS. Shall mean, but shall not be limited to, the cultivation and tillage of soil, dairying, the production, irrigation, frost protection, cultivation, growing, spraying, harvesting and processing of any agricultural commodity, including timber, viticulture, agriculture or horticulture, the raising of livestock, fur-bearing animals, fish or poultry, and any commercial practices incidental to, or in conjunction with, such agricultural operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.
INHERENT PROBLEMS. Problems associated with agricultural operations, including but not limited to, noise, odors, dust, chemicals, smoke and extended hours of operation.
URBANIZATION. The development of land for non-agricultural purposes, including, but not limited to, residential, commercial, industrial and institutional land uses.
(1995 Code, § 10.160.030) (Ord. 00-1854, passed - -2000)
No agricultural operation, conducted or maintained for commercial purposes, and in a manner consistent with the property and accepted customs and standards established and followed by similar agricultural operations in the same locality, shall be or shall become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years, if it was not a nuisance at the time it began.
(1995 Code, § 10.160.040) (Ord. 00-1854, passed - -2000)
(A) Upon the division of any land by parcel map or subdivision map, where the subject land is adjacent to agricultural operations, a disclosure statement, as prescribed by the Department, shall be recorded at the time of recording the map and shall become a permanent disclosure statement on the deed to the owner or prospective owner stating that the subject property is adjacent to farming operations and, if operated consistent with this title, the farming operations have the right to continue.
(B) The disclosure statement shall read as follows: “If the property in which you are taking an interest is located adjacent to agricultural lands or operations, or is included within an area zoned for agricultural purposes, you may be subject to inconveniences or discomfort arising from such operations including, but not limited to: noise, odors, fumes, dust, smoke, insects, operations of machinery (including aircraft) during any 24-hour period, storage and disposal of manure, and the application (by spraying or otherwise) of chemical fertilizers, soil amendments, herbicides and pesticides. One or more of the inconveniences described herein may occur as a result of any such agricultural operation which is in conformance with existing laws and regulations and accepted customs and standards. If you live adjacent to an agricultural operation, you should be prepared to accept such inconveniences and discomfort as a normal and necessary aspect of living in a city with a strong rural character and an active agricultural sector in the region.”
(1995 Code, § 10.160.050) (Ord. 00-1854, passed - -2000)
(A) It shall be the responsibility of the City of Tulare to require compliance with this chapter by applying, as conditions of approval of any division or land pursuant to the Subdivision Map Act.
(B) It shall be the responsibility of the property owner of the property being subdivided to record a disclosure statement as outlined in § 10.160.050.
(1995 Code, § 10.160.060) (Ord. 00-1854, passed - -2000)