Harrison Township City Zoning Code
ARTICLE XI
Right to Farm District
§ 225-82 Purpose.
The purpose of the Right to Farm District is to assure the right to farm all land everywhere in the Township as a permitted use, without regard to specified uses or prohibited uses for any zone or district hereinafter created or defined by this chapter, subject only to restrictions set forth in Section 225-133A(1) through (9) of this chapter.
§ 225-83 Findings and determinations.
A.
The use of land for agricultural purposes is conducive to the preservation of open space for appropriate residential, commercial and recreational use, as well as agricultural use, and assures a supply of potable water, clean air and a pleasant and healthful environment as well as the aesthetic preservation of the countryside and production of food for this and future generations.
B.
Agricultural enterprise has long been the primary economic base of the Township.
C.
It is self evident that the comfort, safety, health and general welfare of the residents of the Township and general public will be best served by the protection of land now and hereafter used for agricultural purposes from incompatible encroaching land development and interference by persons not engaged in the occupation of farming.
D.
It is determined that any discomfort or inconvenience to persons not engaged in the occupation of farming resulting from dust, noise, odors, smoke and/or fumes created by farming activities is superseded by the benefits resulting from retaining farm lands and the production of agricultural products in the Township.
E.
It is further determined that it is wise and proper to encourage and protect the use of land for agricultural purposes by ordaining the right to farm all land everywhere in the Township by creation of a Right to Farm Zone encompassing the entire Township.
§ 225-84 Use by right.
A.
The use of land for all types of farming and agricultural production shall exist as a matter of right throughout the entire Township without regard to zoning districts or classifications of use and regardless of specified uses and prohibited uses elsewhere in this chapter contained, subject only but always to the restrictions contained in § 225-133 of this chapter.
B.
The right to use land in the Township for agricultural purposes (including but not limited to the production and marketing of fruits and vegetables, hatching and raising fowl, breeding and keeping dairy cattle and grazing and keeping all kinds of livestock, together with all other types of agricultural enterprises that are now and may hereafter be carried on in the Township) shall be called the "right to farm" and shall include and permit:
(1)
The use of all kinds and sizes of farm machinery and equipment (including but not limited to tractors, combines, harvesters, sprayers, irrigation pumps and other implements) in accordance with the usual farming practices in the area; and
(2)
The use of all kinds of supplies and materials (including but not limited to manures, fertilizers, chemicals, insecticides and other organic and inorganic farm materials) in accordance with the usual farming practices in the area; and
(3)
The use of all work, labor and service (including but not limited to numerous farm workers, draft animals, aerial and ground spraying, seeding and fertilizing, combining, shearing, slaughtering and all kinds of custom farm work) in accordance with the usual farming practices in the area; and
(4)
The right to engage in any or all of the aforesaid farming activities on Sundays and holidays and during any or all hours of the day or night.