Adams County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 17
42 AGRICULTURAL RESOURCE OVERLAY ZONE
§ 17.42.010 Purpose.
The purpose of the agricultural resource overlay zone is to protect and enhance significant agricultural uses in the county. It is also used to ensure the continued or future use without disrupting or endangering adjacent land uses, while safeguarding life, property, and the public welfare.
(Ord. O-02-25 § 1 (Exh. A))
§ 17.42.020 Applicability.
A.
This section applies to all lands with unincorporated Adams County.
B.
The overlay zoning district imposes requirements in addition to those normally required in the underlying zoning district. Except as otherwise provided in this section, the provisions of an overlay zoning district shall prevail over any conflicting provision of the ACC. All other provisions of the ACC shall remain in full force and effect within the overlay zoning district.
(Ord. O-02-25 § 1 (Exh. A))
§ 17.42.030 Special standards or requirements.
A.
To provide a buffer between agricultural lands or uses and adjacent nonagricultural land uses, the following buffer shall apply, and the specific zone setback shall be measured from the buffer:
1.
Where any existing or proposed lot borders on a parcel zoned agricultural (PA-60, PA-40 or GA-20), it shall have a buffer from the adjoining agricultural land or use as follows:
a.
One hundred feet from an agricultural zoned lot, except when a lot is being created around a dwelling unit that existed prior to the effective date of the adoption of the ordinance codified in this title;
b.
If the property abuts a public road right-of-way, the width of the right-of-way may be calculated as part of the special setback.
2.
Reductions to the special buffer of subsection (A)(1) of this section may be granted, subject to a Type I review and recording a statement of acknowledgment with the county auditor on forms provided by the department and containing the language stipulated in Section 17.76.190(E), if an applicant can document any of the following:
a.
Preexisting Lots. The lot was legally created prior to adoption of this section and the lot cannot accommodate the buffer. In such situations, the maximum practical setback from the resource land or use shall apply;
b.
Existing Development. The buffer adjustment will not adversely affect agricultural lands or uses because the residential or especially sensitive land use is already located on an immediately adjoining lot(s), or the lot itself, and the requested reduction is consistent with those setbacks;
c.
Physical Features. The buffer would preclude placement of the residential or especially sensitive land use on an existing lot due to topography or other natural feature, flood hazard, critical area, archaeological or historical area or structure, or shape or configuration of the lot;
d.
An intervening physical feature, such as a road, river, stream, lake or critical area substantially mitigates the effects of placing a residential or especially sensitive land use closer to the agricultural land or use; or
e.
Findings document that a buffer reduction will not adversely affect an agricultural land or use. Such findings may include or be supported by the characteristics of adjoining and nearby land use or crop types and mitigation measures that effectively reduce the potential for land use conflicts and separate the site from active agricultural or mining operations, such as landscape buffers, screening, or site design. In such instances where setback adjustment is justified under this subsection, the proposed residential or especially sensitive land use shall maintain the maximum practicable setback, which in no case shall be reduced below fifty percent of the special setback specified above.
(Ord. O-02-25 § 1 (Exh. A))
