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.
(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:
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)