The purpose of this chapter is to provide for the control and regulation of the use of land and structures for agricultural-commercial turkey, chicken, game bird, or other fowl operations.
A. 
Cage or other confinement operations.
B. 
Range Operations
(Ord. 935, 1979; Ord. 1098, 1983)
"Turkey ranch/farm"
is an enterprise specifically established for the purpose of raising turkeys for sale for meat, for production of turkey eggs for sale to hatcheries or hatching on premises and selling the poults, for raising for sale as breeding stock, or any combination of the three, and does not include turkeys raised for family use only.
"Chicken ranch/farm"
is an enterprise specifically established for the purpose of raising poultry (chickens) for sale of meat, for the production of eggs for public consumption or baking and/or cooking use, for the production of eggs for sale to hatcheries or hatching on premises and selling the poults, for sale as breeding or replacement stock, or any combination of the four, and does not include chickens raised for family use only.
(Ord. 935, 1979; Ord. 1098, 1983)
A. 
The following types of agricultural-commercial turkey, chicken, game bird, or other fowl operations may be permitted when the planning director determines they are in compliance with the Merced County zoning regulations and the provisions of this chapter:
1. 
New operations;
2. 
Enlargement of existing legal operations;
3. 
Re-establishment of prior existing legal operations which have not been in operation for a period of one year or more as of the present date;
4. 
The conversion of a turkey operation into a chicken operation, or vice versa.
B. 
Before the applicant obtains a building permit for a new facility or significantly expands an existing facility, he shall submit to the County division of environmental health for approval, a wastewater management plan indicating how solid and liquid waste will be managed to prevent vector breeding, dust, odors, groundwater, and surface water pollution.
(Ord. 571, 1968; Ord. 602, 1970; Ord. 935, 1979; Ord. 1098, 1983)
Agricultural-commercial turkey and/or chicken ranch and/or farm operations are permitted on certain size land parcels and in certain specified zones as outlined in Merced County zoning ordinance Number 309.
(Ord. 935, 1979; Ord. 1098, 1983)
A. 
Turkey, chicken, game bird, or other fowl cages and other confinement housing and water systems shall be designed, constructed, and maintained in such a manner as to prevent excessive wetting of manure.
B. 
Wastewater disposal shall not contaminate other waters or provide a breeding place for insect vectors.
C. 
Manure and litter to be managed, including storage, in such a manner as to control obnoxious odors and to prevent fly production.
D. 
Storage and processing of manure shall not be performed within 500 feet of a residence on adjacent property.
E. 
Dead birds shall be stored in fly-tight covered containers of a type that will effectively control flies and odors.
F. 
Final disposal of dead birds by methods approved by the Merced County Health Department.
G. 
Dust and feathers shall be managed in such a manner as to prevent a nuisance to adjacent properties.
H. 
Feed storage facilities shall be designed, constructed, and maintained in such a manner as to prevent the entry, harborage or breeding of rodents.
(Ord. 935, 1979; Ord. 1098, 1983)
A. 
Turkey, chicken, game bird, or other fowl pens, water systems, and shelters shall be designed, constructed, and maintained in such a manner as to prevent dust, odors, and feathers from becoming a nuisance to adjacent properties.
B. 
Sprinkling systems used for dust control shall be so constructed, operated, and maintained as to effectively control dust being emitted from areas used by birds.
C. 
Manure and litter to be managed including storage, in such a manner as to control obnoxious odors and to prevent fly production.
D. 
Storage and processing of manure shall not be performed within 500 feet of a residence on adjacent property.
E. 
Dead birds shall be stored in fly-tight covered containers of a type that will effectively control flies and odors.
F. 
Final disposal of dead birds by methods approved by the Merced County Health Department.
G. 
Dust and feathers shall be managed in such a manner as to prevent a nuisance to adjacent properties.
H. 
Feed storage facilities shall be designed, constructed, and maintained in such a manner as to prevent the entry, harborage, or breeding of rodents.
(Ord. 935, 1979; Ord. 1098, 1983)
Turkey, chicken, game bird, or other fowl structures, feed storage, and missing equipment structures shall not exceed 35 feet in height except if approved by the Planning Commission.
(Ord. 935, 1979; Ord. 1098, 1983)
A. 
Front setback - no building or structure pertaining to the housing of turkeys, chickens, game birds, other fowl, or feed milling structure shall be located closer than 150 feet from the center line of a public road.
B. 
Side setback - there shall be a side yard of not less than 50 feet from the buildings to the interior property line. Additional setback, up to a maximum of 150 feet, may be required depending upon adjacent property use.
C. 
Rear setback - there shall be a rear yard of not less than 50 feet from the buildings to the rear property line. Additional setback up to a maximum of 150 feet may be required depending upon adjacent property use.
D. 
Residential use setbacks - all buildings used for residential purposes shall comply with the requirements of the zone in which the property is located.
(Ord. 935, 1979; Ord. 1098, 1983)
A. 
It shall be the duty of the Planning Department staff to enforce the provisions of this chapter pertaining to land use, zoning, and related Planning Commission approved conditions.
B. 
It shall be the duty of the Department of Public Works, Building Division, to enforce the provisions of this chapter pertaining to the location and/or construction of buildings and/or structures upon the property as shown on a Planning Commission approved and dated plot plan.
C. 
It shall be the duty of the Health Department staff to enforce the provisions of this chapter pertaining to management practices and procedures relating to the production of insect and rodent vectors, obnoxious odors, dust and feathers, and their dissemination to adjacent properties. Where established recommendations have been made by the University of California, they may be used as a guide.
D. 
The Health Officer is hereby authorized to adopt and enforce such guidelines as it deems necessary to carry out the provisions of this chapter pertaining to the operation and maintenance of poultry operations as may be necessary to secure the desired sanitation, avoidance of public nuisance, and proper administration, of the chapter.
E. 
Enforcement officers shall at all times wear disinfected rubber boots or durable disposable footwear.
F. 
It is recommended that the enforcement officer shall not have previously been on another poultry farm that same day.
(Ord. 935, 1979; Ord. 1098, 1983)
Any person violating any provision of this chapter is subject to the penalties set forth in Chapter 1.28, §§ 1.28.030 and 1.28.040 of the Merced County Code.
(Ord. 935, 1979; Ord. 1098, 1983)
Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other ordinance, chapter, or regulation, the provisions of this chapter shall govern.
(Ord. 935, 1979; Ord. 1098, 1983)