The agricultural districts are established as districts in which the principal use of land is for farming, dairying, forestry operations and other agricultural activities. For the agricultural districts, in promoting the general purposes of these regulations, the specific intent of this article is to protect land needed and used for agricultural pursuits from encroachment by untimely and unplanned residential, commercial, or industrial development, and to allow the continuation of existing agricultural pursuits in areas where, in accordance with the recommendations of the comprehensive plan, future agricultural, commercial, industrial, or residential development is anticipated, but where the present application of zoning controls for future more intensive land uses would be unreasonable and premature.

(Amd. of 12-2-08; Amd. of 4-4-23(2), § 500)

AG-5 zoning districts are intended to establish and preserve low-to-medium density areas where agriculture is the primary land use. Residences, which may or may not be incidental to these activities, are also permitted. These districts are free from other uses which are incompatible with low-to-medium density agricultural and residential uses.

(Amd. of 4-4-23(2), § 501)

The official map (section 2301 of this ordinance) shows the boundaries of all AG-5 districts within the county. Article 23 also contains additional information concerning interpreting district boundaries, amending boundaries, etc.

(Amd. of 4-4-23(2), § 502)

(a)

The following principal uses are permitted in AG-5 districts:

(1)

Dwelling, single-family detached with a heated floor area of at least 975 square feet.

(2)

Industrialized building.

(3)

Church (subject to supplemental standards).

(4)

Farm.

(5)

Fruit and vegetable market.

(6)

Nursery, garden center, and farm supply store.

(7)

Kennel (commercial, subject to supplemental standards).

(8)

Cemetery (subject to supplemental standards).

(9)

School.

(10)

Government: local, state or federal.

(11)

Utility substations.

(12)

Manufactured home.

(13)

Single-family dwellings by farm owner, agricultural or seasonal workers and related to the agricultural operation of the farm on which it is situated and intended for the temporary or seasonal housing of farm workers. These shall be allowed at one manufactured home per five acres. However, no manufactured home shall be placed closer than 200 feet to another manufactured home. The planning and zoning commission shall be granted the power to allow a greater number/density of manufactured homes where it is deemed warranted by unique agricultural needs. Must comply to D.O.L. standards for housing.

(14)

A landowner may deed to a family member a minimum of one acre from the previously recorded parcel for the construction or placement of a single-family dwelling, provided a minimum of one acre remain in the original parcel of land. This provision shall be allowed one time per eligible family member. For purposes of this provision, the term "family member" means a child, grandchild, parent, grandparent, sibling or step-child. A single-family dwelling on a lot deeded under this provision shall be required to meet the minimum setback requirements of the R-80 zoning district as set forth in section 606 of this ordinance. This provision shall not apply if the lot being deeded to the family member is five acres or greater in area.

(b)

Conditional uses (AG-5). The following conditional uses shall be permitted in this district upon approval by the board of commissioners pursuant to section 413:

(1)

Farm supply store.

(2)

Personal care home: family personal care home or group personal care home (subject to supplemental standards).

(3)

Recreation facility, outdoor commercial and outdoor private (subject to supplemental standards).

(4)

Airport (public, private, commercial) or airstrip (private).

(5)

Facilities to host private and public functions (subject to supplemental standards).

(6)

Day care facility (subject to supplemental standards).

(7)

Golf course, tennis court and country club.

(8)

Machine shop.

(9)

Farm winery (subject to supplemental standards).

(10)

Bed and breakfast inn (subject to supplemental standards).

(11)

Civic and social organization.

(12)

Solid waste landfill.

(13)

Natural resource development (subject to supplemental standards).

(14)

Manufactured homes, mobile offices, recreational vehicles or camping trailers shall be allowed as temporary occupancy units during the construction of a principal residential use (subject to supplemental standards).

(15)

Tower.

(16)

Solar electric power generation (subject to supplemental standards).

(17)

Boarding house (subject to supplemental standards).

(c)

The following accessory uses are permitted in AG-5 districts:

(1)

Garage or carport, private.

(2)

ISO intermodal steel container.

(3)

Children's playhouse.

(4)

Swimming pool, bath house or cabana (private).

(5)

Tennis court and/or basketball facilities (private).

(6)

Garden (non-commercial).

(7)

Deck, patio, barbecue grill, or other such facility.

(8)

Fence, wall, exterior lighting fixture, or other general landscaping and site development facility.

(9)

Antenna (non-commercial).

(10)

Temporary building for storage of materials.

(11)

Roadside stand.

(12)

Home occupation (residential) (subject to supplemental standards).

(13)

Temporary occupancy unit.

(14)

Electric vehicle charging stations (private restricted use).

(15)

Dwelling, accessory (subject to supplemental standards).

(d)

The following accessory uses are allowed as conditional uses in AG-5 districts:

(1)

Home occupation, cottage industry (if located outside subject to supplemental standards).

(2)

Electric vehicle charging stations, public use (subject to supplemental standards).

(e)

All uses not permitted within AG-5 district by this section are specifically prohibited, except as may be allowed by other provisions of this ordinance.

(Ord. No. 1997-40, 12-2-97; Amd. of 11-7-00(2); Amd. of 7-2-02(1); Amd. of 7-2-02(2); Amd. of 1-7-03; Amd. of 6-1-04; Amd. of 4-5-05(3); Amd. of 4-4-06; Amd. of 8-1-06(2); Amd. of 11-7-06; Amd. of 3-6-07; Amd. of 10-9-07; Amd. of 12-2-08; Amd. of 5-17-13(1); Amd. of 5-17-13(2); Amd. of 2-4-20(1); Amd. of 11-2-21; Amd. of 6-2-22; Amd. of 4-4-23(2), § 503)

The following standards are required within AG-5 districts:

(1)

Minimum lot area. As specified by the county health department, but in no case less than five acres; however a lot of record lawfully existing at the time of the original passage of this ordinance (November 4, 1994) and having an area which does not conform to the above standards may nevertheless be developed with a use which is permitted within an AG-5 district if approved by the county health department.

(2)

Minimum lot width: 200 feet.

(3)

Minimum front-yard setback: 100 feet from property line.

(4)

Minimum side-yard setback: 30 feet.

(5)

Minimum rear-yard setback: 50 feet.

(6)

Maximum building height: 45 feet; however, this height limit does not apply to projections not intended for human habitation. For buildings and structures with such projections, the minimum required yards must be increased one foot for every two feet (or part of two feet) of height greater than 45 feet.

(7)

Applicability to land and open space. No building, structure or land may be used or occupied—and no building or structure or part of a building or structure may be erected, constructed, reconstructed, moved, or structurally altered—unless in conformity with all of the regulations specified for the district in which it is located.

(8)

Every use must be on a lot. No building or structure may be erected or use established unless upon a lot as defined by this ordinance.

(9)

Only one principal building per lot. Only one principal building and its accessory buildings may be erected on any lot, except for planned developments or as otherwise provided.

(10)

Open space not to be encroached upon. No open space may be encroached upon or reduced in any manner except in conformity with the yard, setback, off-street parking spaces, and other such required development standards contained in this ordinance. Shrubbery, driveways, retaining walls, fences, curbs, and buffers are not considered to be encroachments of yards. Open space areas as required by this ordinance must be permanently maintained as open space in accordance with the requirements of this ordinance.

(11)

Reduction of yards or lot area. Except as otherwise provided in this ordinance, a lot existing at the time of the original passage of this ordinance (November 4, 1994) may not be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this ordinance for the district in which it is located unless that reduction or division is necessary to provide land which is needed and accepted for public use.

(12)

Lots with multiple frontage. In the case of a corner lot or double frontage lot, front yard setback requirements apply to all lot lines abutting a street.

(13)

Street frontage. No principal building may be erected on any lot which has less than 30 feet of immediate frontage on at least one public street. For purposes of this provision, the term "frontage" includes the width of an easement from a public street to otherwise land locked property.

(14)

Yards and other spaces. No part of a yard, other open space, off-street parking, or loading space required for another building may be included as a part of the yard, off-street parking, or loading space required for another building, except as specifically provided for in this ordinance.

(15)

Substandard lots. When a lot has an area or frontage which does not conform with the requirements of the district in which it is located, but was a lot of record at the original effective date of this ordinance (November 4, 1994), such a lot may be used for any use allowed in the zoning district in which it is located as long as all other requirements of this ordinance are met.

a.

Adjoining lots in same ownership. When two adjoining lots are in the same ownership, they may be utilized as one lot without being replatted.

(16)

Encroachment on public rights-of-way. No building, structure, service area, required off-street parking, or loading/unloading facilities are permitted to encroach on public rights-of-way.

(17)

Physical design standards. Minimum design standards for driveways, loading areas, and other such physical site improvements are contained in applicable development regulations of the county. Consult that document for specific requirements.

(18)

Off-street parking and service requirements. Minimum standards for off-street parking and service requirements are contained in the county standard for off-street parking and service facilities (appendix G).

(19)

Other applicable development regulations. Information concerning any other applicable development regulations may be obtained by consulting the zoning administrator.

(20)

Residential structures and nonresidential structures designed or intended for human occupancy shall not be allowed to locate any closer than the height of the tower to any existing tower. See sections 2602 and 2605 of article 26, standards for towers and wireless telecommunications facilities.

(Amd. of 1-3-06; Amd. of 12-2-08; Amd. of 4-4-23(2), § 504)